A Birth Trauma Attorney Can Help You File a Claim

A mistake made during birth can have long-term consequences on your family. A birth trauma attorney can file a claim against the hospital and doctor responsible, negotiating an insurance settlement on your behalf.

The funds can be used to pay for your child's lifelong treatments, therapies, and medications. It can also alleviate the financial burden that often accompanies caring for an injured child.

Preventable Birth Injuries

Medical doctors who treat women during pregnancy or childbirth could make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, some could have easily been avoided in the event that the doctor or hospital had taken proper care when treating the mother.

Cerebral palsy and Erb's palsy are two of the most frequently birth injuries that are preventable and can lead to lifelong disabilities. These conditions impact the motor skills of a child. They can be attributed to a number of different causes, including infections, uterine injuries, or mismanaged labor and birth injury medical malpractice attorney.

Premature birth could cause serious birth injuries such as fractures or hematomas. These injuries can be avoided by having a doctor keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor.

A medical mistake during the birth process could result in oxygen deprivation for a newborn, leading to cerebral palsy and brain damage. These injuries are usually caused by a doctor's inability to recognize the symptoms of an emergency or the absence of a cesarean birth when it is accompanied by fetal distress, or other complications in the vagina.

Other birth injuries may result from the use of tools to aid in birth, such as vacuum extractors or forceps. These tools are generally safe when used correctly however, if a doctor misuses them, it can lead to serious scalp or facial injuries.

Another type of birth injury that can be prevented is the tear of a baby's brachial plexus, which are nerves that regulate hand and arm movements. These injuries can be caused by excessive pulling or stretching during labor. The resulting impairments can range from a temporary weakness to total paralysis.

Families who suffer from these and other disabilities are faced with substantial costs that last a lifetime, including ongoing therapy and medications, adaptive equipment like wheelchairs or walkers, and special accommodations. A legal claim won't alter the severity of an injury, but it can help families access the help they require and help health care workers to improve their safety practices during the birthing process.

A seasoned California birth trauma lawyer can assist families in submitting a medical malpractice claim to recover compensation for their losses. These claims could compensate families for the cost of long-term care for a child and other damages.

Medical Malpractice

Parents of a newborn who is injured at birth due to a medical error may feel like their future has been stolen. They are often faced with an increasing medical bill as well as emotional trauma and the added burden of caring for their child. Families with financial strains are financially reliant through the outcome of a successful medical malpractice lawsuit and can focus on their child's health and recovery.

A medical malpractice case is one in which a doctor, hospital or other healthcare provider has violated their obligation of care. In the context of birth injuries, this means a physician or a nurse committed a mistake prior to, during or after delivery which resulted in injury to the mother or child.

An experienced birth trauma attorney will examine the facts of your case to determine if there was a breach of the duty of care. The attorney will determine the parties accountable and their insurance policies. This involves accessing medical records, obtaining expert opinions and identifying policies procedures, violations, and policies that were committed during pregnancy and during delivery. A reputable law firm for birth injuries will likely have databases of medical information, and staff with experience including nurses and case managers as well as doctors.

The legal team will gather evidence to show that the medical providers did not meet the accepted standards for treatment, which led to birth injuries to your child. The lawyer will also present an extensive damages report for your jury to understand how the injuries have affected you and your family. Damages can be based on economic losses such as the lifetime cost of health care, and non-economic losses like pain and birth trauma attorney suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurance companies and fight for a fair settlement for your and your family. If no settlement is reached the lawyer will prepare your case for trial and present the case to a jury of peers. If the verdict is successful, it could provide your family the money needed to pay for medical treatments and equipment and also for modifications to your vehicle and home. It can also help with the lifelong cost of care resulting from your child's disability.

Compensation

The birth of a baby can be a stressful and overwhelming experience for parents. If a child gets injured during birth due to mistakes or medical negligence this can be more difficult. Parents can sue doctors and hospitals who are responsible for the harm they suffered. The compensation can be used to cover costs for future care, treatment, and equipment.

A birth injury lawyer can analyze your case to determine whether the injuries were the result of medical malpractice. To win the compensation you deserve, your lawyer must prove that the doctor's actions prior to, during and after the birth of your child was in violation of the standards of professional care. Usually, this can be done by reviewing the medical records and obtaining expert opinions.

Many birth injuries can cause chronic and life-altering health issues. Depending on the severity of your child's injury is, it may require continuous medical treatment, therapy, medications and assistive devices. A successful claim will consider your child's projected lifetime treatment needs and will seek sufficient compensation to pay for all these costs.

You can also receive compensation for non-economic losses, such as emotional distress. These damages are harder to prove, but an attorney can count on medical experts to assess the damages and birth trauma attorney award a reasonable amount to compensate you for the harm.

Medical malpractice cases are typically settled outside of court due to the fact that the trial process is risky, stressful and emotionally taxing for plaintiffs and their families. The jury is prone to be biased against doctors and hospitals in these kinds of cases, and it is usually more effective to settle outside of court.

A birth trauma attorney can explain the statute of limitations in your state and help you meet these deadlines. He or she can advise you on how to find medical specialists in your region who will strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the nation. They are able to handle cases from multiple states.

Time Limits

As with most lawsuits involving medical negligence, there are strict deadlines for filing a claim, also known as the statute of limitations. If the victim and family fail to meet the deadline, they lose their right to receive compensation. A birth trauma attorney can assist families of victims to be aware of and adhere to the statute of limitations, so that they don't forfeit on financial recovery.

The timelines in the case of a birth injury lawsuit differ from state to state and are difficult to determine. In general the state of California, victims have two years from the date of injury to file a malpractice suit. Minors who cannot file a claim by the age of 18 could be granted a longer time.

In the event that the injury isn't evident immediately (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the timeline could be longer. These conditions can take several weeks or even many years to be apparent. It is essential to contact an experienced lawyer immediately in a birth injury case.

Some states also require a written notice of the lawsuit to be sent to the defendant health care providers within a specified period of time and can affect the statute of limitations. Furthermore when the health provider is a government entity or is employed by an agency of the government, a different statute of limitations could be in place.

Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. The plaintiffs are parents, whereas defendants are their doctors, hospitals and other medical staff. The lawsuit will be assigned an id number and a date for the trial once it is filed.

Some birth injury cases can be resolved prior to trial. Others are decided by an appeals court. A skilled birth trauma attorney can help clients create solid arguments and gather the evidence needed to prove medical negligence and secure fair compensation for the victim. While no amount can compensate a victim for their injuries, the funds gained through a successful lawsuit can help alleviate some of the financial burdens that come with the care and treatment of a child who has been injured or mother.