A Birth Trauma Attorney Can Help You File a Claim

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

These funds can be used to provide your child with a lifetime of treatments, therapies, and medications. This can also help ease the financial burden of caring for the child who has suffered injuries.

Preventable Birth Injuries

Medical professionals who treat pregnant women and children can make mistakes that can lead to birth injuries. Some of these injuries are unavoidable however others could have been avoided by a hospital or physician who had exercised proper care in treating the mother or child.

Cerebral palsy and Erb's palsy are two of the most frequently birth injuries that could lead to lifelong disabilities. These disorders affect the motor abilities of a child. They can be attributed to a number of causes, including infections, uterine trauma, or a mishandled labor and delivery.

Premature birth can cause serious birth injuries, such as hemorrhagic fractures or fractures. These injuries are preventable when doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid complications that may result from preterm labor.

A medical error during the birth process could result in oxygen deprivation for babies, leading to cerebral palsy and brain damage. These injuries are typically caused by a physician's failure to recognize signs of an emergency or not performing a cesarean if there is distress in the fetus or complications in vagina.

Other birth injuries can be attributed to the use of birth-assisting tools such as forceps and vacuum extractors. These tools are safe if used correctly. However when a doctor uses them it can cause serious scalp or facial injuries.

Another type of preventable birth injury attorneys involves the tearing of a baby's brachial plexus which are nerves that regulate hand and arm movements. These injuries happen when excessive stretching or pulling damage the nerves during labor and birth. The resulting impairments can range from a temporary weakness to total paralysis.

Families who suffer from these and other disabilities face massive costs that last for a lifetime, including regular therapy and medication and adaptive equipment such as walkers or wheelchairs, as well as special accommodations. A legal action will not change the outcome of an injury, but it can help families access the assistance they require, and encourage health care workers to enhance their safety practices during the birthing process.

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

Medical Malpractice

If a medical error results in an injury to the birth the parents of the newborn may feel like their entire life was taken away from them. Parents are often faced with mounting medical bills as well as emotional trauma and the stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief to families in need, so they can focus on their child's health and recovery.

A medical malpractice case is one in which a hospital, doctor or other healthcare provider is accused of violating their duty of care. In the context of birth injuries this means that a physician or nurse made an error prior to or during the birth, resulting in an injury lawsuits to the baby or mother.

A skilled birth trauma attorney will review the facts of your case to determine whether there was a breach of the duty of care. The attorney will determine the those responsible and their policies. This requires access to medical records, seeking expert opinions, and identifying the policies and procedures that were not followed during the pregnancy and birth. A reputable birth injury law firm will also likely have resources like medical databases as well as experienced staff members such as nurse case managers and medical experts.

The legal team will collect evidence to prove the medical professionals failed to adhere to the accepted standard of care when they caused the birth injuries of your child. The lawyer will also present a detailed presentation of the damages to the jury to ensure they comprehend how the injuries affected you and your family. Damages can include both economic losses, like the cost for life of care as well as non-economic losses, such as suffering and pain.

A highly rated lawyer for birth injuries will negotiate on your behalf with insurers and fight for a fair settlement for your and your family. If a settlement cannot be reached, he or she will prepare for trial and present your case in front of an audience of your peers. If the verdict is successful, it could provide your family the money required to cover treatments as well as equipment and therapies and even modifications to your home and vehicle. It could also help to cover the costs of your child's medical care for the rest of their life.

Compensation

The birth of a baby is an emotional and overwhelming moment for parents. If a child gets injured during the birth due to errors or negligence in the medical field it could be more difficult. Fortunately, parents can sue the hospitals and doctors at fault for the harm they suffer. The damages can help cover the cost of future care, treatment, and equipment.

A birth injury lawyer can analyze your case to determine if the injuries were the result of medical negligence. In order to win compensation, your attorney must show that the doctor's actions prior to, during and following the birth of your child was in violation of the accepted standards of professional care. Usually, this is accomplished by looking over the medical records and seeking expert opinions.

Many birth injuries can cause long-term health issues that could change your life. Based on the severity of your child's injury is it could require continuous medical treatment, therapy, medications and assistive devices. A successful claim will consider your child's estimated life-long treatment needs and seek compensation sufficient to pay for all of these costs.

In addition to the expense of medical bills, you may also recover compensation for non-economic losses such as emotional distress. These are more difficult to prove, but an attorney can depend on medical experts to determine the damages and award an appropriate amount to pay for the harm.

The majority of medical malpractice cases are settled outside of court, because the trial process can be stressful, emotionally draining and dangerous for the plaintiffs. The jury could easily become biased towards doctors and hospitals in these cases, and it's usually more effective to settle outside of court.

A birth trauma lawyer can explain the statute of limitations in your state and assist you meet these deadlines. He or she can help you find the best medical specialists in your region to strengthen your case. Many birth trauma attorneys are employed by national law firms that have offices across the nation and are able to handle cases across several states.

Time Limits

As with all lawsuits involving medical malpractice there are strict deadlines for filing a claim known as the statute of limitations. If the family and victim do not meet the deadline, they forfeit their right to compensation. An attorney for birth trauma can help victims and their families learn about and comply with the statute of limitations to ensure that they don't forfeit on financial compensation.

The timelines for a birth-related injury case vary from state to state and can be a challenge to determine. Generally speaking, victims have two years to file a malpractice suit from the date of the injury. However, this is often extended for minors if they are incapable of filing a claim before they turn 18.

In cases where the injuries are not immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions such as cerebral palsy, the timeline could be extended. This is because these ailments can take weeks or years to appear. This is why it's so important to contact an experienced lawyer to handle a birth injury claims lawyers case as soon as possible.

Some states also require notice of the lawsuit to be sent to the health care providers who are defendants within a certain time frame that can also impact the time limit. Additionally when the health provider is a government entity or employed by a government agency an alternative statute of limitations could be in place.

Medical malpractice lawsuits may be filed at the county court where the negligence occurred. The plaintiffs are parents and their doctors, hospitals, and any other medical professionals are the defendants. When the lawsuit is filed and a case number is assigned, it will be assigned a case number and an investigation schedule.

Some birth injury cases can be resolved prior to trial. But, other cases are decided by the jury. An experienced birth trauma lawyer can help clients build solid arguments and gather necessary evidence to prove medical negligence and obtain fair compensation for the victim. The injury of a victim cannot be compensated through money, but the funds which are earned from a successful lawsuit could help alleviate the financial burden of a mother or child who is injured.