A Birth Trauma Attorney Can Help You File a Claim

A medical mistake during childbirth could have long-term implications for your family. A birth trauma lawyer can make a claim and negotiate a settlement for you with the hospital or doctor responsible.

These funds can help pay for the treatments or therapies your child will require throughout their lives. It can also alleviate the financial burden that typically is associated with caring for an injured child.

Preventable Birth Injuries

The medical professionals who treat a woman during pregnancy and childbirth can make mistakes that lead to birth injuries. Some of these injuries are unavoidable however some could have been avoided if the physician or hospital was able to exercise proper care when treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most frequently birth injuries that are preventable and can lead to lifelong disabilities. These disorders affect the motor abilities of a child and can be caused by a variety of causes, including infections, uterine injuries or a mishandled labor and delivery.

Premature birth could cause serious birth injuries like hematomas or fractures. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take the proper steps to avoid complications that can arise from preterm labor.

A medical mistake during birth can also cause cerebral palsy and brain damage in a newborn. These injuries are usually caused by a doctor's inability to recognize the symptoms of an emergency or a lack of a cesarean section when it is accompanied by fetal distress or problems in the vagina.

Other birth injuries may be caused by the use of instruments that aid during birth, like vacuum extractors and forceps. These tools are usually safe when used correctly however, if a doctor uses them improperly, it could cause serious scalp or facial injuries.

Another kind of birth injury that can be avoided is the tear of the brachial plexus. These are nerves that regulate the hand and arm movements of newborns. These injuries can be caused by excessive stretching or pulling during labor. The disabilities that result can vary from temporary paralysis to total disability.

Families with these and other disabilities face significant costs that can last throughout their lives, including ongoing therapy and medications and equipment for adaptive use, such as wheelchairs or walkers, and special accommodations. A legal claim cannot reverse an injury, but it can help families get the assistance they require and encourage health care professionals to improve safety practices during childbirth.

A California birth trauma lawyer can help families file an action for medical malpractice to recover compensation for the damages they have suffered. These claims can compensate families for the cost of long-term care for a child as well as other damages.

Medical Malpractice

The parents of a baby who suffers birth injuries due to an error in medical care may feel that their future is ruined. They are often faced with an increasing medical bill, emotional trauma, and the added stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief for these families so they can focus on their child's health and recovery.

A medical malpractice case is one where the hospital, doctor or other healthcare provider is accused of violating their duty of care. In the context of birth injuries this means that a doctor or nurse committed a negligent action prior to, during, or after the birth, resulting in injuries to the mother or child.

An experienced attorney for birth trauma will analyze the facts of your case to determine if there was a breach of the duty of care. The attorney will determine the responsible parties and their insurance policies. This requires access to medical records, securing expert opinions, and identifying the policies and procedures that were not adhered to during the pregnancy and delivery. A reputable birth injury law firm (this link) will also likely have resources like medical databases and experienced staff members such as nurse case managers and medical experts.

The legal team will gather proof to prove that the medical providers did not meet the accepted standards for care, resulting in birth injuries to your child. The lawyer will also make a detailed presentation of damages to the jury to ensure they be aware of how the injuries impacted you and your family. Damages encompass economic losses such as the lifetime costs of care, as well as non-economic losses, such as suffering and pain.

A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with the insurers and fight to get an equitable settlement for you and your family. If a settlement is not reached, he or she will prepare for trial and argue your case before a jury of your peers. A successful verdict could grant your family the money they require to pay for your child's medical treatment, therapies, equipment and other modifications to their home and vehicle. It can also help with the lifelong costs of care due to your child's disability.

Compensation

The birth of a child is a stressful and emotional moment for parents. It can be even more difficult and draining when a child is injured as a result of mistakes or medical negligence during the delivery process. Fortunately parents are able to file a lawsuit against at-fault doctors and hospitals for the harm they endure. The money can be used to pay future costs of care, treatment and equipment.

An attorney for birth injuries can review the details of your case and determine if medical malpractice caused the injuries. Your attorney must prove the actions of the doctor before and after the birth violated the standards of practice for professionals to be able to claim compensation. This can be accomplished by reviewing medical records and getting professional opinions.

Many birth injuries can result in long-term health issues that could alter your life. Depending on the severity of your child's injury is it could require regular medical treatment, therapy, medications and assistive devices. A successful claim will take into account your child's estimated life-long treatment needs and seek sufficient compensation to pay for all these costs.

You may also be eligible for compensation for non-economic losses, such as emotional distress. These damages are more difficult to prove, but your lawyer will be able to rely on the expertise of medical experts in assessing the damage and then award you a fair amount of money to compensate the damage.

Most medical malpractice claims are settled out of court, because the trial process can be emotionally draining and dangerous for the plaintiffs. The jury is prone to become biased towards hospitals and doctors in these types of cases, which is why it is usually more effective to settle the case outside of court.

A lawyer for birth trauma can help you understand the statute of limitations in your state and make sure that you adhere to these deadlines. He or she can also advise you on how to locate the best injury lawyer near me medical experts in your area to help strengthen your case. Many birth trauma attorneys injurys work for national law firms that have offices across the country and are able to handle cases in multiple states.

Time Limits

Like most lawsuits involving medical malpractice there are strict deadlines for filing a claim, also known as the statute of limitations. If the family members of a victim miss the deadline then they lose their right to receive compensation for the injury. A birth trauma attorney can assist victims and their families understand and comply with the statute of limitations, so that they don't miss out on a financial recovery.

The timelines in a birth injury claim differ from state to state, and can be difficult to determine. In general victims have two years from the date of their injury to file a malpractice lawsuit. However, this time frame is usually extended for minors in the event that they are incapable of filing a claim before they turn 18.

For instances where injuries aren't immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeframe can be longer. This is due to the fact that these conditions can take weeks or even years to manifest. This is why it is essential to get in touch with an experienced lawyer to handle a birth injury case immediately.

Certain states require that a notification be delivered within a specific timeframe to the health care providers in question and may affect the statute. In addition, if the health care provider is a government entity or employed by a government agency the statute of limitations could be in place.

Medical malpractice lawsuits are filed with the county court in the location in which the negligence occurred. Parents are the plaintiffs and their doctors, hospitals, and any other medical professionals are defendants. The lawsuit will be assigned a number and a date for trial after it is filed.

Some birth injury cases are resolved before trial. But, other cases require an appeals court. A skilled lawyer for birth trauma can help clients build strong cases and gather evidence to prove medical malpractice and secure fair compensation for victims. The injuries of a victim can't be compensated with money, but the money that are received from a successful lawsuit could aid in easing the financial burdens of a mother or child who is injured.