A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth may have long-term effects on your family. A birth trauma attorney can make an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.

The funds can be used to help pay for your child's life-long treatment and therapies as well as medicines. It can also alleviate the financial burden that often comes with caring for a child who has been injured.

Birth Injury Prevention

The medical doctors who treat women during pregnancy or childbirth could make mistakes that can lead to birth injuries. Some of these injuries are inevitable however others could have been avoided in the event that the hospital or doctor had exercised proper care in treating the mother or child.

Cerebral Palsy and Erb’s palsy can lead to permanent disabilities. These conditions affect a child's motor skills and can be caused by a variety of causes like infections, uterine injury or a poorly controlled labor and birth.

Premature birth can also result in serious birth injuries, including hematomas or fractures. These injuries are preventable when doctors monitor the cervix during pregnancy and take the appropriate steps to avoid complications that may arise from labor that is preterm.

A medical error at birth can cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor failing to recognize signs of an emergency, or not performing a cesarean birth when fetal distress is present or vaginal problems are present.

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

Another kind of birth injury that can be avoided is the rupture of the brachial nerve. These are nerves which control the arm and hand movements of newborns. These injuries are caused by excessive stretching or pulling during labor. The resulting disabilities range from temporary weakness to total paralysis.

Families with these and other disabilities face significant expenses throughout their lives. These include ongoing therapy and medications and adaptive equipment, such as walkers or wheelchairs, special accommodations, and more. A legal claim won't change the outcome of an injury claim lawyer, but it can help families get the assistance they require and also encourage health care professionals to improve their safety procedures during the birthing process.

A seasoned California birth trauma lawyer can help families in filing a medical malpractice claim to obtain compensation for their losses. These claims can help families pay for the costs of long-term care for their child, as well as other damages.

Medical Malpractice

The parents of a child who suffers birth injuries due to an error in medicine may feel that their future has been stolen. The parents are often faced by mounting medical bills, emotional trauma and the stress that comes with caring for their child. Families in these situations can be financially relieved by a successful medical malpractice case which allows them to concentrate on their child's health and recovery.

A medical malpractice instance is when the hospital, doctor or other healthcare provider is accused of violating their obligation to care. In the case of birth injury it means that a doctor or nurse committed a negligent action prior to, during or after birth that caused best injury lawyers to the mother or child.

An experienced attorney for birth trauma will examine your case to determine if there was a breach in the duty of care. The attorney will determine the accountable parties and their policies. This involves accessing medical records, obtaining expert opinions and identifying policies procedures, policies, and violations that occurred during pregnancy and delivery. A trusted birth injury law firm will likely have resources such as medical databases and knowledgeable staff members, including nurse case managers and medical experts.

The legal team will gather evidence to prove that the medical professionals failed to adhere to the accepted standard of care when they caused your child's birth injuries. The lawyer will also present a detailed damages presentation for the jury to see how the injuries have impacted you and your family. Damages include both economic losses, like the cost for life of care and noneconomic loss, like suffering and pain.

A top-rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for a fair settlement for you and your family. If a settlement is not reached, the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict can bring your family the compensation they require to pay for the medical treatment of your child, therapies, equipment and even modifications to their home and vehicle. It can also help cover the cost of your child's care throughout their life.

Compensation

The birth of a child can be a difficult and overwhelming experience for parents. If a child gets injured during the birth due to errors or negligence in the medical field it could be more difficult. Parents can sue doctors as well as hospitals that are responsible for the injuries they've suffered. The damages could help pay for the cost of future care, treatment and equipment.

A birth injury lawyer attorney can review the facts of your case and determine if medical malpractice caused the injuries. In order to win compensation, your attorney must prove that the doctor's actions before, during and after the birth of your child was in violation of the standards of professional medical care. Usually, this can be accomplished by looking over the medical records and seeking expert opinions.

Many birth injuries can lead to permanent and life-altering health issues. Depending on the severity of your child's injuries, they could require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will consider your child's estimated lifetime treatment needs and will seek sufficient compensation to pay for all of these costs.

In addition to the expense of medical bills, you may also seek compensation for non-economic damages like emotional distress. These are more difficult to prove, however an attorney can rely on medical experts to assess the damage and determine an amount that is reasonable to compensate you for the damage.

The majority of medical malpractice cases are settled out of court because trials can be emotionally draining and dangerous for the plaintiffs. The jury could easily be biased against doctors and hospitals in these types of cases, and it's usually more effective to settle out of court.

A birth trauma attorney can explain the statute of limitations in your state and help you meet the deadlines. He or she can advise you on how to locate medical specialists in your area that can assist you in proving your case. Many birth trauma attorneys work at national law firms that have offices across the country and are able to handle cases across several states.

Time Limits

As with all lawsuits involving medical negligence, there are strict time limits for filing a claim known as the statute of limitations. If the family and victim miss the deadline they lose their right to receive compensation. A birth trauma lawyer can help families and victims be aware of and adhere to the statute of limitations to ensure that they don't forfeit on financial recovery.

The timeframes for a birth injury case vary from state to state and can be complicated to determine. Generally speaking, victims have two years to file a malpractice suit from the date of the injury attorneys. Minors who are not able to make a claim before the age of 18 could have this time extended.

In the event that the injury lawyer is not immediately apparent (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions can take several weeks or even years to develop. It is essential to contact a lawyer with experience immediately for a birth injury claim.

Some states also require a written notice of the lawsuit to be delivered to the defendant health care providers within a set time frame and can affect the time limit. A different statute of limitation may also be applicable in the event that the health care provider is an entity that is a public body or an employee of an agency of the government.

Medical malpractice lawsuits are filed with the county court in the area in which the negligence occurred. Plaintiffs are parents, and the defendants are their doctors hospitals, and other medical personnel. When the lawsuit is filed and accepted, it will be assigned a case number and an investigation schedule.

Some birth injury cases are settled before trial. Others are decided by a jury. An experienced birth trauma lawyer can help clients build solid arguments and gather evidence necessary to establish medical negligence and get fair compensation for the victim. The injuries of a victim can't be compensated by money, but the funds that are received from a successful lawsuit may aid in easing the financial burdens of a mother or child who has been injured.