A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can have long-term implications for your family. A birth trauma lawyer near me injury can submit a claim and negotiate a settlement for you against the hospital or doctor accountable.

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

Birth Injury Prevention

Medical professionals who treat women during pregnancy and childbirth may make mistakes that can lead to birth injuries. Some of these injuries are inevitable, but others could have been prevented if the physician or hospital had taken the proper precautions when treating the mother or child.

Cerebral palsy and Erb's palsy are two of the most frequently preventable birth injuries that can cause permanent disabilities. These conditions affect a child's motor skills and are caused by a myriad of causes, including infections, uterine injury or a poorly controlled labor and birth.

Premature birth can also cause serious birth injuries, including fractures or hematomas. These injuries can be prevented by having a doctor keep an eye on the cervix throughout pregnancy and take the appropriate steps to prevent complications from preterm labor.

A medical error in the birth process may result in oxygen deprivation for a newborn, leading to cerebral palsy and brain damage. These injuries are usually caused by a doctor failing to recognize signs of an emergency or not performing a cesarean birth when fetal distress is present or vaginal complications are present.

Other birth injuries can be caused by the use of tools that aid in birth, such as vacuum extractors and forceps. These tools are safe if used correctly. However should a doctor make a mistake using these tools, they can cause serious scalp or facial injury.

Another type of preventable birth injury involves the tearing of the brachial plexus in a newborn's birth, which are nerves that regulate hand and arm movement. These injuries can be caused by excessive pulling or stretching during labor. The resultant disabilities vary from temporary weakness to complete paralysis.

Families with these and other disabilities face significant expenses throughout their lives. They are able to pay for regular therapy, medications, adaptive equipment such as walkers or wheelchairs, special accommodations, and so on. A legal claim cannot reverse an injury, but it can help families obtain the help they require and encourage health care professionals to improve safety measures during the birthing process.

A California birth trauma attorney can help families file an medical malpractice lawsuit to recover compensation for the losses they've suffered. These claims can compensate a family for the cost of a child's ongoing treatment as well as other damages.

Medical Malpractice

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

A medical malpractice case is one that asserts that a hospital, doctor or another healthcare provider violated their duty of care. In the case of birth injuries this means that a physician or nurse made an act of negligence prior to, during, or after birth that caused injury to the mother or baby.

An experienced attorney for birth trauma will review your case to determine whether there was a breach in the duty of care. He or she will identify accountable parties and their policies. This will require accessing medical records, securing expert opinions, and identifying the policies and procedures that were violated during the birth and pregnancy. A trusted birth injury law firm will also likely have resources such as medical databases and knowledgeable staff members including nurse case managers as well as medical experts.

The legal team will gather evidence to prove that the medical professionals failed to meet the accepted standards of care when they caused your child's birth injuries. The lawyer injury will also prepare a detailed damages presentation for the jury to see how the injuries have affected you and your family. Damages encompass both economic losses, such as the lifetime costs of care and noneconomic losses, such as pain and suffering.

A top-rated birth injury lawyer will negotiate with insurers on your behalf and will fight for an equitable settlement for your family. If a settlement is not reached, the lawyer will prepare for trial and present your case in front of a jury of your peers. If the verdict is successful, it could provide your family the compensation needed to pay for medical treatments and equipment and also for modifications to your vehicle and home. It can also help with the lifelong costs of care that result from your child's disability.

Finding Compensation

Birthing a child can be a stressful and overwhelming experience for parents. If a child is injured during delivery due to errors or negligence in the medical field it could be more difficult. Fortunately parents are able to sue at-fault doctors and hospitals for the damage they suffer. The damages can be used to cover the future expenses of medical treatment and equipment.

A birth injury attorney will review the circumstances of your case and determine if medical malpractice caused the injuries. Your lawyer must prove that the doctor's actions prior to and after the birth, violated accepted standards of professional practice in order to win compensation. Usually, this is done by reviewing the medical records and obtaining expert opinions.

A variety of birth injuries can lead to long-term health problems that can alter your life. Based on the severity of your child's injury is, it may require regular medical treatment, therapy, medications and assistive devices. A successful claim will consider your child's estimated lifetime treatment needs and will seek compensation sufficient to pay for all these costs.

In addition to the cost of medical bills, you may also seek compensation for non-economic damages such as emotional distress. These damages are harder to prove, however an attorney can depend on medical experts to assess the damages and award an appropriate amount to compensate you for the harm.

Medical malpractice claims are typically resolved outside of court because a trial is risky, stressful and emotionally taxing for the plaintiffs and their families. In these cases the jury could be biased against hospitals and doctors. Therefore, it is more effective to settle outside of the courtroom.

A birth trauma attorney can explain the statute of limitations in your state and assist you meet the deadlines. He or she can also advise you on how to locate medical specialists in your region who can help strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices across the nation. They can manage cases from several states.

Time Limits

The time limit for filing a lawsuit is the same as with the majority of lawsuits involving medical malpractice. If the victim and their family do not file their claim by the deadline then they lose their right to claim 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 financial compensation.

The timeframes for a birth injury case differ by state and can be a challenge to determine. Generally speaking, victims have two years to file a malpractice suit starting from the date of injury. Minors who are unable start a claim until the age of 18 could be granted a longer time.

For cases in which the injuries aren't immediately evident like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeframe may be longer. This is due to the fact that these conditions may take weeks or years to show up. This is why it is essential to get in touch with an experienced lawyer injury to handle a birth injury case as soon as you can.

Certain states require that a notification be sent within a certain time frame to the defendant health providers and may affect the statute. A different statute of limitations may also be applicable when the health provider is an entity that is a public body or an employee of a government agency.

Medical malpractice lawsuits are filed with the county court in the region in which the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical staff are defendants. The lawsuit will be assigned an identification number and a time for trial after it is filed.

While settlements are often reached before reaching trial, some birth injury claims lawyers cases are able to go to a jury verdict. A skilled birth trauma lawyer can help clients build strong cases and gather evidence to prove medical malpractice and obtain fair compensation for the victims. While no amount can compensate a victim of their injury, the funds gained through a successful lawsuit can ease some of the financial burdens associated with the treatment and care of a child injured or mother.