A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can have lasting effects on your family. A birth trauma lawyer can make a claim and negotiate a settlement with insurance for you with the doctor or hospital responsible.

These funds can be used to help to cover the cost of your child's lifelong treatments or therapies as well as medications. This could also help ease the financial burden of caring for a child who has suffered injuries.

Birth Injury Prevention

The medical specialists who treat a woman during pregnancy and childbirth can make mistakes that can lead to birth injuries. Some of these injuries are unavoidable, but some could have been avoided in the event that the hospital or doctor had taken the proper precautions when treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most commonly birth injuries that are preventable and can cause permanent disabilities. These disorders affect the motor skills of a child and may be attributed to a number of causes, such as infections, uterine injuries or mismanaged labor and delivery.

Premature birth can also result in serious birth injuries, like hematomas or fractures. These injuries can be prevented if doctors monitor the cervix throughout pregnancy and take all the necessary steps to prevent complications from preterm labor.

A medical mistake during birth can also result in cerebral palsy and brain damage in newborns. These injuries are usually due to a physician's inability to detect the signs of an emergency situation or a lack of a cesarean birth when it is accompanied by fetal distress or problems in the vagina.

Other birth injuries are related to the use of birth-assisting tools such as forceps or vacuum extractors. These tools are safe if used correctly. However, if a doctor misuses these tools, they can cause serious scalp or facial injury.

Another type of birth injury that can be prevented is the tear of a baby's brachial plexus, which are nerves that control hand and arm movements. These injuries occur when excessive stretching or pulling damages the nerves during labor and delivery. The resultant disabilities can range from temporary weakness to complete paralysis.

Families dealing with these and other disabilities are faced with substantial costs that last all their lives, which includes ongoing therapy and medications and adaptive equipment such as walkers or wheelchairs, and special accommodations. Legal claims cannot change the outcome of an injury lawsuit, but it can help families get the help they require and also motivate health professionals to improve their safety practices during childbirth.

A seasoned California birth trauma lawyer can help families in filing a medical negligence claim to seek compensation for their losses. These claims can compensate families for the costs of long-term care for a child and other damages.

Medical Malpractice

Parents of a newborn who suffers birth injuries due to a medical error may feel like their future is in jeopardy. Parents are often faced by mounting medical bills, emotional trauma and the stress of caring for their child. A successful medical malpractice suit can provide financial relief to these families so they can focus on their child's health and recovery.

A medical malpractice instance is when a hospital, doctor or another healthcare provider is accused of breaching their obligation to care. In the context of birth injury it means that a doctor or nurse committed a mistake prior to, or during, or following birth that caused injury 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 duty of care. The attorney will determine the responsible parties and their insurance policies. This will require accessing medical records, obtaining expert opinions, and identifying policies and procedures that were violated during the birth and pregnancy. A reputable birth injury law firm will also likely have resources like medical databases as well as experienced staff members including nurse case managers and medical experts.

The legal team will gather proof to prove that the medical providers did not meet the standards for medical care, resulting in birth injuries to your child. The lawyer injury near me will also present an in-depth damages presentation to your jury to understand how the injuries affected you and your family. Damages could include economic costs such as the lifetime cost of care, as well as non-economic losses like pain and suffering.

A top-rated birth best injury lawyers lawyer injury near me will negotiate with insurers on your behalf and fight to recover a fair settlement for your family. If a settlement cannot be reached the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict could grant your family the money needed to pay for treatments as well as equipment and best Injury lawyer near me therapies and even modifications to your home and vehicle. It can also help cover the expenses of caring for your child for the rest of their life.

Obtaining Compensation

The birth of a child is a difficult and stressful time for parents. If a child is injured during birth due to medical negligence or error it could be more difficult. Fortunately parents are able to sue the at-fault hospital and doctors for the damage they endure. The money can be used to cover future costs of care, treatment and equipment.

A birth injury attorney can examine the circumstances of your case and determine if medical negligence caused the injuries. To be able to claim the compensation you deserve, your lawyer must prove that the doctor's actions before, during and after the birth of your child were in violation of the standards of professional care. Typically, this is accomplished by looking over the medical records and seeking expert opinions.

Many birth injuries can result in permanent and life-altering health issues. Based on the severity of your child's injuries they may require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will look at your child's estimated treatment needs throughout their life and seek compensation to cover all of these costs.

In addition to the expense of medical bills, you can also seek compensation for non-economic damages like emotional distress. These damages are more difficult to prove, however your lawyer will be able to rely on the expertise of medical experts when assessing the damage and then award you a reasonable amount of money to compensate for the damage.

Most medical malpractice claims are settled outside of court, because a trial can be stressful, emotionally draining and risky for the plaintiffs. The jury could easily become biased towards doctors and hospitals in these cases, and it's often more efficient to settle outside 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 also advise you on how to locate medical specialists in your area who will strengthen your case. Many birth trauma lawyers work at national law firms with offices across the nation and are able to handle cases across several states.

Time Limits

The time limit for filing a lawsuit is the same as in most lawsuits that involve medical malpractice. If a victim and their family miss the deadline and fail to file a claim, they forfeit their right to claim compensation for the injuries. An attorney for birth trauma can assist victims and their families understand and comply with the statute of limitations to ensure that they don't miss out on financial recovery.

The timelines for a birth injury case vary from state to state and can be difficult to determine. In general, victims have up to two years from the date of injury to file a malpractice suit. Minors who are unable make a claim before the age of 18 may be granted an extension of this time.

For instances where injuries aren't immediately evident like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeline can be extended. These conditions can take several weeks or even years to be apparent. This is why it is crucial to speak with an experienced lawyer to handle a birth injury lawsuits case as soon as you can.

Some states also require a notice of the lawsuit to be delivered to the health care providers who are defendants within a specified period of time and can affect the statute of limitations. A different statute of limitation could also apply when the health provider is an entity that is a public body or an employee of an agency of the government.

Medical malpractice lawsuits can be filed at the county court where the negligence occurred. The parents are the plaintiffs and their doctors, hospitals and other medical personnel are defendants. The lawsuit will be assigned a number and a date for the trial once it is filed.

Some birth injury cases are resolved prior to trial. But, other cases are decided by the jury. An experienced birth trauma lawyer can help clients build an effective case and gather evidence necessary to establish medical negligence and get an appropriate amount of compensation for the victim. While no amount can compensate a victim of their injuries, the money gained through a successful lawsuit can help alleviate some of the financial burdens associated with the care and treatment of a child who has been injured or mother.