A Birth Trauma Attorney Can Help You File a Claim
A medical error during childbirth can result in long-term implications for your family. An attorney for birth trauma can make an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can provide the treatment that, therapies and medications your child will need throughout his or her life. It can also alleviate the financial burden that usually comes with caring for a wounded child.
Birth Injury Prevention
Medical professionals who treat mothers during pregnancy and childbirth can make mistakes that lead to birth injuries. Some of these injuries are inevitable, but 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 are two of the most commonly birth injuries that could cause permanent disabilities. These conditions impact the motor skills of a child. They can 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, including hematomas or fractures. These injuries can be avoided if doctors keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications resulting from preterm labor.
A medical mistake during the birth process can also result in oxygen deprivation for babies, leading to brain damage and cerebral palsy. These injuries are typically caused by a doctor's inability to recognize the signs of an emergency or performing a cesarean birth when there is distress in the fetus or vaginal complications are present.
AccidentInjuryLawyers may result from the use of tools to assist during birth, like vacuum extractors and forceps. These tools are safe when used correctly. However when a doctor uses them, they could cause serious scalp or facial injuries.
Another kind of birth injury that can be prevented is the tear of a baby's brachial nerve, which are nerves that regulate arm and hand movement. These injuries occur when excessive pulling or stretching damages the nerves during labor and delivery. The results can vary from temporary paralysis to total disability.
Families who suffer from disabilities like these face significant costs that can last a lifetime, including regular therapy and medication and equipment for adaptive use, such as walkers or wheelchairs, and special accommodations. A legal claim cannot change the outcome of an injury, but it can assist families in obtaining the resources they need and motivate health care workers to improve safety measures during childbirth.
An experienced California birth trauma lawyer can help families in submitting a medical malpractice claim to seek compensation for their losses. These claims can compensate families for the cost of long-term care for a child and other damages.
Medical Malpractice
The parents of a baby who suffers birth injuries as a result of an error in medicine may feel that their future is in jeopardy. Parents are often confronted by mounting medical bills as well as emotional trauma, and the stress of caring for their child. A successful medical malpractice suit can bring financial relief to families, allowing them to 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 breaching their duty of care. In the context of birth injuries it implies that a doctor or nurse made a negligent act before, during, or after delivery that resulted in an injury to the mother or baby.
A skilled birth trauma attorney will review the facts of your case to determine if there was a breach of duty of care. The attorney will determine the accountable parties and their policies. This requires accessing medical records, obtaining expert opinions and identifying policies procedures, violations, and policies that were committed during pregnancy and during delivery. 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 proof to prove that the medical professionals did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also present an extensive explanation of damages to the jury so that they can understand how the injuries affected your family and you. Damages encompass both economic losses, like the cost for life of care as well as non-economic losses, like suffering and pain.
A highly-rated lawyer who specializes in 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 a jury of your peers. If the verdict is successful, it could provide your family the money required to cover medical treatments, therapies and equipment and also for modifications to your home and vehicle. It can also assist with the lifelong costs of care that result from your child's disability.
Finding Compensation
The birth of a baby can be a stressful and overwhelming experience for parents. If a child gets injured during delivery due to errors or negligence in the medical field this can be more difficult. Parents may sue doctors and hospitals who are responsible for the injuries they've suffered. The compensation can be used to cover future costs for care, treatment and equipment.
A birth injury lawyer will analyze your case to determine if the injuries resulted from medical negligence. In order to win the compensation you deserve, your lawyer must show that the doctor's actions before, during and after the birth of your child violated the standards of professional medical care. Usually, this can be done by reviewing the medical records and obtaining expert opinions.
Many birth injuries can cause long-term health issues that could alter your life. Depending on the extent of your child's injuries they might require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will take into account your child's estimated life-long treatment needs and seek sufficient compensation to pay for all of these costs.
You may also be eligible for compensation for non-economic losses, such as emotional distress. These damages are harder to prove, however an attorney can rely on medical experts to determine the damage and determine an amount that is reasonable to compensate you for the damage.
The majority of medical malpractice cases are settled outside of court because trials can be emotionally draining and risky for the plaintiffs. In these instances, the jury can become biased against hospitals and doctors. Therefore, it is more efficient to settle outside of court.
A lawyer for birth trauma can assist you in understanding the statute of limitations for your state and make sure that you adhere to these deadlines. They can also advise you on how to locate the top medical professionals in your area to strengthen your case. Many birth trauma lawyers work for national law firms that have offices all over the country. They can handle cases from a variety of states.
Time Limits
Like most lawsuits involving medical malpractice there are strict time limits to file a claim, referred to as the statute of limitations. If the family and victim do not meet the deadline, they forfeit their right to a fair compensation. A birth trauma lawyer can help victims and their families, as well as the court understand and comply with the statutes of limitation to avoid losing any financial recovery.
The timeframes for a birth injury case vary by state and may be a challenge to determine. In general victims have two years from the date of injury to file a malpractice suit. However, this is often extended for minors if they are unable to file a claim before they turn 18.
In cases where the damage isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. This is because these conditions can take weeks or years to appear. It is important to contact an experienced lawyer in the earliest time possible in a birth injury case.
Some states also require a written notice of the lawsuit to be provided to the health care providers who are defendants within a certain time frame that can also impact the time limit. Additionally in the event that the health care provider is a public company or is employed by an agency of government an alternative statute of limitations may apply.
Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. The plaintiffs are parents, and defendants are their doctors, hospitals and other medical staff. When the lawsuit is filed and a case number is assigned, it will be assigned a case number and a trial schedule.
Although settlements are typically reached before reaching trial but some birth injuries cases go all the way to an appeal to a jury. A skilled lawyer for birth trauma can help clients build strong cases and gather evidence to prove medical negligence and get fair compensation for the victims. While no amount of money can compensate a victim of their injuries, the money received through a successful lawsuit may ease some of the financial burdens that come with the care and treatment of an injured child or mother.