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A Birth Trauma Attorney Can Help You File a Claim

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

These funds can help pay for the treatments or therapies your child will need throughout his or her life. It can also ease the financial burden that usually accompanies caring for a child who has been injured.

Prevention of Birth Injuries

Medical professionals who treat pregnant women and children may make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, others could have easily been avoided by a doctor or hospital if they took the proper precautions when treating the mother.

Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These disorders affect the motor skills of a child. They can be caused by a variety of different causes, including infections, uterine trauma, or mismanaged labor and delivery.

Premature birth can cause serious birth injuries, such as fractures or hematomas. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor.

A medical error during birth can also result in cerebral palsy and brain damage in newborns. These injuries are typically caused by a physician's failure to recognize the signs of an emergency or performing a cesarean when fetal distress is present or complications in vagina.

Other birth injuries could result from the use of instruments that assist in birth, such as vacuum extractors or forceps. These tools are usually safe when used properly but if a doctor misuses them, it can result in serious scalp or facial injuries.

Another type of birth injury that can be prevented is the tearing of the brachial plexus. These are nerves that control the arm and hand movements of newborns. These injuries can be caused by excessive stretching or pulling during labor. The resulting disabilities vary from temporary weakness to complete paralysis.

Families who suffer from these disabilities and others face significant expenses throughout their lifetime. This includes continuing therapy medication and adaptive equipment, such as walkers or wheelchairs, as well as special accommodations, and more. A legal action will not reverse an injury but it can help families get the assistance they require, and encourage health care workers to enhance their safety practices during childbirth.

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

Medical Malpractice

When a medical error causes birth injuries, the parents of the child might feel that their future was taken away from them. They often face increasing medical bills emotional trauma, the added stress of caring for their child. A successful medical malpractice suit can provide financial relief for families, allowing them to focus on their child's health and recovery.

A medical malpractice case is one where the hospital, doctor or another healthcare provider is accused of breaching their obligation to care. In the context of birth injury, this means a physician or nurse committed a negligent action prior to, during, or after birth that caused injury to the mother or child.





An experienced lawyer for birth trauma will review your case to determine if there was a breach in the duty of care. The attorney will determine the those responsible and their policies. This involves obtaining medical records, obtaining expert opinions, and identifying the policies and procedures that were violated during the pregnancy and delivery. A reputable law firm for birth injuries will likely have medical databases and personnel with experience including nurses and case managers as well as doctors.

Accident Injury Lawyers will collect proof to prove that the medical providers did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also present an in-depth damages presentation to your jury to understand how the injuries have affected you and your family. Damages include economic losses such as the lifetime costs of care and noneconomic losses, like pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight to get a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare for trial and present your case in front of a jury of your peers. A successful verdict could grant your family the compensation they require to pay for the medical treatment of your child therapies, equipment and even modifications to their vehicle and home. It can also assist with the costs of care due to your child's disability.

Finding Compensation

Birthing a child can be a stressful and overwhelming experience for parents. It can be even more difficult and draining when a child is injured by mistakes or medical negligence during the birth process. Fortunately parents are able to bring a lawsuit against at-fault doctors and hospitals for the damage they endure. The money can be used to pay the future expenses of medical treatment, and equipment.

An attorney for birth injuries can examine the circumstances of your case and determine if medical negligence caused the injuries. To be able to claim compensation, your attorney must demonstrate that the actions of the doctor prior to, during and after the birth of your child violated the standards of professional medical care. Usually, this is 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 the injury of your child is, it may require continuous medical treatment, therapy, medications and assistive devices. A successful claim will take into account your child's estimated lifetime treatment needs and will be able to obtain a fair amount of compensation for all of these expenses.

In addition to the cost of medical bills, you can also recover compensation for other damages, such as emotional distress. These damages are harder to prove, but an attorney can depend on medical experts to determine the damage and determine an amount that is reasonable to compensate you for the harm.

Most medical malpractice claims are settled outside of court because a trial can be stressful, emotionally draining and dangerous for the plaintiffs. In these situations, the jury can become biased against hospitals and doctors. Therefore, it is more efficient to settle the case outside of the courtroom.

A birth trauma lawyer can help you understand the statute of limitations for your state and make sure that you meet these deadlines. They can also guide you on how to locate the top medical professionals in your region to strengthen your case. Many birth trauma lawyers work for national law firms with offices across the country and are able to handle cases across several states.

Time Limits

The time limit for filing a lawsuit is the same as in the majority of lawsuits involving medical malpractice. If the family of the victim fail to meet the deadline, they lose their right to receive compensation. A birth trauma lawyer can assist victims and their families, as well as the court to understand and comply with statutes of limitations to avoid losing financial recovery.

The timelines for a birth injury claim vary from state to state and are difficult to determine. Generally, victims have two years to file a lawsuit for malpractice starting from the date of injury. However, this can be extended for minors in the event that they are unable to file an action before turning 18.

For cases in which the injuries aren't immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions like cerebral palsy, the duration can be extended. This is because these conditions can take weeks or years to show up. It is important to contact an experienced lawyer immediately in a birth injury claim.

Some states also require a notice of the lawsuit to be provided to the health care providers who are defendants within a specified period of time, which can also affect the statute of limitations. In addition, if the health care provider is a public entity or employed by an agency of government an alternative statute of limitations may apply.

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

Some birth injury cases are resolved prior to trial. However, others require a jury. A skilled lawyer for birth trauma can assist clients to build strong cases and gather evidence to prove medical negligence and secure fair compensation for victims. While no amount will compensate a victim for their injury, the funds gained through a successful lawsuit may reduce some of the financial burdens associated with the treatment and care of an injured child or mother.