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A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can result in long-term effects for your family. A birth trauma attorney can bring an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf.

The funds can be used to pay for your child's lifetime of treatments, therapies, and medications. This can also help alleviate the financial burden of caring for a child who has suffered injuries.

Preventable Birth Injuries

Medical specialists who treat pregnant women and children may make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, others could have easily been prevented if the hospital or physician had taken proper care when treating the mother.

Cerebral Palsy and Erb's Palsy can lead to permanent disabilities. These disorders affect the motor abilities of a child and can be caused by a variety of causes, including infections, uterine trauma, or mismanaged labor and delivery.

Premature birth could cause serious birth injuries, such as hematomas or fractures. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid complications that can result from preterm labor.

A medical mistake during the birth process can also result in the loss of oxygen to the newborn, resulting in cerebral palsy and brain damage. These injuries are often due to a physician's inability to detect the symptoms of an emergency or a deficiency of a cesarean birth when it is indicated by fetal distress or problems in the vagina.

Other birth injuries may result from the use of tools to assist during birth, like vacuum extractors and forceps. These tools are generally safe when used correctly but if a doctor abuses them, it could lead to serious head or facial injuries.

Another form of birth injury that is preventable involves the tearing of a baby's brachial nerve, which are nerves that regulate arm and hand movement. These injuries are caused by excessive stretching or pulling during labor. The results can range from temporary paralysis to total disability.

Families who suffer from disabilities like these face massive costs that last for all their lives, which includes ongoing therapy and medications and equipment for adaptive use, such as walkers or wheelchairs, and special accommodations. A legal claim won't reverse an injury but it can help families get the help they require and help health care workers to improve their safety practices during the birthing process.

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

Medical Malpractice

When a medical mistake results in birth injuries, the parents of the baby may feel their entire future was taken away from them. Parents are often faced with mounting medical bills as well as emotional trauma, and the added stress of caring for their child. A successful medical malpractice suit can provide financial relief for these families so they can focus on their child's health and recovery.

A medical malpractice case is one in which the hospital, doctor or another healthcare provider is accused of breaching their duty of care. In the case of birth injuries it means that a physician or nurse made an error prior to or during the birth, resulting in an injury to the baby or mother.

AccidentInjuryLawyers will examine the facts of your case to determine if there was a breach of duty of care. He or she will identify the parties accountable and their insurance policies. This involves obtaining medical records, securing expert opinions, and identifying the policies and procedures that were not followed during the birth and pregnancy. A reputable birth injury law firm will likely have resources like medical databases as well as experienced staff members, including nurse case managers as well as medical experts.

The legal team will collect evidence to show that the medical professionals did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will also provide an extensive damages report for your jury to understand how the injuries have impacted you and your family. Damages include both economic losses, such as the lifetime costs of care, as well as non-economic losses, such as pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with insurers and fight to get a fair settlement for your and your family. If a settlement is not reached, the lawyer will prepare your case for trial and present the case to a jury of peers. A successful verdict could bring your family the money they require to pay for your child's medical treatments therapies, equipment, and modifications to their home and vehicle. It could also help pay for the expenses of caring for your child throughout their life.

Compensation

The birth of a child is a stressful and emotional time for parents. It can be made even more difficult and exhausting when a child is injured by medical negligence or error during the birth process. Parents can sue doctors and hospitals who are responsible for the damages they have suffered. The compensation can be used to pay future costs of care, treatment and equipment.

A birth injury lawyer can review your case to determine if the injuries resulted from medical malpractice. To be able to claim compensation, your attorney must show that the doctor's actions prior to, during and after the birth of your child violated the accepted standards of professional medical care. This can be accomplished by reviewing medical records and obtaining expert opinions.

A variety of birth injuries can lead to chronic health issues that can alter your life. Depending on the severity of your child's injury is, it may require regular medical treatment, therapy, medication and assistive devices. A successful claim will look at the estimated needs of your child's medical treatment throughout their life and seek out compensation to cover all these costs.

You may also be eligible for compensation for non-economic losses such as emotional distress. These are more difficult to prove, but an attorney can depend on medical experts to evaluate the damages and award an amount that is reasonable to compensate you for the damage.

Medical malpractice cases are typically settled out of court because the trial process is risky, stressful and emotionally taxing for the plaintiffs and their families. The jury could easily become biased against doctors and hospitals in these cases, and it's generally more efficient to settle out of court.

A birth trauma lawyer can assist you in understanding the statute of limitations applicable to your state and make sure that you comply with these deadlines. They can also guide you on how to locate the best medical experts in your region to strengthen your case. Many birth trauma lawyers work at national law firms that have offices across the nation and can handle cases across multiple states.

Time Limits

The statute of limitations is the same for the majority of lawsuits involving medical malpractice. If the family of the victim do not meet the deadline, they forfeit their right to receive compensation. A birth trauma lawyer can help victims, their families and the court understand and comply with the statute of limitations to avoid losing financial recovery.

The timeframes for a birth injury case vary from state to state and can be complicated to determine. In general victims have two years from the date of their injury to file a malpractice suit. However, this is often extended for minors who are not able to file an action before the age of 18.

For instances where injuries aren't immediately evident, like hypoxic-ischemic encephalopathy (HIE) or conditions such as cerebral palsy, the timeframe could be longer. This is due to the fact that these conditions can take weeks or years to appear. 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 delivered to the health care providers who are defendants within a specified time frame and can affect the time limit. A different statute of limitations may also apply in the event that the health care provider is an official of the public sector or an employee of a government agency.

Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. The parents are the plaintiffs and their doctors, hospitals, and any other medical staff are defendants. After the lawsuit is filed and a case number is assigned, it will be assigned a case number and an investigation schedule.





Some birth injury cases can be resolved before trial. But, other cases are decided by the jury. A skilled birth trauma lawyer can help clients build strong cases and gather evidence to prove medical negligence and obtain fair compensation for the victims. A victim's injury cannot be compensated with money, but the funds that are received from a successful lawsuit could help ease the financial burdens of a mother and child who is injured.