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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 an insurance settlement for you with the hospital or physician accountable.

These funds can be used to with the costs of treatments or therapies your child will need throughout his or her lifetime. This can also help reduce the financial burden of caring for a child who has suffered injuries.

Preventable Birth Injuries

The medical specialists who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Some of these injuries are unavoidable, but others could have been avoided if the physician or hospital had exercised proper care in treating the mother or child.

Cerebral Palsy and Erb’s palsy can lead to permanent disabilities. These disorders affect the motor abilities of a child and can be attributed to a number of different causes, including infections, uterine trauma, or mismanaged labor and birth.

Premature birth can cause serious birth injuries like hemorrhagic fractures or fractures. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take the appropriate steps to prevent complications from preterm labor.

A medical mistake during birth can cause cerebral palsy and brain damage in newborns. These injuries are typically caused by a physician's failure to recognize signs of an emergency or not performing a cesarean birth when fetal distress is present or complications in vagina.

Other birth injuries are related to the use of tools for birth such as forceps and vacuum extractors. These tools are generally safe when used correctly, but when a physician uses them improperly, it could cause serious facial or scalp injuries.

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

Families with these and other disabilities have to pay for significant costs throughout their lives. This includes continuing therapy and medications and adaptive equipment, such as walkers or wheelchairs, as well as special accommodations, and more. A legal claim will not reverse an injury but it can help families get the assistance they require and also encourage health care professionals to enhance their safety practices during the birthing process.

A skilled California birth trauma lawyer can assist families in filing a medical malpractice claim to recover compensation for their losses. These claims can reimburse a family for the cost of a child's long-term treatment and other damages.

Medical Malpractice

The parents of a child who suffers birth injuries as a result of a medical error may feel that their future is ruined. Parents are often faced by mounting medical bills, emotional trauma and the added stress of caring for their child. A successful medical malpractice suit can bring financial relief to families, allowing them to concentrate on their child's health and recovery.

A medical malpractice case is one in which a doctor, hospital, or other healthcare provider breached their obligation of care. In the case of birth injuries it means that a physician or nurse made an act of negligence prior to, during, or after the birth, resulting in an injury to the mother or baby.

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

The legal team will gather evidence to show that the medical providers did not meet the standards for care, resulting in birth injuries to your child. Accident Injury Lawyers will also present an extensive damages report for your jury to understand how the injuries have impacted you and your family. Damages encompass economic losses such as the lifetime costs of care and noneconomic loss, like suffering and pain.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurance companies and fight for a fair settlement for you and your family. If a settlement is not reached, he or she will prepare for trial and argue your case in front of an audience of your peers. If the verdict is successful, it could provide your family the funds needed to pay for treatments as well as equipment and therapies and even modifications to your vehicle and home. It could also help to cover the costs of your child's medical care for the rest of their life.

Compensation

The birth of a child can be an emotional and overwhelming experience for parents. It can become more stressful and exhausting when a child gets injured by mistakes or medical negligence during the delivery process. Fortunately parents can bring a lawsuit against the at-fault hospital and doctors for the damages they endure. The compensation can be used to pay for future costs of care, treatment and equipment.

A birth injury lawyer can examine the facts of your case and determine if medical negligence caused the injuries. The attorney must prove that the actions of the doctor before and after the birth violated the accepted standards of professional practice to obtain compensation. This can usually be done by reviewing medical records and obtaining professional opinions.

Many birth injuries can result in long-term health issues that could alter your life. Based on the severity of your child's injury is, it could require regular medical treatment, therapy, medications and assistive devices. A successful claim will take into account the estimated lifetime treatment needs and will be able to obtain a fair amount of compensation for all these costs.

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

Medical malpractice cases are usually settled outside of court due to the fact that trials can be risky, stressful and emotionally draining for plaintiffs and their families. The jury is prone to become biased towards hospitals and doctors in these kinds of cases, and it is usually more effective to settle outside of court.

A lawyer for birth trauma can help you understand the statute of limitations for your state and ensure you meet these deadlines. They can also guide you on how to locate the top medical professionals in your area to strengthen your case. Many birth trauma lawyers work at national law firms with offices across the country and are able to handle cases across multiple 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 victim and family do not meet the deadline, they forfeit their right to receive compensation. A birth trauma lawyer can help victims and their families understand and comply with the statute of limitations so that they don't miss out on financial compensation.

The timelines for a birth injury claim differ from state to state and are difficult to determine. In general the state of California, 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.

For cases in which the injuries aren't immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions such as cerebral palsy, the duration may be extended. This is because these conditions can take weeks or years to appear. This is why it's so important to contact an experienced lawyer to handle a birth injury case as soon as you can.





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

Medical malpractice lawsuits may be filed at the county court in which the negligence occurred. Parents are the plaintiffs and their doctors, hospitals, and any other medical staff are the defendants. Once the lawsuit is filed and accepted, it will be assigned a case number and a trial schedule.

Some birth injury cases are settled prior to trial. However, others go to a jury. A skilled birth trauma attorney can help clients build an effective case and gather necessary evidence to establish medical negligence and get fair compensation for the victim. While no amount will compensate a victim for their injuries, the money received through a successful lawsuit can ease some of the financial burdens that come with the care and treatment of a child injured or mother.