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A Birth Trauma Attorney Can Help You File a Claim

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

These funds can be used to pay for your child's lifetime of treatments, therapies, and medications. It also helps ease the financial burden that typically accompanies caring for a child who has been injured.





Preventable Birth Injuries

Medical professionals who treat a woman during pregnancy or childbirth could make mistakes that result in birth injuries. Some of these injuries are unavoidable however, others could have been prevented 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 can cause lifelong disabilities. These conditions impact the motor skills of a child and may be attributed to a number of causes, including infections, uterine trauma, or mismanaged labor and birth.

Premature birth can also result in serious birth injuries, including hematomas or fractures. These injuries can be prevented by having a doctor keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor.

A medical error during the birth process could cause oxygen deprivation in babies, leading to brain damage and cerebral palsy. These injuries are typically caused by a doctor failing to recognize the signs of an emergency, or not performing a cesarean if the baby is in distress or vaginal complications are present.

Other birth injuries are due to the use of tools for birth like forceps or vacuum extractors. These tools are safe if used in a safe manner. However should a doctor make a mistake using them it can cause serious scalp or facial injuries.

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

Families who suffer from these and other disabilities are faced with significant costs that can last all their lives, which includes ongoing therapy and medications, adaptive equipment like wheelchairs or walkers, and special accommodations. A legal claim cannot reverse an injury, but it can help families get the resources they need and motivate health care workers to improve safety practices during the birthing process.

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

birth injury attorney bronx of a newborn who suffers birth injuries as a result of an error in medicine may feel like their future is in jeopardy. They 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 lawsuit can provide financial relief for families in need, so they can focus on their child's health and recovery.

A medical malpractice case is one in which a doctor, hospital or other healthcare provider is accused of breaching their duty of care. In the case of birth injury, this means a physician or a nurse committed a negligent action prior to, during, or after the birth, resulting in injuries to the mother or child.

An experienced attorney for birth trauma will analyze your case to determine whether there was a breach in the duty of care. The attorney will determine the parties accountable and their insurance policies. This will require accessing medical records, obtaining expert opinions, and identifying policies and procedures that were not adhered to during the pregnancy and delivery. A reputable law firm dealing with birth injuries will likely have databases of medical information and personnel with experience including nurses and case managers as well as doctors.

The legal team will collect evidence to prove that the medical providers failed to meet the accepted standard of care that caused your child's birth injuries. The lawyer will also provide an in-depth damages presentation to the jury to see how the injuries affected you and your family. Damages can be based on economic losses like the cost of lifetime medical care, as well as non-economic losses such as pain and suffering.

A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with insurance companies and fight for 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 grant your family the compensation they need to pay for your child's medical treatment and equipment, therapies, and modifications to their vehicle and home. It can also assist with the costs of care due to your child's disability.

Obtaining Compensation

The birth of a baby is a stressful and emotional moment for parents. If a child is injured during birth due to errors or negligence in the medical field this can be more difficult. Parents can sue doctors as well as hospitals who are at fault for the harm they suffered. The damages can be used to pay for future costs for care, treatment, and equipment.

A birth injury lawyer will examine your case to determine whether the injuries were caused by medical malpractice. To win the compensation you deserve, your lawyer must prove that the doctor's actions before, during and after the birth of your child violated the accepted standards of professional care. Typically, this is done by reviewing the medical records and getting expert opinions.

Many birth injuries can cause chronic and life-altering health issues. Depending on the extent of your child's injuries, they might require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will look at your child's estimated treatment needs over the course of their life and seek out compensation to cover all these costs.

In addition to the cost of medical bills, you may also seek compensation for non-economic losses like emotional distress. These damages are more difficult to prove, but your attorney will be able to rely on the expertise of medical experts when assessing the damage and then award you a fair amount of money to compensate this harm.

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

An attorney for birth trauma can explain the statute of limitations in your state and help you meet these deadlines. They can also advise you on how to locate medical specialists in your area that can assist you in proving your case. Many birth trauma attorneys work at national law firms with offices across the country and can handle cases across several states.

Time Limits

As with all lawsuits involving medical malpractice there are strict deadlines to file a claim, referred to as the statute of limitations. If the family of the victim fail to meet the deadline, they lose 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 ensure that they do not lose financial compensation.

The timeframes for a birth injury lawsuit vary by state and may be complicated 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 who are unable to file an action before turning 18.

For instances where injuries aren't immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions such as cerebral palsy, the timeline may be longer. These conditions may take several weeks or even many years to develop. This is why it's crucial to speak with an experienced lawyer for a birth injury case as soon as possible.

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 that can also impact the statute of limitations. Additionally, if the health care provider is a public entity or is employed by a government agency an alternative statute of limitations could be in place.

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

Some birth injury cases are resolved prior to trial. However, others go to the jury. A skilled attorney for birth trauma can assist clients in constructing a strong case and gather evidence necessary to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money can compensate a victim for their injuries, the funds obtained through a successful lawsuit can help alleviate some of the financial burdens associated with the treatment and care of a child who has been injured or mother.