A Birth Trauma Attorney Can Help You File a Claim
A medical error in childbirth may have long-term effects on your family. A birth trauma lawyer can file a claim and negotiate an insurance settlement for you against the hospital or doctor accountable.
These funds can be used to help to cover the cost of your child's lifelong treatments or therapies as well as medications. It can also ease the financial burden that usually is associated with caring for an injured child.
Birth Injury Prevention
Medical professionals who treat women during pregnancy and childbirth may make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, others could have been avoided in the event that the doctor or hospital had taken proper care when treating the mother.
Cerebral Palsy and Erb's Palsy can result in permanent disabilities. newborn injury attorney affect children's motor skills and can be caused by a myriad of causes such as infections, uterine injuries or a poorly controlled labor and delivery.
Premature birth can also result in serious birth injuries, like fractures or hematomas. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid any complications that could arise 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 typically caused by a physician's failure to recognize the signs of an emergency, or not performing a cesarean when fetal distress is present or vaginal problems are present.
Other birth injuries can be attributed to the use of birth-assisting tools such as forceps or vacuum extractors. These tools are typically safe when used correctly, but when a physician misuses them, it can lead to serious head or facial injuries.
Another form of preventable birth injury involves the tearing of the brachial plexus in a newborn's birth which are nerves that control arm and hand movement. These injuries can be caused by excessive stretching or pulling during labor. The resultant disabilities can range from temporary weakness to total paralysis.
Families with these and other disabilities are faced with substantial costs throughout their lifetime. These include continuing therapy medication and adaptive equipment like wheelchairs or walkers, special accommodations, and so on. A legal claim can't reverse an injury, but it can help families obtain the resources they need and also motivate health professionals to improve safety practices during childbirth.
A skilled California birth trauma lawyer can assist families in filing a medical malpractice claim to seek compensation for their losses. These claims could compensate families for the cost of long-term care for a child and other damages.
Medical Malpractice
The parents of a child who suffers birth injuries as a result of an error in medical care may feel that their future is ruined. Parents are often faced by mounting medical costs as well as emotional trauma, and the stress that comes with caring for their child. These families are financially reliant through an outcome in a medical malpractice case and can focus on their child’s health and recovery.
A medical malpractice case is one that alleges a hospital, doctor, or other healthcare provider breached their duty of care. In the case of birth injuries it implies that a doctor or nurse made a negligent act before or during delivery that resulted in an injury to the mother or baby.
An experienced attorney for birth trauma will examine the facts of your case to determine if there was a breach of duty of care. He or she will identify those responsible and their policies. This involves obtaining medical records, seeking expert opinions, and identifying the policies and procedures that were violated during the pregnancy and delivery. A reputable law firm dealing with birth injuries is likely to have medical databases and personnel with experience including doctors and nurse case managers.
The legal team will gather evidence to prove that the medical professionals did not meet the accepted standard of care when they caused the birth injuries of your child. The lawyer will then present a thorough explanation of damages to your jury to ensure they understand how the injuries affected your family and yourself. Damages can include economic losses such as lifetime costs of care, as well as noneconomic losses like pain and suffering.
A highly rated birth injury lawyer will negotiate with insurers on your behalf and will fight for an equitable settlement for your family. If a settlement cannot be reached, the lawyer will prepare for trial and argue your case before an audience of your peers. A successful verdict could grant your family the money required to cover treatments, therapies and equipment and also for modifications to your vehicle and home. It can also help cover the expenses of caring for your child throughout their life.
Compensation
The birth of a baby is a difficult and stressful time for parents. It can be even more stressful and exhausting when a child gets injured as a result of errors or negligence in the birth process. Fortunately parents can file a lawsuit against at-fault doctors and hospitals for the harm they endure. The compensation can be used to cover expenses for future medical treatment and equipment.
An attorney for birth injuries can review the details of your case and determine if medical negligence caused the injuries. The attorney must prove that the doctor's actions prior to and after the birth, violated the accepted standards of professional practice to be able to claim compensation. This can be accomplished by reviewing medical records and obtaining professional opinions.
Many birth injuries can cause long-term and life-altering health problems. Based on the severity of your child's injuries, they may require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will consider the treatment needs of your child throughout their life and seek out compensation to cover all of these expenses.
In addition to the expense of medical bills, you can also seek compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, however your attorney can rely on the expertise of medical experts in assessing the damage and then award you a reasonable amount of money to cover the damage.
Medical malpractice cases are typically settled out of court because trials can be stressful, risky and emotionally taxing for plaintiffs and their families. The jury can easily become biased towards doctors and hospitals in these kinds of cases, and it is usually more effective to settle outside of court.
A birth trauma lawyer can explain the statute of limitations in your state and assist you meet these deadlines. They can also help you locate the best medical experts in your area to help strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices all over the country. They are able to handle cases from a variety of states.
Time Limits
As with most lawsuits involving medical malpractice, there are strict deadlines for filing a claim, also known as the statute of limitations. If the family of the victim do not meet the deadline, they forfeit their right to receive compensation. A birth trauma lawyer can assist victims and their families as well as the court understand and comply with the statute of limitations to avoid losing any financial recovery.
The timeframes for a birth-related injury case vary by state and may be a challenge to determine. In general the state of California, victims have two years from the date of the injury to file a malpractice claim. However, this is often extended for minors if they are unable to file an action before the age of 18.
In cases where the injury isn't immediately obvious (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the timeline could be longer. These conditions may take several weeks or even several years to manifest. This is why it is crucial to speak with an experienced lawyer for a birth injury case immediately.
Certain states require that notice be sent within a certain time frame to the defendant health providers and may affect the statute. In addition when the health care provider is a public entity or is employed by an agency of the government the statute of limitations could be in place.
Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. The plaintiffs are parents and their doctors, hospitals, and any other medical professionals are defendants. The lawsuit will be assigned an id number and a date for trial after it is filed.
While settlements are usually reached prior to trial but some birth injuries cases can lead to a jury verdict. A skilled attorney for birth trauma can help clients build solid arguments and gather necessary evidence to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money will compensate a victim for their injuries, the money gained through a successful lawsuit may reduce some of the financial burdens that come with the treatment and care of a child injured or mother.