A Birth Trauma Attorney Can Help You File a Claim

A medical error during childbirth can result in long-term effects for your family. A birth trauma attorney can file an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.

These funds can help provide the treatment that, therapies and medications your child will need throughout their lives. This can also ease the financial burden of caring for children who have been injured.

Preventable Birth Injuries

The medical professionals who treat a woman during pregnancy and childbirth can make mistakes that lead to birth injuries. Some of these injuries are inevitable however others could have been avoided by a hospital or physician who had taken the proper precautions when treating the mother or child.

Cerebral Palsy and Erb's psy are two of the most commonly preventable birth injuries that can cause permanent disabilities. These conditions affect a child's motor abilities and can be caused by a myriad of causes, including infections, uterine trauma, or a poorly managed labor and delivery.

Premature birth may also cause serious birth injuries, such as fractures or hematomas. These injuries can be avoided by having a doctor keep an eye on the cervix throughout pregnancy and take the necessary steps to prevent complications from preterm labor.

A medical error during the birth process may result in the loss of oxygen to babies, leading to cerebral palsy and brain damage. These injuries are often caused by a doctor's inability to recognize the symptoms of an emergency or a lack of a cesarean section when it is indicated by fetal distress, or other complications in the vagina.

Other birth injuries can be caused by the use of tools to aid during birth, like vacuum extractors or forceps. These tools are safe if used correctly. However, if a doctor misuses them it can cause serious facial or scalp injury.

Another type of preventable birth injury involves the tear of a baby's brachial plexus which are nerves that control arm and hand movement. These injuries occur when over stretching or pulling damage the nerves during labor and birth. The resultant disabilities can range from temporary weakness to total paralysis.

Families dealing with disabilities like these face substantial costs that last throughout their lives, including regular therapy and medication, adaptive equipment like walkers or wheelchairs, as well as special accommodations. A legal claim can't reverse an injury, but it can help families get the resources they need and also motivate health professionals to improve their safety practices during the birthing process.

An experienced California birth trauma lawyer can help families in filing a medical malpractice claim to obtain compensation for their losses. These claims could compensate a family for the cost of a child's long-term care and other damages.

Medical Malpractice

If a medical error causes birth injuries, the parents of the child might feel that their future was stolen from them. They often face an increasing medical bill emotional trauma, the added stress of caring for their child. A successful medical malpractice lawsuit could provide financial relief to these families 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 breached their obligation of care. In the context of birth injuries this means that a doctor or Birth Trauma attorney nurse made an act of negligence prior to, during, or after delivery that resulted in an injury to the mother or baby.

An experienced birth trauma attorney will review the facts of your case to determine if there was a breach of the duty of care. He or she will identify the parties accountable and their insurance policies. This requires accessing medical records, seeking expert opinions and identifying the policies procedures, violations, and policies that occurred during pregnancy and delivery. A reputable law firm dealing with birth injuries will likely have medical databases and personnel with experience including nurse case managers and doctors.

The legal team will gather evidence to show that the medical professionals did not meet the standards for treatment, which led to birth injuries to your child. The lawyer will also present an extensive damages report for the jury to see how the injuries have impacted you and your family. Damages can be based on economic losses such as the lifetime cost of 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 you and your family. If a settlement is not reached, he or she will prepare for trial and argue your case before a jury of your peers. A successful verdict could grant your family the compensation required to cover medical treatments, therapies and equipment and also for modifications to your home and vehicle. It could also help to cover the cost of your child's care for the rest of their life.

Finding Compensation

The birth of a baby is a stressful and emotional time for parents. If a child is injured during the birth due to mistakes or medical negligence, it can be even more difficult. Parents can sue doctors and hospitals that are responsible for the harm they suffered. The damages can be used to cover future costs for care, treatment and equipment.

An attorney for birth injuries can examine the facts of your case and determine if medical malpractice caused the injuries. The attorney must prove that the actions of the doctor prior to and after the birth breached accepted standards of professional practice to obtain compensation. This is usually done by looking over medical records and seeking professional opinions.

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

You may also be eligible for compensation for non-economic losses like emotional distress. These damages are harder to prove, however an attorney can depend on medical experts to determine the damage and determine a reasonable amount to compensate you for the damage.

The majority of medical malpractice cases are settled out of court, as the trial process can be emotionally draining, and potentially dangerous for the plaintiffs. The jury is prone to become biased against doctors and hospitals in these types of cases, and it is usually more effective to settle the case outside of court.

A birth injury attorneys new york trauma attorney can explain the statute of limitations in your state and help you meet these deadlines. They can also help you locate the top medical professionals in your area to strengthen your case. Many birth trauma attorneys work at national law firms that have offices across the country and are able to handle cases in multiple states.

Time Limits

The time limit for filing a lawsuit is the same as in most lawsuits that involve medical malpractice. If a victim and their family miss the deadline, they forfeit their right to receive compensation for the injury. A birth trauma attorney can assist victims and their families be aware of and adhere to the statute of limitations so that they don't miss out on financial compensation.

The timeframes for the case of a birth injury lawsuit differ from state to state and can be difficult to determine. In general the state of California, victims have two years from the date of their injury to file a malpractice claim. However, this time frame is usually extended for minors if they are incapable of filing an action before the age of 18.

In the event that the injury isn't evident immediately (such as hypoxic-ischemic brain encephalopathy or cerebral palsy), the timeline may be longer. These conditions can take several weeks or even years to develop. This is why it is crucial to speak with an experienced lawyer to handle birth injury cases immediately.

Some states require that notice be given within a specified period of time to the defendant health providers, which may also affect the statute. In addition when the health care provider is a public company or is employed by an agency of government an alternative statute of limitations could be in place.

Medical malpractice lawsuits are filed with the county court in the area in which the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors hospitals, and other medical personnel. Once the lawsuit is filed and a case number is assigned, it will be assigned a case number as well as a trial schedule.

Some birth injury cases are settled before trial. Others require an appeals court. A skilled birth trauma attorney can help clients build a strong case and gather the evidence needed to prove medical negligence and secure fair compensation for the victim. While no amount of money can compensate a victim for their injuries, the money received through a successful lawsuit can reduce some of the financial burdens associated with the care and treatment of an injured child or mother.