A Birth Trauma Attorney Can Help You File a Claim
A mistake made during childbirth can have lasting effects on your family. An attorney for birth trauma can make an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can be used to pay for the treatments that, therapies and medications your child will need throughout his or her lifetime. This can also reduce the financial burden of caring for a child who has been injured.
Prevention of Birth Injuries
Medical professionals who treat mothers during pregnancy and childbirth can make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, others could have easily been prevented in the event that the doctor or hospital had taken proper care when treating the mother.
Cerebral Palsy and Erb's psy are two of the most common birth injuries that are preventable and can cause permanent disabilities. These conditions impact a child's motor abilities and can be caused by a variety of causes like infections, uterine trauma or a poorly controlled labor and birth.
Premature birth can result in serious birth injuries like hematomas or fractures. These injuries can be prevented if doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid any complications that could arise from labor that is preterm.
A medical mistake during birth can also result in cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor failing to recognize the signs of an emergency or not performing a cesarean when there is distress in the fetus or vaginal problems are present.
Other birth injuries are due to the use of birth-assisting tools like forceps or vacuum extractors. These tools are safe when used in a safe manner. However should a doctor make a mistake using them, they could cause serious facial or scalp injury.
Another kind of birth injury that is preventable is the tearing of the brachial plexus. These are nerves that regulate the hand and arm movements of the newborn. These injuries can be caused by excessive stretching or pulling during labor. The results can range from temporary paralysis to total disability.
Families dealing with disabilities like these face substantial costs that last a lifetime, including ongoing therapy and medications and equipment for adaptive use, such as walkers or wheelchairs, and special accommodations. A legal claim will not alter the severity of an injury, but it can help families access the help they require and also encourage health care workers to improve their safety practices during the birthing process.
An experienced California birth trauma lawyer can help families in submitting a medical malpractice claim to seek compensation for their losses. These claims can compensate families for the costs of a child's long-term treatment and other damages.
Medical Malpractice
The parents of a baby who suffers birth injuries as a result of a medical error might feel as if their future has been stolen. They are often faced with increasing medical bills, emotional trauma, and the added stress of caretaking. Families with financial strains can benefit financially from the outcome of a successful medical malpractice lawsuit, allowing them to focus on their child's health and recovery.
A medical malpractice case is one where the hospital, doctor or other healthcare provider is accused of breaching their obligation to care. In the context of birth injuries this means that a doctor or nurse made a negligent act before or during birth that caused injury to the baby or mother.
An experienced birth trauma attorney will review the facts of your case to determine whether there was a breach of the duty of care. The attorney will determine the parties accountable and their insurance policies. This involves accessing medical records, getting expert opinions and identifying the policies procedures, policies, and violations that occurred during pregnancy and delivery. A reputable law firm for birth injuries is likely to have databases of medical information, and staff with experience including nurses and case managers as well as doctors.
The legal team will gather evidence to prove that the medical providers did not meet the standards for care, resulting in birth injuries to your child. The lawyer will also present an extensive explanation of damages to the jury to ensure they understand how the injuries impacted your family and you. Damages encompass both economic losses, like the cost of life of care and noneconomic losses, such as suffering and pain.
A highly rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for an equitable settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare for trial and present your case in front of an audience of your peers. A successful verdict could bring your family the financial compensation they need to pay for the medical treatment of your child and equipment, therapies and even modifications to their vehicle and home. It can also assist with the ongoing cost of care resulting from your child's disability.
Finding Compensation
Birthing a child can be an emotional and stressful experience for parents. It can be even more difficult and draining if a child is injured as a result of mistakes or medical negligence during the birth process. Fortunately, parents can sue the at-fault hospital and doctors for the damages they suffer. The compensation can be used to cover costs for future care, treatment, and equipment.
A birth injury attorney will review the details of your case and determine if medical malpractice caused the injuries. Your attorney must prove the actions of the doctor before and after the birth, violated the accepted standards of professional practice in order to win compensation. This is usually done by reviewing medical records and obtaining expert opinions.
Many birth injuries can cause long-term health issues that could change your life. Based on the severity of your child's injuries, they might require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will take into account your child's estimated treatment needs over the course of their life and seek out compensation to cover all 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, but your lawyer can rely on the expertise of medical experts when assessing the damage, and award you a reasonable amount of money to compensate for this harm.
Medical malpractice claims are typically settled outside of court due to the fact that a trial is risky, stressful and emotionally draining for plaintiffs and their families. The jury is prone to become biased towards doctors and hospitals in these kinds of cases, and it's generally more efficient to settle outside of court.
A birth trauma lawyer can help you understand the statute of limitations applicable to your state and ensure that you adhere to these deadlines. He or she can advise you on how to find medical professionals in your area who will strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices across the nation. AccidentInjuryLawyers are able to handle cases from a variety of states.
Time Limits
As with most lawsuits involving medical malpractice there are strict deadlines to file a claim, referred to as the statute of limitations. If the family and victim miss the deadline they lose their right to compensation. An attorney for birth trauma can help families of victims to learn about and comply with the statute of limitations to ensure that they don't lose out on financial recovery.
The timelines 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 the injury to file a malpractice suit. However, this is often extended for minors who are incapable of filing a claim before they turn 18.
In cases where the injuries aren't immediately evident, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the timeline can be extended. This is because these conditions may take weeks or years to manifest. It is crucial to speak with an experienced lawyer as soon as you can in a birth injury case.
Certain states require that notice be sent within a certain time frame to the defendant health providers, which may also affect the statute. A different statute of limitations may also apply in the event that the health care provider is a public entity or an employee of a government agency.
Medical malpractice lawsuits can be filed in the county court where the negligence occurred. Parents are the plaintiffs and their hospitals, doctors, and other medical personnel are defendants. After the lawsuit is filed, it will be assigned a case number and a trial schedule.
While settlements are usually reached before reaching trial but some birth injuries cases go all the way to the verdict of a jury. A skilled birth trauma lawyer can help clients build strong cases and gather evidence to prove medical negligence and obtain fair compensation for victims. The injury of a victim cannot be compensated by money, but the funds that are received from a successful lawsuit could help alleviate the financial burdens of a mother or child who has been injured.