A Birth Trauma Attorney Can Help You File a Claim
A medical mistake during childbirth can result in long-term consequences for your family. A birth trauma lawyer can file a claim and negotiate a settlement for you against the hospital or physician responsible.
The funds can be used to help pay for your child's life-long treatment or therapies as well as medications. This can also help alleviate the financial burden of caring for the child who has suffered injuries.
Prevention of Birth Injuries
Medical doctors who treat women during pregnancy and childbirth can make mistakes that result in birth injuries. Some of these injuries are inevitable, but others could have been avoided by a hospital or physician who was able to exercise proper care when treating the mother or child.
Cerebral palsy and Erb's Palsy are two of the most common preventable birth injuries that can lead to lifelong disabilities. These conditions affect a child's motor abilities and can be caused by a myriad of causes, including infections, uterine injury, or a poorly managed labor and delivery.
Premature birth can also cause serious birth injuries, including fractures or hematomas. These injuries can be avoided if doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid complications that can arise from preterm labor.
A medical mistake during the birth process may cause oxygen deprivation in the newborn, resulting in cerebral palsy and brain damage. These injuries are usually due to a doctor's failure to detect the symptoms of an emergency or a deficiency of a cesarean section when it is indicated by fetal distress, or other complications in the vagina.
Other birth injuries can result from the use of tools to assist in the birth process, such as vacuum extractors or forceps. These tools are usually safe if used correctly but if a doctor uses them improperly, it could lead to serious scalp or facial injuries.
Another kind of birth injury that can be avoided is the rupture of the brachial nerve. These are nerves that control the arm and hand movements of a newborn. These injuries are caused by excessive pulling or stretching during labor. The results can range from temporary paralysis up to total disability.
Families with these and other disabilities are faced with substantial costs that last throughout their lives, including regular therapy and medication and adaptive equipment such as wheelchairs or walkers, and special accommodations. Legal claims cannot change the outcome of an injury, but it can help families get the help they require and motivate health care workers to improve their safety practices during childbirth.
A California birth trauma lawyer can help families file a medical malpractice lawsuit to claim compensation for the harm they've suffered. These claims can compensate families for the cost of a child's long-term treatment and other damages.
Medical Malpractice
When a medical error results in an injury to the birth the parents of the child may feel their entire future was taken away from them. They often face increasing medical bills as well as emotional trauma and the added burden of caring for their child. A successful medical malpractice suit can provide financial relief to families, allowing them to focus on their child's health and recovery.
A medical malpractice case is one that alleges a doctor, hospital, or other healthcare provider breached 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 birth trauma attorney will analyze the facts of your case to determine if there was a breach of duty of care. He or she will identify responsible parties and their policies. This involves accessing medical records, obtaining expert opinions, and identifying policies procedures, violations, and policies that occurred during pregnancy and delivery. A reputable law firm dealing with birth injuries is likely to have medical databases, and staff with experience including doctors and nurse case managers.
The legal team will collect proof to prove that the medical providers did not meet the standards for treatment, which led to birth injuries to your child. The lawyer will also provide an in-depth damages presentation to your jury to comprehend how the injuries have affected you and your family. Damages encompass both economic losses, like the cost of life of care as well as non-economic loss, like pain and suffering.
A top-rated birth injury lawyer will negotiate with insurers on your behalf and fight for a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict could bring your family the compensation required to cover treatments, therapies and equipment, as well as modifications to your home and vehicle. It can also assist with the ongoing costs of care due to your child's disability.
Obtaining Compensation
The birth of a child is an emotional and overwhelming time for parents. It can be made even more stressful and exhausting when a child is injured as a result of mistakes or medical negligence during the birth process. Fortunately parents are able to file a lawsuit against at-fault doctors and hospitals for the damages they endure. The damages can be used to pay future costs for care, treatment and equipment.
A birth injury lawyer can review the details of your case and determine if malpractice in the medical field caused the injuries. To win compensation, your attorney must prove that the doctor's actions before, during and after the birth of your child were in violation of the accepted standards of professional medical care. Usually, this is accomplished by looking over the medical records and obtaining expert opinions.
AccidentInjuryLawyers can result in permanent and life-altering health issues. Depending on the severity of your child's injuries they could require therapy and medication, assistive devices, and ongoing medical treatment. A successful claim will consider the treatment needs of your child throughout their life and seek compensation to cover all these costs.
In addition to the expense of medical bills, you may also claim compensation for non-economic losses like emotional distress. These damages are harder to prove, however an attorney can rely on medical experts to determine the damages and award a reasonable amount to compensate you for the harm.
Most medical malpractice claims are settled outside of court, because trials can be stressful, emotionally draining and risky for the plaintiffs. In these instances, the jury can be biased towards hospitals and doctors. It is therefore more efficient to settle outside of court.
A birth trauma lawyer can explain the statute of limitations in your state and help you meet these deadlines. He or she can advise you on how to find medical professionals in your area who can help strengthen your case. Many birth trauma lawyers are employed by national law firms with offices across the nation and can handle cases across multiple states.
Time Limits
The statute of limitations is the same as with the majority of lawsuits involving medical malpractice. If a victim and their family fail to file their claim within the timeframe and fail to file a claim, they forfeit their right to receive compensation for the injuries. A birth trauma attorney can assist families and victims understand and comply with the statute of limitations to ensure that they don't forfeit on financial recovery.
The timelines for a birth injury claim vary from state to state and can be difficult to determine. Generally speaking, victims have two years to file a lawsuit for malpractice within two years of the date of the injury. However, this time frame is usually extended for minors in the event that they are not able to file a claim before they turn 18.
In cases where the injury is not immediately apparent (such as hypoxic-ischemic brain encephalopathy or 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 to handle a birth injury case as soon as you can.
Certain states require that a notification be delivered within a specific period of time to the defendant health providers, which may also affect the statute. A different statute of limitations may also apply if the health provider is an official of the public sector or an employee of an agency of the government.
Medical malpractice lawsuits may be filed in the county court in which the negligence occurred. Plaintiffs are the parents, and the defendants are their doctors, hospitals, and other medical personnel. After the lawsuit is filed and accepted, it will be assigned a case number and a trial schedule.
While settlements are often reached before reaching trial but some birth injuries cases are able to go to a jury verdict. A skilled attorney for birth trauma can help clients build strong cases and gather evidence to prove medical negligence and get fair compensation for victims. The injuries of a victim can't be compensated with money, but the money which are earned from a successful lawsuit may aid in easing the financial burdens of a mother or child who was injured.