A Birth Trauma Attorney Can Help You File a Claim
A medical error during childbirth may have long-term effects on your family. An attorney for birth trauma can make a claim against the doctor and hospital accountable, and negotiate an insurance settlement on your behalf.
These funds can help provide the treatment, therapies and medications your child will need throughout his or her lifetime. It can also ease the financial burden that typically is associated with caring for a child who has been injured.
Prevention of Birth Injuries
Medical doctors who treat mothers during pregnancy and childbirth could make mistakes that can lead to birth injuries. Some of these injuries are unavoidable however 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 frequently preventable birth injuries that can lead to lifelong disabilities. These conditions affect a child’s motor abilities and can be caused by a variety of causes such as infections, uterine injuries, or a poorly managed labor and birth.
Premature birth could cause serious birth injuries, such as hematomas or fractures. These injuries can be avoided if doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid any complications that could result from preterm labor.
A medical error during birth can also result in cerebral palsy and brain damage in newborns. These injuries are usually due to a doctor’s failure to detect the signs of an emergency or a lack of a cesarean section when it is indicated by fetal distress or complications in the vagina.
Other birth injuries can result from the use of instruments that aid in the birth process, such as vacuum extractors or forceps. These tools are generally safe if used correctly, but when a physician abuses them, it could lead to serious scalp or facial injuries.
Another type of birth injury that can be prevented is the tearing of the brachial plexus in a newborn’s birth which are nerves that control hand and arm movement. These injuries can be caused by excessive stretching or pulling during labor. The disabilities that result can range from temporary paralysis up to total disability.
Families dealing with disabilities like these face significant costs that can last a lifetime, including ongoing therapy and medications and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. A legal action will not change the outcome of an injury, but it can assist families in getting the resources they need and help health care professionals to enhance their 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 can help families pay for the cost of long-term medical care for a child and other damages.
Medical Malpractice
If a medical error results in an injury to the birth, the parents of the newborn may feel like their entire life was stolen 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 bring financial relief to these families so they can concentrate on their child’s health and recovery.
A medical malpractice case is one in which a hospital, doctor or other healthcare provider is accused of breaching their duty of care. In the case of birth injuries this implies that a doctor or nurse made an error prior to, during, or after delivery that resulted in an injury to the mother or baby.
An experienced birth trauma attorney will analyze the facts of your case to determine whether there was a breach of the duty of care. The attorney will determine the those responsible and their policies. This will require accessing medical records, seeking expert opinions, and identifying policies and procedures that were not adhered to during the pregnancy and delivery. A reputable law firm for birth injuries will likely have databases for medical issues, and staff with experience including doctors and nurse case managers.
The legal team will collect evidence to prove that the medical providers did not meet the standards for medical care, resulting in birth injuries to your child. The lawyer will also present an in-depth damages presentation to the jury to see how the injuries affected you and your family. Damages encompass both economic losses, like the cost of life of care and noneconomic loss, like suffering and pain.
A highly rated birth injury lawyer (lovewiki.faith) will negotiate with the insurers on your behalf and fight to recover a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare for trial and present your case before an audience of your peers. A successful verdict could bring your family the financial compensation they require to pay for the medical treatment of your child and equipment, therapies and other modifications to their home and vehicle. It could also help pay for the expenses of caring for your child for the rest of their life.
Obtaining Compensation
The birth of a child can be a difficult and overwhelming experience for parents. It can be even more difficult and draining if a child is injured due to errors or negligence in the birth process. Parents can sue doctors as well as hospitals who are responsible for the damages they have suffered. The compensation can be used to cover expenses for future medical treatment and equipment.
A birth injury lawyer can review the circumstances of your case and determine if malpractice in the medical field caused the injuries. Your lawyer must prove that the doctor’s actions before and after the birth violated the accepted standards of professional practice in order to win compensation. Usually, this can be done by reviewing the medical records and seeking expert opinions.
Many birth injuries can lead to long-term and life-altering health problems. Based on the extent of your child’s injuries they might require therapy and medication, assistive devices, and ongoing medical treatment. A successful claim will consider your child’s estimated life-long treatment needs and be able to obtain a fair amount of compensation for all of these expenses.
In addition to the cost of medical bills, you can also claim compensation for non-economic losses like emotional distress. These damages are more difficult to prove, however your attorney will be able to count on the expertise of medical experts in assessing the damage, and award you a reasonable amount of money to cover this harm.
The majority of medical malpractice cases are settled outside of court, because a trial can be stressful, emotionally draining, and potentially dangerous for the plaintiffs. In these cases, the jury can be biased towards hospitals and doctors. Therefore, it is more effective to settle outside of the courtroom.
A birth trauma lawyer can explain the statute of limitations in your state and help you meet these deadlines. They can also advise you on how to locate the best injury lawyers medical experts in your area to strengthen your case. Many birth trauma lawyers work at national law firms with offices across the nation and are able to handle cases in multiple states.
Time Limits
As with most lawsuits involving medical negligence, there are strict time limits to file a claim, referred to as the statute of limitations. If the victim and family miss the deadline they lose their right to a fair compensation. A birth trauma lawyer can help victims, their families and the court to understand and comply with the statutes of limitation to ensure that they do not lose financial compensation.
The timelines for a birth injury attorney near me claim vary from state to state and can be difficult to determine. Generally, victims have two years to file a malpractice suit starting from the date of injury. Minors who are unable file a claim by the age of 18 could have this time extended.
In cases where the injuries aren’t immediately evident, like hypoxic-ischemic encephalopathy (HIE) or conditions such as cerebral palsy, the timeline can be longer. This is due to the fact that these conditions can take weeks or even years to appear. It is essential to contact a lawyer with experience immediately in a birth injury claim.
Certain states also require a written notice of the lawsuit to be provided to the health care providers who are defendants within a set time frame, which can also affect the statute of limitations. Furthermore in the event that the health care provider is a government entity or employed by an agency of the government the statute of limitations could apply.
Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. The plaintiffs are parents, and the defendants are their doctors, hospitals and other medical staff. The lawsuit will be assigned a number and a date for the trial after it is filed.
Although settlements are typically reached before reaching trial, some birth injury cases go all the way to a jury verdict. A skilled attorney for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical malpractice and secure fair compensation for victims. The injuries of a victim can’t be compensated through money, but the money which are earned from a successful lawsuit may help alleviate the financial burdens of a mother and child who has been injured.
