A Birth Trauma Attorney Can Help You File a Claim
A medical mistake during childbirth can have long-term implications for your family. A birth trauma lawyer can file a claim and negotiate an insurance settlement for you against the hospital or doctor accountable.
The funds can be used to provide your child with a lifetime of treatments or therapies as well as medications. It also helps ease the financial burden that usually accompanies caring for an injured child.
Prevention of Birth Injuries
Medical professionals who treat a woman during pregnancy and childbirth may make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, others could have been prevented by a doctor or hospital if they had taken proper care when treating the mother.
Cerebral palsy and Erb's palsy can cause lifelong disabilities. These disorders affect the motor abilities of a child and may be caused by a variety of different causes, including infections, uterine injuries, or mismanaged labor and birth.
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 take the appropriate steps to avoid complications that can arise from preterm labor.
A medical error in the birth process could result in the loss of oxygen to a newborn, leading to cerebral palsy and brain damage. These injuries are usually due to a physician's inability to recognize the signs of an emergency situation or the absence of a cesarean birth when it is indicated by fetal distress or problems in the vagina.
Other birth injuries may be caused by the use of instruments that assist during birth, like forceps or vacuum extractors. These tools are generally safe when used properly but if a doctor misuses them, it can lead to serious scalp or facial injuries.
Another kind of preventable birth injury involves the tear of a baby's brachial plexus which are nerves that regulate hand and arm movement. These injuries can be caused by excessive stretching or pulling during labor. The resulting disabilities can range from temporary paralysis to total disability.
Families who suffer from these and other disabilities face substantial costs that last a lifetime, including ongoing therapy and medications and adaptive equipment such as walkers or wheelchairs, as well as special accommodations. A legal claim will not alter the severity of an injury, but it can help families get the assistance they require and also encourage health care workers to enhance their safety practices during childbirth.
A California birth trauma lawyer can help families file an medical malpractice lawsuit to claim compensation for the damages they have suffered. birth injury attorney near me can compensate families for the cost of long-term care for a child and other damages.
Medical Malpractice
Parents of a newborn who suffers birth injuries due to an error in medical care might feel as if their future is in jeopardy. Parents are often faced by mounting medical costs, emotional trauma and the added stress that comes with caring for their child. A successful medical malpractice lawsuit can bring financial relief to families in need, so they can focus on their child's health and recovery.
A medical malpractice claim is one that asserts that a hospital, doctor or other healthcare provider has violated their obligation of care. In the context of birth injuries it implies that a doctor or nurse committed a negligent act before or during the birth, resulting in an injury to the baby or mother.
A skilled birth trauma attorney will examine the facts of your case to determine if there was a breach of duty of care. He or she will identify the parties responsible and their insurance policies. This requires accessing medical records, seeking expert opinions and identifying the policies procedures, violations, and policies that were committed during pregnancy and during delivery. A reputable law firm dealing with birth injuries is likely to have medical databases and personnel with experience including nurse case managers and doctors.
The legal team will collect evidence to prove that the medical providers did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also prepare an in-depth damages presentation to your jury to comprehend how the injuries have affected you and your family. Damages include both economic losses, such as the lifetime costs of care and noneconomic loss, like pain and suffering.
A highly rated birth injury lawyer will negotiate with 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 your case for trial and present it to a jury comprised of peers. A successful verdict could bring your family the money needed to pay for medical treatment and equipment and also for modifications to your vehicle and home. It can also help with the costs of care due to your child's disability.
Finding Compensation
The birth of a child is an emotional and overwhelming moment for parents. It can be even more difficult and draining when a child gets injured due to errors or negligence in the birth process. Fortunately, parents can file a lawsuit against at-fault doctors and hospitals for the damages they suffer. The damages can help cover the cost of future care, treatment, and equipment.
A birth injury lawyer can examine your case to determine whether the injuries resulted from medical malpractice. In order to win compensation, your lawyer must prove that the doctor's actions prior to, during and following the birth of your child was in violation of the standards of professional care. This can usually be done by reviewing medical records and obtaining expert opinions.
Many birth injuries can lead to long-term and life-altering health problems. Depending on how severe your child's injury is, it could require ongoing medical treatment, therapy, medications and assistive devices. A successful claim will consider your child's estimated treatment needs throughout their lifetime and seek compensation to cover all of these expenses.
In addition to the cost of medical bills, you may also claim compensation for non-economic losses such as emotional distress. These damages are difficult to prove, however an attorney can rely on medical experts to determine the damage and determine a reasonable amount to compensate you for the harm.
The majority of medical malpractice cases are settled outside of court, as the trial process can be emotionally draining and dangerous for the plaintiffs. In these cases the jury may be biased towards hospitals and doctors. It is therefore more efficient to settle outside of court.
A birth trauma attorney can explain the statute of limitations in your state and assist you meet these deadlines. He or she can also advise you on how to locate medical professionals in your area who will strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the country. They can handle cases from a variety of states.
Time Limits
The statute of limitations is the same as in the majority of lawsuits involving medical malpractice. If the family members of a victim do not file their claim by the deadline then they lose their right to receive compensation for the injuries. A birth trauma attorney can help families of victims to learn about and comply with the statute of limitations to ensure that they don't forfeit on financial compensation.
The timelines in a birth injury claim differ from state to state and can be difficult to determine. Generally, victims have two years to file a malpractice suit from the date of the injury. Minors who are not able to file a claim by the age of 18 can have this time extended.
In the event that the injury isn't evident immediately (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the time frame could be longer. This is because these ailments can take weeks or years to manifest. This is why it is crucial to speak with an experienced lawyer for a birth injury case 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. A different statute of limitation could also apply if the health provider is an official of the public sector or an employee of a government agency.
Medical malpractice lawsuits are filed with the county court in the area in which the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical professionals are defendants. The lawsuit will be assigned a number and a date for the trial after it is filed.
While settlements are usually reached prior to trial, some birth injury cases go all the way to the verdict of a jury. An experienced birth trauma lawyer 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 can compensate a victim of their injury, the funds received through a successful lawsuit may ease some of the financial burdens associated with the care and treatment of a child injured or mother.