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A Birth Trauma Attorney Can Help You File a Claim
A mistake made during childbirth could have long-term consequences for your family. A birth trauma attorney can file a claim against the hospital and doctor responsible, and negotiate an insurance settlement on your behalf.
These funds can be used to help pay for your child's lifelong treatments, therapies, and medications. It can also ease the financial burden that typically comes with caring for an injured child.
Preventable Birth Injuries
Medical specialists who treat pregnant women and children can make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, some 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 palsy can cause lifelong disabilities. These conditions affect the motor skills of a child and can be caused by a variety of causes, such as infections, uterine injuries, or a mishandled labor and delivery.
Premature birth can cause serious birth injuries like fractures or hematomas. These injuries can be prevented by having a doctor monitor the cervix throughout pregnancy and take all the necessary steps to prevent complications from preterm labor.
A medical mistake during the birth process may cause oxygen deprivation in a newborn, leading to brain damage and cerebral palsy. These injuries are usually due to a physician's inability to recognize the signs of an emergency or the absence of a cesarean section if it is accompanied by fetal distress or complications in the vagina.
Other birth injuries could be caused by the use of tools that aid during birth, like vacuum extractors or forceps. These tools are safe when employed correctly. However should a doctor make a mistake using these tools, they can cause serious facial or scalp injury attorney lawyer.
Another form of preventable birth injury involves the tear of the brachial plexus in a newborn's birth which are nerves that regulate arm and hand movement. These injuries occur when excessive pulling or stretching damages the nerves during labor and birth. The resulting disabilities can vary from temporary paralysis to total disability.
Families who suffer from these disabilities and others face significant expenses throughout their lifetime. They are able to pay for regular therapy, medications and adaptive equipment, such as walkers or wheelchairs, special accommodations, and much more. Legal claims cannot change the outcome of an injury claim lawyer, but it can help families obtain the resources they need and motivate health care workers to improve safety measures during the birthing process.
A California birth trauma lawyer can assist families in filing an action for medical malpractice to claim compensation for the harm they have suffered. These claims can reimburse families for the cost of a child's long-term treatment as well as other damages.
Medical Malpractice
When a medical error causes birth injuries the parents of the newborn might feel that their future was stolen from them. Parents are often confronted by mounting medical costs, emotional trauma and the added stress of caring for their child. Families in these situations can be financially relieved by the outcome of a successful medical malpractice lawsuit, allowing them to focus on their child's health and recovery.
A medical malpractice claim is one in which the hospital, doctor, or other healthcare provider breached their obligation of care. In the case of birth injuries, this means a physician or a nurse committed a mistake prior to, or during, or following birth that caused injury claim lawyer to the mother or child.
An experienced lawyer for birth trauma will review your case to determine whether there was a breach in the duty of care. The attorney will determine the those responsible and their policies. This involves accessing medical records, seeking expert opinions, and identifying policies, procedures, and violations that occurred during pregnancy and birth. A trusted birth injury law firm will also likely have resources such as medical databases and knowledgeable staff members including nurse case managers as well as medical experts.
The legal team will gather evidence to show that the medical providers did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will also make an extensive explanation of damages to your jury to ensure they be aware of how the injuries affected your family and you. Damages encompass economic losses such as the lifetime costs of care, as well as non-economic losses, such as suffering and pain.
A highly rated birth injury lawyer will negotiate with the insurers on your behalf and fight to recover a fair settlement for you and your family. If a settlement is not reached, he or she will prepare for trial and present your case before an audience of your peers. A successful verdict could grant your family the money needed to pay for medical treatments as well as equipment and therapies, as well as modifications to your home and vehicle. It can also help cover the cost of your child's care for the rest of their life.
Compensation
The birth of a child is a stressful and emotional time for parents. It can be even more stressful and exhausting when a child is injured as a result of errors or negligence in the delivery process. Parents may sue doctors and hospitals who are responsible for the injuries they've suffered. The damages can help cover the cost of future care, treatment and equipment.
A birth injury lawyer will analyze your case to determine whether the injuries resulted from medical malpractice. The attorney must prove that the doctor's actions during, before and after the birth violated the accepted standards of professional practice to be able to claim compensation. Usually, this is accomplished by looking over the medical records and obtaining expert opinions.
A variety of birth injuries can lead to long-term health issues that could alter your life. Depending on the severity of your child's injuries, they could require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will consider the estimated needs of your child's medical treatment over their life and seek compensation to cover all of the costs.
You may also be eligible for compensation for losses that are not economic, like emotional distress. These damages are more difficult to prove, but your attorney will be able to count on the expertise of medical experts in assessing the damage and award you a fair amount of money to compensate the harm.
Medical malpractice claims are typically settled outside of court due to the fact that a trial is stressful, risky and emotionally draining for plaintiffs and their families. In these cases the jury may become biased against hospitals and doctors. Therefore, it is more efficient to settle the case outside of court.
A birth trauma lawyer can help you understand the statute of limitations for your state and ensure you adhere to these deadlines. They can also advise you on how to find medical specialists in your area who can help strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices across the nation. They can handle cases from a variety of states.
Time Limits
The time limit for filing a lawsuit is the same as with most lawsuits that involve medical malpractice. If the family and victim do not meet the deadline, they forfeit their right to compensation. A birth trauma attorney can help families of victims to be aware of and adhere to the statute of limitations, so that they don't lose out on financial compensation.
The timelines for a birth injury case vary 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 could be granted an extension of this time.
In cases where the injury isn't evident immediately (such as hypoxic-ischemic brain encephalopathy or cerebral palsy), the timeline may be longer. These conditions may take several weeks or even several years to develop. It is crucial to speak with a lawyer with experience as soon as you can in a birth injury claim.
Certain states require that a notice be sent within a certain time frame to the health providers who are defendants and may affect the statute. A different statute of limitation may also apply in the event that the health care provider is an entity that is a public body or an employee of an agency of the government.
Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. The plaintiffs are parents, and defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned an identification number and a time for trial after it is filed.
While settlements are often reached before reaching trial but some birth injuries cases go all the way to a jury verdict. An experienced birth trauma lawyer can help clients build solid arguments and gather evidence necessary to prove medical negligence and secure fair compensation for the victim. While no amount can compensate a victim for their injuries, the money obtained through a successful lawsuit could reduce some of the financial burdens associated with the treatment and care of an injured child or mother.