A Birth Trauma Attorney Can Help You File a Claim
A medical error during childbirth may have long-term effects on your family. A birth trauma lawyer can file a claim and negotiate an insurance settlement for you with the hospital or physician accountable.
These funds can be used to with the costs of treatments that, therapies and medications your child will need throughout their lives. This could also help reduce the financial burden of caring for the child who has suffered injuries.
Preventable Birth Injuries
Medical doctors who treat women during pregnancy and childbirth could make mistakes that lead to birth injuries. Some of these injuries are inevitable, but others could have been avoided in the event that the hospital or doctor had exercised proper care in treating the mother or child.
Cerebral palsy and Erb's palsy are two of the most frequently birth injuries that could cause permanent disabilities. These conditions affect the motor skills of a child. They can be caused by a variety of causes, including infections, uterine injuries or mismanaged labor and delivery.
Premature birth may also cause 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 complications that can arise from labor that is preterm.
A medical mistake during the birth process may cause oxygen deprivation in babies, leading to cerebral palsy and brain damage. These injuries are typically caused by a doctor's inability to recognize the signs of an emergency or not performing a cesarean if the baby is in distress or vaginal complications are present.
Other birth injuries may be caused by the use of tools to aid in birth, such as vacuum extractors or forceps. These tools are usually safe if used correctly, but when a physician abuses them, it could result in serious head or facial injuries.
Another form of birth injury that can be prevented is the tearing of a baby's brachial plexus which are nerves that regulate hand and arm movements. These injuries are caused by excessive stretching or pulling during labor. The resultant disabilities vary from temporary weakness to complete paralysis.
Families with these and other disabilities are faced with significant costs that can last all their lives, which includes ongoing therapy and medications and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. A legal claim won't change the outcome of an injury, but it can help families access the help they require and help health professionals to enhance their safety practices during the birthing process.
A seasoned California birth trauma lawyer can help families in filing a medical negligence claim to obtain compensation for their losses. These claims can help families pay for the cost of long-term medical care for their child, as well as other damages.
Medical Malpractice
If a medical error causes a birth injury, the parents of the newborn may feel like their entire life was stolen from them. They may be faced with increasing medical bills as well as emotional trauma and the added stress of caretaking. A successful medical malpractice suit can provide financial relief to families in need, 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 has violated their obligation of care. In the context of birth injuries, this means that a doctor or nurse committed an act of negligence prior to, during, or after delivery that resulted in an injury to the mother or baby.
An experienced attorney for birth trauma will review the facts of your case to determine if there was a breach of the duty of care. The attorney will determine the accountable parties and their policies. This will require accessing the medical records, getting expert opinions, and identifying policies, procedures, and violations that occurred during pregnancy and delivery. A trusted birth injury law firm will likely have resources such as medical databases and experienced staff members including nurse case managers and medical experts.
The legal team will collect evidence to prove that the medical professionals did not meet the accepted standards for care, resulting in birth injuries to your child. The lawyer will also make a thorough explanation of damages to your jury so that they can comprehend how the injuries affected your family and you. Damages can be based on economic losses such as lifetime costs of health care, and noneconomic losses like pain and suffering.
A top-rated birth injury lawyer will negotiate with insurers on your behalf and will fight for a fair settlement for 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 funds needed to pay for medical treatments and equipment and even modifications to your vehicle and home. It could also help pay for the costs of your child's medical care for the rest of their life.
Obtaining Compensation
The birth of a child is a stressful and emotional time for parents. It can be even more difficult and exhausting when a child is injured by errors or negligence in the delivery process. Fortunately parents can file a lawsuit against the at-fault hospital and doctors for the harm they endure. The damages could help pay for the cost of future care, treatment, and equipment.
A birth injury lawyer can examine your case to determine whether the injuries were the result of medical negligence. The attorney must prove that the doctor's actions before and after the birth breached the accepted standards of professional practice to obtain compensation. This can usually be done by reviewing medical records and getting expert opinions.
Many birth injuries can result in chronic health issues that can alter your life. Based on the severity of your child's injuries, they could require therapy and medication, assistive devices, and ongoing medical treatment. A successful claim will take into account the estimated needs of your child's medical treatment over their life and seek compensation to cover all these costs.
You may also receive compensation for non-economic losses like emotional distress. These damages are more difficult to prove, however your lawyer can rely on the expertise of medical experts in assessing the damage and then award you a reasonable amount of money to cover the harm.
Medical malpractice claims are typically settled out of court because a trial is risky, stressful and emotionally taxing for plaintiffs and their families. In perinatal injury lawyer , the jury can become biased against hospitals and doctors. Therefore, it is more efficient to settle the case outside of the courtroom.
An attorney for birth trauma can explain the statute of limitations in your state and assist you meet the deadlines. He or she can also guide you on how to locate the top medical professionals in your area to 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
Like most lawsuits involving medical negligence, there are strict deadlines to file a claim, referred to as the statute of limitations. If the family members of a victim do not file their claim by the deadline and fail to file a claim, they forfeit their right to receive compensation for the injuries. A birth trauma lawyer can help families and victims understand and comply with the statute of limitations, so that they don't lose out on financial recovery.
The timelines for a birth-related injury case differ by state and can be a challenge to determine. In general victims have two years from the date of their injury to file a malpractice claim. However, this can be extended for minors who are incapable of filing a claim before they turn 18.
In cases where the damage isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions may take several weeks or even several years to manifest. It is crucial to speak with a lawyer with experience as soon as you can in a birth injury claim.
Some states also require a notice of the lawsuit to be sent to the health care providers who are defendants within a certain time frame and can affect the time limit. Additionally when the health care provider is a government company or is employed by a government agency the statute of limitations may apply.
Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. Plaintiffs are parents, and defendants are their doctors, hospitals and other medical staff. After the lawsuit is filed and accepted, it will be assigned a case number as well as a trial schedule.
While settlements are often reached before reaching trial however, some birth injury cases can lead to a jury verdict. A skilled lawyer for birth trauma can assist clients to build 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 that are derived from a successful lawsuit could aid in easing the financial burdens of a mother or child who was injured.