A Birth Trauma Attorney Can Help You File a Claim
A mistake made during birth can have long-term consequences on your family. A birth trauma lawyer can submit a claim and negotiate a settlement for you against the doctor or hospital responsible.
The funds can be used to provide your child with a life-long treatment and therapies as well as medicines. It can also alleviate the financial burden that often comes with caring for a child who has been injured.
Prevention of Birth Injuries
Medical specialists who treat mothers during pregnancy and childbirth could make mistakes that result in birth injuries. Some of these injuries are inevitable however, others could have been avoided if the physician or hospital had taken the proper precautions when treating the mother or child.
Cerebral palsy and Erb's palsy are two of the most frequently birth injuries that are preventable and can cause permanent disabilities. These disorders affect children's motor skills and are caused by a variety of causes, including infections, uterine injuries or a poorly controlled labor and birth.
Premature birth could cause serious birth injuries such as hemorrhagic fractures or fractures. These injuries can be prevented if doctors monitor the cervix during pregnancy and take the appropriate steps to avoid complications that can arise from labor that is preterm.
A medical mistake during 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 detect the signs of an emergency situation or a lack of a cesarean section if it is accompanied by fetal distress, or other complications in the vagina.
Other birth injuries are related to the use of tools for birth such as forceps and vacuum extractors. These tools are generally safe when used properly, but when a physician uses them improperly, it could result in serious scalp or facial injuries.
Another kind of birth injury that can be avoided is the tearing of the brachial plexus. These are nerves which control the hand and arm movements of the newborn. These injuries are caused by excessive pulling or stretching during labor. The results can vary from temporary paralysis to total disability.
Families with these and other disabilities face substantial costs that last a lifetime, including regular therapy and medication and adaptive equipment such as wheelchairs or walkers, and special accommodations. A legal claim won't change the outcome of an injury, but it can help families access the resources they need, and encourage health care professionals to improve their safety practices during childbirth.
A California birth trauma attorney can assist families to file an medical malpractice lawsuit to recover compensation for the damages they have suffered. These claims could compensate families for the costs of long-term care for a child and other damages.
Medical Malpractice
If a medical error causes an injury to the birth the parents of the newborn may feel their entire future was stolen from them. Parents are often confronted with mounting medical bills, emotional trauma and the stress that comes with caring for their child. A successful medical malpractice suit 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 alleges a doctor, hospital or other healthcare provider breached their obligation of care. In the context of birth injuries, this means that a doctor or nurse made a negligent act before or during birth that caused injury to the mother or baby.
An experienced attorney for birth trauma will examine your case to determine whether there was a breach of the duty of care. He or she will identify the responsible parties and their insurance policies. This will require accessing the medical records, getting expert opinions and identifying the policies procedures, policies, and violations that occurred during pregnancy and birth. A reliable birth injury law firm will likely have resources like medical databases and experienced staff members including medical experts.
The legal team will collect evidence to prove the medical professionals did not meet the accepted standards of care in causing the birth injuries of your child. The lawyer will also present an extensive damages report for your jury to understand how the injuries have affected you and your family. Damages can include economic losses like the cost of lifetime medical care, as well as non-economic losses like pain and suffering.
A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with the insurers and fight to get a fair settlement for you and your family. If a settlement is not reached the lawyer will prepare your case for trial and present the case to a jury of peers. A successful verdict could bring your family the money required to cover medical treatments, therapies and equipment, as well as modifications to your vehicle and home. It can also assist with the ongoing costs of care due to your child's disability.
Finding Compensation
The birth of a baby can be an emotional and overwhelming experience for parents. It can become more difficult and draining if a child is injured as a result of medical negligence or error during the birth process. Parents can sue doctors and hospitals who are responsible for the injuries they've suffered. The damages can be used to cover future costs of care, treatment and equipment.
A birth injury lawyer can review your case to determine if the injuries were the result of medical malpractice. To be able to claim the compensation you deserve, your lawyer must prove that the doctor's actions prior to, during and after the birth of your child were in violation of the standards of professional medical care. This can usually be done by reviewing medical records and getting professional opinions.
A variety of birth injuries can lead to chronic health issues that can change your life. Based on the severity of your child's injuries they could require therapy or medication, as well as assistive devices and ongoing medical treatment. A successful claim will take into account your child's estimated life-long treatment needs and be able to obtain a fair amount of compensation for all these costs.
You may also receive compensation for losses that are not economic, like emotional distress. These damages are harder to prove, but an attorney can depend on medical experts to evaluate the damages and award an amount that is reasonable to compensate you for the harm.
Most medical malpractice claims are settled out of court, because a trial can be stressful, emotionally draining, and potentially dangerous for the plaintiffs. In these instances the jury could be biased against hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom.
A birth trauma lawyer can help you understand the statute of limitations for your state and make sure that you adhere to these deadlines. He or she can also advise you on how to locate medical specialists in your region who will strengthen your case. Many birth trauma attorneys 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 malpractice there are strict deadlines to file a claim, referred to as the statute of limitations. If texas birth injury attorneys and family fail to meet the deadline, they lose their right to compensation. A birth trauma lawyer can assist victims and their families as well as the court understand and abide with the statute of limitations to ensure that they do not lose financial compensation.
The timeframes for a birth injury claim differ from state to state, and can be difficult to determine. In general the state of California, victims have two years from the date of the injury to file a malpractice lawsuit. However, this time frame is usually extended for minors if they are not able to file an action before turning 18.
For cases in which the injuries aren't immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the timeline may be extended. This is because these ailments may take weeks or years to manifest. This is why it is crucial to speak with an experienced lawyer to handle a birth injury case as soon as you can.
Some states require that notice be sent within a certain period of time to the health providers who are defendants that could also impact the statute. A different statute of limitations could also apply if the health provider is a public entity or an employee of a government agency.
Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned an id number and a date for the trial after it is filed.
While settlements are often reached before reaching trial, some birth injury cases go all the way to an appeal to a jury. A skilled attorney for birth trauma can help clients build solid arguments and gather the evidence needed to establish medical negligence and get an appropriate amount of compensation for the victim. While no amount will compensate a victim for their injuries, the money gained through a successful lawsuit can ease some of the financial burdens that come with the treatment and care of an injured child or mother.