A Birth Trauma Attorney Can Help You File a Claim
A medical mistake during childbirth could have long-term implications for your family. A birth trauma attorney can bring an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf.
These funds can be used to help to cover the cost of your child's lifetime of treatments or therapies as well as medications. It can also ease the financial burden that typically comes with caring for a wounded child.
Preventable 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, but some could have been avoided if the physician or hospital had exercised proper care in treating the mother or child.
Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These conditions affect the motor skills of a child. They can be attributed to a number of different causes, including infections, uterine injuries, or mismanaged labor and delivery.
Premature birth can cause serious birth injuries, such as fractures or hematomas. These injuries are preventable when doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid complications that may arise from labor that is preterm.
A medical error in the birth process could cause oxygen deprivation in babies, leading to brain damage and cerebral palsy. These injuries are usually due to a doctor's failure to recognize the symptoms of an emergency or a deficiency of a cesarean birth when it is indicated by fetal distress or problems in the vagina.
Other birth injuries may result from the use of tools to assist during birth, like vacuum extractors or forceps. These tools are safe when used in a safe manner. However, if a doctor misuses them it can cause serious scalp or facial injury.
Another type of birth injury that is preventable is the tear of the brachial plexus. These are nerves that control the hand and arm movements of newborns. These injuries can be caused by excessive stretching or pulling during labor. The results can range from temporary paralysis to total disability.
Families who suffer from these and other disabilities face substantial costs that last a lifetime, including regular therapy and medication and adaptive equipment such as walkers or wheelchairs, and special accommodations. A legal claim won't change the outcome of an injury, but it can help families get the help they require, and encourage health care workers to improve their safety practices during the birthing process.
A seasoned California birth trauma lawyer can help families in filing a medical negligence claim to recover compensation for their losses. These claims could compensate families for the cost of a child's ongoing treatment and 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 are often faced with increasing medical bills, emotional trauma, and the added stress of caring for their child. These families can benefit financially from a successful medical malpractice case and can focus on their child’s health and recovery.
A medical malpractice claim is one in which the hospital, doctor or another healthcare provider violated their obligation of care. In the case of birth injuries, this means that a physician or nurse committed a negligent act before, during, or after birth that caused injury lawsuits to the mother or baby.
An experienced lawyer for birth trauma will examine your case to determine if there was a breach in the duty of care. He or she will identify the parties responsible and their insurance policies. This will require accessing the 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 for birth injuries is likely to have databases of medical information and a team of experts including doctors and nurse case managers.
The legal team will collect evidence to prove that the medical professionals failed to meet the accepted standard of care when they caused your child's birth injuries. The lawyer will also present an extensive damages report for the jury to see how the injuries have affected you and your family. Damages encompass economic losses such as the lifetime costs of care and noneconomic losses, such as pain and suffering.
A top-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, the Lawyer injury near me will prepare for trial and argue your case in front of an audience of your peers. A successful verdict could grant your family the money required to cover medical treatment and equipment, as well as modifications to your vehicle and home. It can also help cover the expenses of caring for your child for the rest of their life.
Obtaining Compensation
The birth of a baby can be an emotional and stressful experience for parents. It can be made even more stressful and exhausting if a child is injured as a result of medical negligence or error during the birth process. Fortunately, parents can file a lawsuit against at-fault doctors and hospitals for the harm they suffer. The damages can help cover the cost of future care, treatment, and equipment.
A birth injury lawyer near me injury can review your case to determine whether the injuries resulted from medical negligence. To be able to claim the compensation you deserve, your lawyer must show that the doctor's actions before, during and after the birth of your child was in violation of the standards of professional care. Usually, this can be done by examining the medical records and obtaining expert opinions.
Many birth injuries can result in permanent and life-altering health issues. Depending on the extent of your child's injuries they may require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will consider the estimated life-long treatment needs and be able to obtain a fair amount of compensation for all of these expenses.
In addition to the expense of medical bills, you can also claim compensation for other damages, such as emotional distress. These damages are harder to prove, but an attorney can depend on medical experts to determine the damages and award a reasonable amount to compensate you for the harm.
Medical malpractice cases are usually resolved outside of court because the trial process is stressful, risky and emotionally taxing for plaintiffs and their families. In these situations, the jury can be biased towards hospitals and doctors. It is therefore more efficient to settle the case outside of court.
A birth trauma lawyer can help you understand the statute of limitations in your state and make sure that you meet these deadlines. He or she can also help you find the best injury lawyer near me medical specialists in your region to strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices across the nation. They are able to handle cases from a variety of states.
Time Limits
As with all lawsuits involving medical malpractice, there are strict time limits for filing a claim known 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 claim compensation for the injuries. A birth trauma lawyer can assist families of victims to understand and comply with the statute of limitations, so that they don't lose out on financial compensation.
The timelines for a birth injury law firm lawsuit vary from state to state and can be a challenge to determine. In general the state of California, victims have two years from the date of their injury to file a malpractice claim. However, this can be extended for minors who are not able to file an action before turning 18.
In cases where the damage isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. These conditions can take several weeks or even years to be apparent. It is essential to contact a lawyer with experience as soon as you can in a birth injury case.
Some states also require a written notice of the lawsuit to be provided to the health care providers who are defendants within a set period of time that can also impact the statute of limitations. A different statute of limitation could also apply when the health provider is an entity that is a public body or an employee of a government agency.
Medical malpractice lawsuits may be filed at the county court in which the negligence occurred. The parents are the plaintiffs and their doctors, hospitals, and any other medical staff are the defendants. The lawsuit will be assigned a number and a date for trial after it is filed.
Some birth injury cases are settled before trial. Others require the jury. A skilled birth trauma attorney can assist clients in constructing a strong case and gather the evidence needed to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money can compensate a victim for their injuries, the funds received through a successful lawsuit may ease some of the financial burdens that come with the treatment and care of an injured child or mother.