A Birth Trauma Attorney Can Help You File a Claim
A mistake made during childbirth can result in long-term effects for your family. An attorney for birth trauma can file an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can be used to help to cover the cost of your child's life-long treatment and therapies as well as medicines. This could also help ease the financial burden of caring for a child who has suffered injuries.
Birth Injury Prevention
Medical specialists who treat mothers during pregnancy and childbirth may make mistakes that lead to birth injuries. Some of these injuries are unavoidable, but some 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 can lead to permanent disabilities. These disorders affect children's motor skills and can be caused by a variety of causes like infections, uterine injury or a poorly controlled labor and birth.
Premature birth can also cause serious birth injuries, such as hematomas or fractures. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take the appropriate steps to avoid any complications that could arise from preterm labor.
A medical error during birth can also cause cerebral palsy and brain damage in newborns. These injuries are usually due to a physician's inability to detect the signs of an emergency or a deficiency of a cesarean birth when it is accompanied by fetal distress or complications in the vagina.
Other birth injuries can be attributed to the use of birth-assisting tools like forceps or vacuum extractors. These tools are safe when employed correctly. However, if queens birth injury attorney misuses them, they could cause serious facial or scalp injury.
Another type of preventable birth injury involves the tear of a baby's brachial plexus which are nerves that control hand and arm movement. These injuries occur when excessive stretching or pulling damage the nerves during labor and birth. The disabilities that result can vary from temporary paralysis to total disability.
Families dealing with these and other disabilities are faced with substantial costs that last all their lives, which includes regular therapy and medication and adaptive equipment such as walkers or wheelchairs, as well as special accommodations. Legal claims cannot change the outcome of an injury, but it can help families get the resources they need and encourage health care professionals to improve safety measures during childbirth.
A California birth trauma lawyer can assist families to file an action for medical malpractice to recover compensation for the damages they have suffered. These claims can help families pay for the cost of long-term medical care for a child and other damages.
Medical Malpractice
If a medical error causes a birth injury the parents of the baby may feel like their entire life was stolen from them. They are often faced with an increasing medical bill emotional trauma, the added stress of caring for their child. These families can benefit financially from 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 any other healthcare provider breached their obligation of care. In the case of birth injury, this means a physician or a nurse committed a negligent action prior to, or during, or following birth that caused injury to the mother or child.
A skilled birth trauma attorney will analyze the facts of your case to determine if there was a breach of duty of care. He or she will identify the parties accountable and their insurance policies. This requires accessing medical records, obtaining expert opinions and identifying policies, procedures, and violations that occurred during pregnancy and delivery. A reputable birth injury law firm will likely have resources like medical databases as well as experienced staff members such as nurse case managers as well as medical experts.
The legal team will collect evidence to prove that the medical professionals did not meet the standards for treatment, which led to birth injuries to your child. The lawyer will also make a detailed presentation of damages to your jury to ensure they comprehend how the injuries affected your family and you. Damages include economic losses like the cost for life of care and noneconomic 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, the lawyer will prepare your case for trial and present the case to a jury of peers. A successful verdict could grant your family the money they need to cover your child's medical treatments therapies, equipment and other modifications to their home and vehicle. It can also assist with the ongoing costs of care that result from your child's disability.
Obtaining Compensation
The birth of a baby can be a stressful and stressful experience for parents. It can be even more stressful and exhausting when a child gets injured due to mistakes or medical negligence during the delivery process. Fortunately, parents can sue the hospitals and doctors at fault for the harm they suffer. The damages can be used to cover the future expenses of medical treatment and equipment.
A birth injury lawyer will examine your case to determine if the injuries were the result of medical malpractice. The attorney must prove that the actions of the doctor before and after the birth violated the accepted standards of professional practice to be able to claim compensation. Typically, this is accomplished by looking over the medical records and getting expert opinions.
Many birth injuries can cause chronic and life-altering health issues. Depending on how severe your child's injury is it could require continuous medical treatment, therapy, medications and assistive devices. 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 of these costs.
You can also receive compensation for non-economic losses such as emotional distress. These damages are difficult to prove, however an attorney can rely on medical experts to assess the damage and award an appropriate amount to compensate you for the damage.
Most medical malpractice claims are settled out of court because trials can be stressful, emotionally draining, and potentially dangerous for the plaintiffs. In these instances the jury may be biased towards hospitals and doctors. It is therefore more efficient to settle outside of court.
A birth trauma lawyer can help you understand the statute of limitations applicable to your state and make sure that you comply with these deadlines. He or she can also help you find the best medical specialists in your area to strengthen your case. Many birth trauma lawyers work at national law firms with offices across the nation and can handle cases in multiple states.
Time Limits
The time limit for filing a lawsuit is the same for most lawsuits that involve medical malpractice. If the family of the victim miss the deadline they lose their right to a fair compensation. A birth trauma attorney can assist families and victims understand and comply with the statute of limitations so that they don't lose out on financial compensation.
The timeframes for a birth injury case vary from state to state and can be a challenge to determine. In general, victims have up to two years from the date of the injury to file a malpractice claim. Minors who are unable make a claim before the age of 18 can be granted a longer time.
In cases where the injuries aren't immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeframe can be extended. This is because these ailments may take weeks or years to appear. It is important to contact a lawyer with experience in the earliest time possible for a birth injury claim.
Certain states require that a notice be given within a specified period of time to the defendant health providers, which may also affect the statute. A different statute of limitations could also apply if the health provider is an entity that is a public body or an employee of a government agency.
Medical malpractice lawsuits may be filed in the county court in which the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors, hospitals, and other medical personnel. When the lawsuit is filed and a case number is assigned, it will be assigned a case number and a trial schedule.
While settlements are often reached before reaching trial, some birth injury cases go all the way to an appeal to a jury. An experienced birth trauma lawyer can help clients create solid arguments and gather the evidence needed to establish medical negligence and get an appropriate amount of compensation for the victim. A victim's injury cannot be compensated by money, but the money which are earned through a successful lawsuit can help alleviate the financial burdens of a mother and child who is injured.