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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 with insurance for you against the doctor or hospital responsible.

These funds can with the costs of treatments that, therapies and medications your child will require throughout his or her life. This could also help alleviate the financial burden of caring for a child who has been injured.

Preventable Birth Injuries

The medical professionals who treat a woman during pregnancy and childbirth may 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 can result in permanent disabilities. These conditions impact a child's motor skills and can be caused by a variety of factors, including infections, uterine trauma or a poorly-managed labor and birth.

Premature birth may also cause serious birth injuries, like fractures or hematomas. These injuries can be avoided if doctors observe the cervix throughout pregnancy and take the appropriate steps to prevent complications from preterm labor.

A medical error during birth can also cause cerebral palsy and brain damage in newborns. These injuries are typically caused by a doctor failing to recognize signs of an emergency or not performing a cesarean when there is distress in the fetus or complications in vagina.

Other birth injuries could result from the use of tools to aid in the birth process, such as forceps or vacuum extractors. These tools are typically safe when used properly, but when a physician uses them improperly, it could cause serious facial or scalp injuries.

Another form of preventable birth injury involves the tear of a baby's brachial nerve, which are nerves that regulate hand and arm movements. These injuries can be caused by excessive stretching or pulling during labor. The resulting impairments vary from temporary weakness to complete paralysis.

Families with disabilities such as these face significant expenses throughout their lives. This includes continuing therapy medication, adaptive equipment such as walkers or wheelchairs, special accommodations, and more. A legal claim cannot reverse an injury, but it can help families get the resources they need and motivate health care workers to improve their safety practices during the birthing process.

A skilled California birth trauma lawyer can assist families in filing a medical malpractice claim to seek compensation for their losses. These claims can compensate families for the cost of long-term medical care for a child as well as other damages.

Medical Malpractice

If a medical error results in birth injuries, the parents of the child may feel their entire future was stolen from them. They often face mounting medical bills as well as emotional trauma and the added stress of caring for their child. Families in these situations can benefit financially from the outcome of a successful medical malpractice lawsuit and can focus on their child’s health and recovery.

A medical malpractice case is one in which a hospital, doctor or other healthcare provider is accused of not fulfilling their duty of care. In the context of birth injuries, this means a physician or nurse committed a negligent action prior to, or during, or following the birth, resulting in injuries to the mother or child.

A skilled birth trauma attorney will review the facts of your case to determine whether there was a breach of duty of care. The attorney will determine the parties accountable and their insurance policies. This will require accessing the medical records, obtaining expert opinions and identifying the policies procedures, policies, and violations that occurred during pregnancy and delivery. A reputable law firm for birth injuries will likely have databases for medical issues, and staff with experience including doctors and nurse case managers.

The legal team will collect evidence to prove the medical professionals failed to meet the accepted standard of care when they caused the birth injuries of your child. The lawyer will also present an extensive explanation of damages to the jury so that they can understand how the injuries impacted your family and you. Damages include both economic losses, like the cost for life of care as well as non-economic losses, like pain and suffering.

A top-rated chicago birth injury attorneys injury lawyer will negotiate with insurers on your behalf and fight to recover a fair settlement for your family. If a settlement is not reached, the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict can bring your family the compensation they require to pay for the medical treatment of your child and equipment, therapies and other modifications to their home and vehicle. It can also help with the ongoing costs of care that result from your child's disability.

Compensation

Birthing a child can be an emotional and overwhelming experience for parents. If a child gets injured during birth due to mistakes or medical negligence it could be more difficult. Parents can sue doctors and hospitals that are responsible for the damages they have suffered. The damages can be used to pay for the future expenses of medical treatment and equipment.

A westfield birth injury attorneys injury lawyer will review your case to determine if the injuries were caused by medical malpractice. Your attorney must prove the actions of the doctor prior to and after the birth breached accepted standards of professional practice to obtain compensation. This is usually done by reviewing medical records and getting professional opinions.

Many longview birth injury attorneys injuries can result in chronic health issues that can change your life. Depending on how severe your child's injury is, it may 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 throughout their life and seek compensation to cover all these expenses.

You may also be eligible for compensation for non-economic losses, such as emotional distress. These damages are difficult to prove, however an attorney can count on medical experts to evaluate the damage and award an amount that is reasonable to pay for the harm.

Medical malpractice cases are usually settled outside of court due to the fact that a trial is stressful, risky and emotionally taxing for the plaintiffs and their families. In these situations 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 explain the statute of limitations in your state and assist you meet the deadlines. They can also guide you on how to locate the best medical experts in your region to strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices all over the country. They are able to manage cases from several states.

Time Limits

As with all lawsuits involving medical malpractice there are strict deadlines for filing a claim, also known as the statute of limitations. If the victim and their family fail to file their claim within the timeframe and fail to file a claim, they forfeit their right to claim compensation for the injuries. A birth trauma lawyer can help families of victims to learn about and comply with the statute of limitations, so that they don't lose out on financial recovery.

The timelines for a birth injury lawsuit vary by state and may be difficult to determine. In general the state of California, victims have two years from the date of their injury to file a malpractice lawsuit. However, this can be extended for minors who are unable to file an action before the age of 18.

In cases where the injuries aren't immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions such as cerebral palsy, the timeframe may be longer. This is due to the fact that these conditions may take weeks or years to show up. It is important to contact a lawyer with experience in the earliest time possible in a birth injury claim.

Some states also require notice of the lawsuit to be delivered to the defendant health care providers within a certain time frame that can also impact the statute of limitations. In addition, if the health care provider is a public entity or is employed by an agency of the government the statute of limitations could apply.

Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. Plaintiffs are the parents, and 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 usually reached prior to trial however, some birth injury cases are able to go to an appeal to a jury. An experienced birth trauma lawyer can help clients create an effective case and gather evidence necessary to prove medical negligence and obtain fair compensation for the victim. The injury of a victim cannot be compensated with money, but the funds that are received from a successful lawsuit may aid in easing the financial burdens of a mother or child who has been injured.