A Birth Trauma Attorney Can Help You File a Claim
A medical error during birth can have long-term consequences on your family. A birth trauma attorney can file an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf.
These funds can help pay for the treatments that, therapies and medications your child will require throughout their lives. This could also help alleviate the financial burden of caring for the child who has been injured.
Birth Injury Prevention
Medical doctors who treat pregnant women and children can make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, some could have been avoided by a doctor or hospital if they took the proper precautions when treating the mother.
Cerebral palsy and Erb's palsy can lead to permanent disabilities. These conditions impact a child's motor skills and are caused by a myriad of causes, including infections, uterine injury or a poorly-managed labor and delivery.
Premature birth may also cause serious birth injuries, including hematomas or fractures. These injuries can be prevented by having a doctor monitor the cervix throughout pregnancy and take the appropriate steps to avoid complications from preterm labor.
A medical error during the birth process may result in the loss of oxygen to the newborn, resulting in brain damage and cerebral palsy. These injuries are typically caused by a physician's failure to spot signs of an emergency, or not performing a cesarean when there is distress in the fetus or vaginal problems are present.
Other birth injuries can be attributed to the use of birth-assisting tools like forceps or vacuum extractors. These tools are safe when used correctly. However should a doctor make a mistake using them it can cause serious facial or scalp injury.
Another kind of birth injury that can be avoided is the tear of the brachial plexus. These are nerves which control the hand and arm movements of the newborn. These injuries occur when over pulling or stretching damages the nerves during labor and birth. The resulting impairments vary from a temporary weakness to total paralysis.
Families dealing with disabilities like these face significant costs that can last all their lives, which includes regular therapy and medication and adaptive equipment such as walkers or wheelchairs, as well as special accommodations. A legal claim cannot be able to reverse an injury, however it can assist families in obtaining the help they require and encourage health care professionals to improve safety practices during the birthing process.
An experienced California birth trauma lawyer can help families in filing a medical malpractice claim to recover compensation for their losses. These claims could compensate families for the cost of long-term care for their child, as well as other damages.
Medical Malpractice
If a medical error results in a birth injury the parents of the newborn may feel like their entire life was stolen from them. They often face an increasing medical bill as well as emotional trauma and the added burden of caring for their child. A successful medical malpractice lawsuit could provide financial relief for families, allowing them to concentrate on their child's health and recovery.
A medical malpractice case is one where a hospital, doctor or another healthcare provider is accused of breaching their obligation to care. In the context of birth injuries, this means a physician or a nurse committed a negligent action prior to, during, or after delivery which resulted in injuries to the mother or child.
An experienced birth trauma attorney will review the facts of your case to determine if there was a breach of the duty of care. The attorney will determine the responsible parties and their policies. This involves accessing medical records, obtaining expert opinions and identifying the policies procedures, policies, and violations that occurred during pregnancy and birth. A trusted birth injury law firm will also likely have resources such as medical databases and experienced staff members, including nurse case managers as well as medical experts.
The legal team will gather proof to prove that the medical providers did not meet the accepted standards for care, resulting in birth injuries to your child. The lawyer will then present a detailed presentation of the damages to the jury to ensure they understand how the injuries impacted you and your family. Damages include economic losses such as the lifetime costs of care and noneconomic losses, such as suffering and pain.
A highly rated birth injury lawyer will negotiate with insurers on your behalf and will fight for an equitable settlement for your family. If no settlement is reached the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict could bring your family the funds needed to pay for treatments, therapies and equipment and even modifications to your home and vehicle. It can also help with the ongoing costs of care due to your child's disability.
Compensation
The birth of a baby is an emotional and overwhelming moment for parents. If a child gets injured during delivery due to mistakes or medical negligence this can be more difficult. Fortunately parents are able to sue the at-fault hospital and doctors for the harm they suffer. 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. Your lawyer must prove that the doctor's actions before and after the birth violated accepted standards of professional practice in order to win compensation. Usually, this can be done by examining the medical records and getting expert opinions.
Many birth injuries can result in chronic health issues that can alter your life. Depending on how maternal birth injury lawyer of your child is, it may require ongoing medical treatment, therapy, medication and assistive devices. A successful claim will take into account the estimated requirements for treatment throughout their lifetime and seek sufficient compensation to pay for all of these costs.
You may also be eligible for compensation for losses that are not economic, such as emotional distress. These damages are more difficult to prove, but your attorney can rely on the expertise of medical experts in assessing the damage, and award you a fair amount of money to compensate the harm.
Medical malpractice cases are usually resolved outside of court because the trial process is risky, stressful and emotionally taxing for the plaintiffs and their families. The jury can easily be biased against doctors and hospitals in these types of cases, which is why it is usually more effective to settle the case outside of court.
A birth trauma lawyer can explain the statute of limitations in your state and help you meet these deadlines. They can also advise you on how to locate the top medical professionals in your area to strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the country and can handle cases across multiple states.
Time Limits
The statute of limitations is the same as with the majority of lawsuits involving medical malpractice. If a victim and their family fail to file their claim within the timeframe then they lose their right to recover any compensation for the injuries. A birth trauma lawyer can assist victims and their families as well as the court understand and abide with statutes of limitations to avoid losing any financial recovery.
The timelines for a birth injury claim vary from state to state, and can be difficult to determine. Generally, victims have two years to file a lawsuit for malpractice within two years of the date of the injury. Minors who cannot make a claim before the age of 18 may have this time extended.
In cases where the injuries aren't immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions such as cerebral palsy, the timeframe can be extended. These conditions may take several weeks or even years to develop. It is essential to contact an experienced lawyer in the earliest time possible for a birth injury claim.
Certain states require that a notification be given within a specified period of time to the health care providers in question that could also impact the statute. A different statute of limitations may also be applicable if the health provider is an official of the public sector or an employee of an agency of the government.
Medical malpractice lawsuits may be filed in the county court where the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors hospitals and other medical staff. Once the lawsuit is filed and a case number is assigned, it will be assigned a case number as well as a trial schedule.
While settlements are usually reached before reaching trial but some birth injuries cases go all the way to the verdict of a jury. An experienced birth trauma lawyer can help clients create solid arguments and gather evidence necessary to prove medical negligence and secure an appropriate amount of compensation for the victim. Although no amount can compensate a victim of their injuries, the funds gained through a successful lawsuit may ease some of the financial burdens that come with the treatment and care of a child injured or mother.