A Birth Trauma Attorney Can Help You File a Claim
A medical error during birth can have long-term consequences on your family. An attorney for birth trauma can bring an action against the hospital and doctor responsible, negotiating an insurance settlement on your behalf.
These funds can pay for the treatments or therapies your child will need throughout his or her life. This can also help reduce the financial burden of caring for children who have suffered injuries.
Preventable Birth Injuries
Medical doctors who treat women during pregnancy and childbirth can make mistakes that lead to birth injuries. Some of these injuries are unavoidable however others could have been prevented by a hospital or physician who was able to exercise proper care when treating the mother or child.
Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These conditions impact a child's motor skills and are caused by a myriad of causes like infections, uterine injury or a poorly controlled labor and delivery.
Premature birth can also result in serious birth injuries, like hematomas or fractures. These injuries can be avoided if doctors keep an eye on the cervix throughout pregnancy and take the appropriate steps to prevent complications from preterm labor.
A medical error at birth can also cause cerebral palsy and brain damage in newborns. These injuries are typically caused by a physician's failure to recognize signs of an emergency, or not performing a cesarean when the baby is in distress or vaginal complications are present.
Other birth injuries are related to the use of birth-assisting tools such as forceps or vacuum extractors. These tools are usually safe when used correctly, but when a physician uses them improperly, it could cause serious head or facial injuries.
Another type of preventable birth injury involves the tear of the brachial plexus in a newborn's birth which are nerves that regulate hand and arm movements. These injuries happen when excessive stretching or pulling damages the nerves during labor and birth. The resulting disabilities range from temporary weakness to total paralysis.
Families with disabilities like these face significant costs that can last all their lives, which includes regular therapy and medication and equipment for adaptive use, such as wheelchairs or walkers, and special accommodations. A legal claim cannot change the outcome of an injury, but it can assist families in obtaining the assistance they require and also motivate health professionals to improve safety measures during the birthing process.
A skilled 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 long-term medical care for a child and other damages.
Medical Malpractice
When a medical error results in birth injuries, the parents of the child may feel their entire future was taken away from them. Parents are often faced by mounting medical costs as well as emotional trauma and the stress that comes with caring for their child. A successful medical malpractice suit can bring financial relief to families, allowing them to concentrate on their child's health and recovery.
A medical malpractice instance is when the hospital, doctor or other healthcare provider is accused of violating their duty of care. In new port richey birth injury attorney of birth injury this means that a doctor or nurse committed a negligent act prior to, during, or after delivery which resulted in injury to the mother or child.
An experienced attorney with experience in birth trauma will review your case to determine if there was a breach in the duty of care. He or she will identify responsible parties and their policies. This requires access to medical records, seeking expert opinions, and identifying policies and procedures that were not adhered to during the pregnancy and delivery. A reputable law firm for birth injuries is likely to have databases for medical issues and personnel with experience including nurses and case managers as well as doctors.
The legal team will collect evidence to prove that the medical professionals did not meet the accepted standard for care, resulting in birth injuries to your child. The lawyer will also prepare an extensive damages report for the jury to see how the injuries have affected you and your family. Damages include economic losses like the cost of life of care as well as non-economic losses, like pain and suffering.
A top-rated lawyer for birth injuries will negotiate on your behalf with insurers and fight to get a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict could grant your family the funds needed to pay for treatments as well as equipment and therapies and even modifications to your vehicle and home. It could also help with the lifelong cost of care resulting from your child's disability.
Finding Compensation
Birthing a child can be a stressful and stressful experience for parents. If a child gets injured during delivery due to mistakes or medical negligence it could be more difficult. Fortunately parents are able to bring a lawsuit against the at-fault hospital and doctors for the damages they endure. The money can be used to pay future costs for care, treatment and equipment.
A birth injury lawyer will review the details of your case and determine if malpractice in the medical field caused the injuries. To be able to claim the compensation you deserve, your lawyer must show that the doctor's actions prior to, during and following the birth of your child were in violation of the accepted standards of professional care. Typically, this is done by examining the medical records and getting expert opinions.
Many birth injuries can result in chronic health issues that can change your life. Based on the severity of your child's injuries, they may require therapy or medication, as well as assistive devices and ongoing medical treatments. A successful claim will take into account the estimated life-long treatment needs and seek compensation sufficient to pay for all of these expenses.
You can also receive compensation for losses that are not economic, like emotional distress. These damages are difficult to prove, but an attorney can depend on medical experts to evaluate the damage and award an appropriate amount to compensate you for the damage.
Medical malpractice claims are typically resolved outside of court because trials can be stressful, risky and emotionally taxing for the plaintiffs and their families. The jury can easily become biased towards doctors and hospitals in these cases, which is why it is often more efficient to settle out of court.
A birth trauma lawyer can assist you in understanding the statute of limitations in your state and ensure that you comply with these deadlines. They can also advise you on how to locate medical specialists in your region that can assist you in proving your case. Many birth trauma attorneys are employed by national law firms with offices across the nation and are able to handle cases across multiple states.
Time Limits
As with all lawsuits involving medical negligence, there are strict deadlines for filing a claim, also known as the statute of limitations. If the victim and family fail to meet the deadline, they lose their right to compensation. A birth trauma attorney can assist victims and their families be aware of and adhere to the statute of limitations so that they don't miss out on financial compensation.
The timeframes for a birth injury claim vary from state to state, and can be difficult to determine. In general victims have two years from the date of injury to file a malpractice lawsuit. However, this is often extended for minors in the event that they are incapable of filing a claim before they turn 18.
In the event that the injury is not immediately apparent (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. This is due to the fact that these conditions can take weeks or even years to appear. It is important to contact an experienced lawyer as soon as you can in a birth injury case.
Some states also require notice of the lawsuit to be provided to the health care providers who are defendants within a specified period of time and can affect the time limit. A different statute of limitation could also apply in the event that the health care provider is a public entity or an employee of an agency of the government.
Medical malpractice lawsuits can be filed at the county court where the negligence occurred. The plaintiffs are 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 once it is filed.
Some birth injury cases can be resolved before trial. But, other cases go to an appeals court. A skilled attorney for birth trauma can help clients build strong cases and gather evidence to prove medical negligence and secure fair compensation for the victims. A victim's injury cannot be compensated through money, however the funds that are received through a successful lawsuit can help alleviate the financial burdens of a mother or child who is injured.