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A Birth Trauma Attorney Can Help You File a Claim A medical error during childbirth can have lasting effects on your family. A birth trauma attorney can bring an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf. These funds can be used to help pay for your child's lifelong treatments or therapies as well as medications. It also helps ease the financial burden that often comes with caring for a child who has been injured. Preventable Birth Injuries Medical doctors who treat women during pregnancy and childbirth may make mistakes that result in birth injuries. Some of these injuries are inevitable however others could have been avoided in the event that the hospital or doctor was able to exercise proper care when treating the mother or child. Cerebral Palsy and Erb’s palsy can result in permanent disabilities. These conditions affect a child's motor skills and can be caused by a variety of causes like infections, uterine injuries or a poorly controlled labor and birth. Premature birth could cause serious birth injuries such as hematomas or fractures. These injuries can be avoided by having a doctor monitor the cervix throughout pregnancy and take all the necessary steps to avoid complications resulting from preterm labor. A medical error during birth can also cause cerebral palsy and brain damage in newborns. These injuries are usually caused by a doctor's inability to recognize signs of an emergency or not performing a cesarean when fetal distress is present or complications in vagina. Other birth injuries can be attributed to the use of tools for birth such as forceps or vacuum extractors. These tools are typically safe when used properly however, if a doctor misuses them, it can lead to serious facial or scalp injuries. Another kind of birth injury that is preventable is the tearing of the brachial plexus. These are nerves that regulate the hand and arm movements of the newborn. These injuries are caused by excessive pulling or stretching during labor. The resultant disabilities range from temporary weakness to total paralysis. Families who suffer from these and other disabilities face massive costs that last for throughout their lives, including ongoing therapy and medications and adaptive equipment such as walkers or wheelchairs, and special accommodations. A legal claim won't reverse an injury but it can help families access the resources they need, and encourage health care professionals to improve their safety procedures during childbirth. A California birth trauma lawyer can assist families in filing an action for medical malpractice to recover compensation for the losses they've suffered. These claims can compensate families for the costs of long-term care for a child as well as other damages. Medical Malpractice If a medical error results in a birth injury, the parents of the newborn might feel that their future was stolen from them. The parents are often faced by mounting medical costs, emotional trauma and the stress that comes with caring for their child. These families can benefit financially from an outcome in a medical malpractice case and can focus on their child's health and recovery. A medical malpractice case is one in which a doctor, hospital or another healthcare provider is accused of violating their duty of care. In the case of birth injuries it means that a doctor or nurse committed a mistake prior to, or during, or following the birth, resulting in injuries to the mother or child. An experienced birth trauma attorney will examine the facts of your case to determine if there was a breach of the duty of care. https://www.accidentinjurylawyers.claims/compensation/birth-injury-attorneys-near-me/ or she will identify those responsible and their policies. This requires accessing medical records, getting expert opinions, and identifying policies, procedures, and violations that occurred during pregnancy and delivery. A trusted birth injury law firm will also likely have resources such as medical databases and knowledgeable staff members including medical experts. The legal team will collect evidence to prove that the medical professionals did not meet the accepted standards of care that caused your child's birth injuries. The lawyer will also present an in-depth damages presentation to your jury to understand how the injuries have affected you and your family. Damages encompass economic losses such as the lifetime costs of care, as well as non-economic losses, such as pain and suffering. A top-rated birth injury lawyer will negotiate with insurers on your behalf and fight for an equitable settlement for your family. If a settlement is not reached, he or she will prepare for trial and present your case before an audience of your peers. A successful verdict could bring your family the money required to cover medical treatments as well as equipment and therapies and also for modifications to your vehicle and home. It can also help cover the cost of your child's care throughout their life. Compensation The birth of a baby is an emotional and overwhelming time for parents. If a child gets injured during delivery due to mistakes or medical negligence, it can be even more difficult. Fortunately, parents can file a lawsuit against the hospitals and doctors at fault for the damages they suffer. The damages can be used to cover future costs of care, treatment, and equipment. A birth injury lawyer can review your case to determine whether the injuries were the result of medical malpractice. Your lawyer must prove that the doctor's actions prior to and after the birth breached accepted standards of professional practice to be able to claim compensation. This can usually be done by reviewing medical records and getting professional opinions. Many birth injuries can cause chronic health issues that can change your life. Depending on how severe the injury of your child is, it could require regular medical treatment, therapy, medications and assistive devices. A successful claim will take into account your child's estimated treatment needs over their lifetime and seek compensation to cover all of these expenses. You can also receive compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, but your lawyer can rely on the expertise of medical experts in assessing the damage, and award you a reasonable amount of money to compensate for the damage. The majority of medical malpractice cases are settled outside of court because the trial process can be stressful, emotionally draining and risky for the plaintiffs. In these situations, the jury can be biased against hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom. An attorney for birth trauma can explain the statute of limitations in your state and assist you meet the deadlines. He or she can also guide you on how to find the best medical specialists in your area to strengthen your case. Many birth trauma attorneys work for national law firms that have offices across the nation and are able to 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 victim and family miss the deadline they lose their right to compensation. A birth trauma lawyer can help victims and their families as well as the court understand and abide with the statutes of limitation to ensure that they do not lose financial compensation. The timelines in a birth injury claim vary from state to state and can be difficult to determine. In general, victims have up to two years from the date of injury to file a malpractice claim. Minors who cannot start a claim until the age of 18 may be granted a longer time. In cases where the injury is not immediately apparent (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions may take several weeks or even several years to be apparent. It is important to contact a lawyer with experience in the earliest time possible in a birth injury claim.
Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. Parents are the plaintiffs and their hospitals, doctors, and other medical personnel are defendants. After the lawsuit is filed and accepted, it will be assigned a case number and an investigation schedule. Some birth injury cases can be resolved before trial. But, other cases go to the jury. A skilled lawyer for birth trauma can assist clients to build strong cases and gather evidence to prove medical malpractice and get fair compensation for the victims. A victim's injury cannot be compensated with money, but the funds that are derived through a successful lawsuit can help ease the financial burdens of a mother or child who is injured. |
