A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can have long-term implications for your family. A birth trauma lawyer can submit a claim and negotiate a settlement for you with the hospital or physician responsible.

These funds can be used to help pay for your child's lifelong treatments or therapies as well as medications. It can also alleviate the financial burden that often is associated with caring for an injured child.

Birth Injury Prevention

Medical professionals who treat a woman during pregnancy and childbirth may make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, others could have been avoided if the hospital or physician had taken proper care when treating the mother.

Cerebral Palsy and Erb's Palsy can lead to permanent disabilities. These conditions affect a child's motor abilities and can be caused by a myriad of causes such as infections, uterine injuries or a poorly controlled labor and birth.

Premature birth can also result in serious birth injuries, like hematomas or fractures. These injuries are preventable when doctors monitor the cervix throughout pregnancy and take the proper steps to avoid any complications that could arise from preterm labor.

A medical error during the birth process could result in oxygen deprivation for the newborn, resulting in brain damage and cerebral palsy. These injuries are usually due to a physician's inability to detect the signs of an emergency or the absence of a cesarean section when it is accompanied by fetal distress or complications in the vagina.

Other birth injuries are related to the use of tools for birth such as forceps or vacuum extractors. These tools are safe if employed correctly. However should a doctor make a mistake using them it can cause serious scalp or facial injuries.

Another form of preventable birth injury involves the tearing of a baby's brachial plexus which are nerves that regulate hand and arm movement. These injuries can be caused by excessive pulling or stretching during labor. The disabilities that result can vary from temporary paralysis to total disability.

Families dealing with disabilities like these face significant costs that can last all their lives, which includes regular therapy and medication, adaptive equipment like wheelchairs or walkers, and special accommodations. A legal claim won't alter the severity of an injury, but it can help families access the resources they need and help health care professionals to improve their safety practices during the birthing process.

A California birth trauma attorney can assist families in filing an action for medical malpractice to seek compensation for the harm they've suffered. These claims can help families pay for the cost of long-term medical care for a child as well as other damages.

Medical Malpractice

When a medical error results in birth injuries, the parents of the newborn may feel their entire future was taken away from them. The parents are often faced by mounting medical costs as well as emotional trauma and the added stress of caring for their child. A successful medical malpractice lawsuit can bring financial relief to families, allowing them to concentrate on their child's health and recovery.

A medical malpractice case is one that alleges a doctor, hospital or other healthcare provider breached their duty of care. In the case of birth injuries, this means that a physician or nurse made an error prior to, during, or after the birth, resulting in an injury to the mother or baby.

An experienced attorney with experience in birth trauma will analyze your case to determine whether there was a breach in the duty of care. The attorney will determine the parties responsible and their insurance policies. This requires access to medical records, securing expert opinions, and identifying the policies and procedures that were violated during the 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 that the medical professionals did not meet the accepted standards of care in causing the birth injuries of your child. The lawyer will also provide an extensive damages report for the jury to see how the injuries have impacted you and your family. Damages could include economic costs like the cost of lifetime care, as well as non-economic losses such as pain and suffering.

A top-rated Longview Birth Injury Attorneys injury lawyer will negotiate with insurers on your behalf and fight for 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 of peers. If the verdict is successful, it could provide your family the money needed to pay for medical treatments as well as equipment and therapies and even modifications to your vehicle and home. It could also help to cover the expenses of caring for your child for the rest of their life.

Compensation

The birth of a baby is an emotional and overwhelming moment for parents. It can be even more difficult and draining when a child gets injured by errors or negligence in the birth process. Fortunately parents can file a lawsuit against at-fault doctors and hospitals for the damages they endure. The damages can be used to pay for future costs for care, treatment, and equipment.

An attorney for birth injuries will review the circumstances of your case and determine if medical malpractice caused the injuries. To win compensation, your lawyer must show that the doctor's actions prior to, during and after the birth of your child was in violation of the accepted standards of professional care. This is usually done by reviewing medical records and getting professional opinions.

Many dallas birth injury attorney injuries can cause long-term health issues that could change your life. Depending on how severe the injury of your child is, it may require regular medical treatment, therapy, medication and assistive devices. A successful claim will consider the estimated life-long treatment needs and seek compensation sufficient to pay for all of these costs.

In addition to the cost of medical bills, you can also claim compensation for other damages, like emotional distress. These damages are more difficult to prove, but your attorney will be able to rely on the expertise of medical experts when assessing the damage and award you a fair amount of money to compensate the damage.

The majority of medical malpractice cases are settled out of court, as trials can be stressful, emotionally draining, and potentially dangerous for the plaintiffs. The jury could easily be biased against doctors and hospitals in these kinds of cases, and it is often more efficient to settle outside of court.

A birth trauma attorney can explain the statute of limitations in your state and help you meet these deadlines. He or she can advise you on how to locate medical specialists in your area who can help strengthen your case. Many birth trauma attorneys are employed by national law firms that have offices across the country and are able to handle cases in multiple states.

Time Limits

The statute of limitations is the same as with the majority of lawsuits involving medical malpractice. If the family and victim miss the deadline they lose their right to receive compensation. A birth trauma attorney can assist families and victims be aware of and adhere to the statute of limitations, so that they don't lose out on a financial recovery.

The timeframes for a birth injury claim vary from state to state and can be difficult to determine. In general the state of California, victims have two years from the date of injury to file a malpractice lawsuit. However, this time frame is usually extended for minors if they are not able to file a claim before they turn 18.

For cases in which the injuries aren't immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the timeframe can be extended. These conditions can take a few weeks or even many years to manifest. This is why it is so important to contact an experienced lawyer for birth injury cases immediately.

Certain states require that notice be delivered within a specific time frame to the health providers who are defendants and may affect the statute. A different statute of limitations may also be applicable when the health provider is an entity that is a public body or an employee of a government agency.

Medical malpractice lawsuits are filed with the county court in the region in which the negligence occurred. The plaintiffs are parents, while the defendants are their doctors hospitals and other medical staff. The lawsuit will be assigned an identification number and a time for the trial once it is filed.

While settlements are usually reached before reaching trial but some birth injuries cases go all the way to the verdict of a jury. A skilled birth trauma lawyer can help clients build strong cases and gather evidence to prove medical negligence and obtain fair compensation for victims. The injury of a victim cannot be compensated with money, but the funds which are earned from a successful lawsuit may help alleviate the financial burden of a mother or child who was injured.

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