A Birth Trauma Attorney Can Help You File a Claim
A mistake made during childbirth may have long-term effects on your family. An attorney for birth trauma can file a claim against the hospital and doctor responsible, negotiating an insurance settlement on your behalf.
These funds can help pay for the treatments that, therapies and medications your child will require throughout his or her lifetime. This could also help alleviate the financial burden of caring for the child who has suffered injuries.
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 unavoidable however, others could have been avoided by a hospital or physician who had exercised proper care in treating the mother or child.
Cerebral palsy and Erb's palsy are two of the most frequently birth injuries that are preventable and can lead to lifelong disabilities. These conditions affect the motor skills of a child and may be attributed to a number of different causes, including infections, uterine injuries or mismanaged labor and birth.
Premature birth can result in serious birth injuries like hematomas or fractures. These injuries can be avoided when doctors observe the cervix throughout pregnancy and take the necessary steps to prevent complications from preterm labor.
A medical error at birth can cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor failing to spot signs of an emergency, or not performing a cesarean when the baby is in distress or vaginal problems are present.
Other birth injuries are due to the use of birth-assisting tools such as forceps or vacuum extractors. These tools are typically safe when used correctly but if a doctor misuses them, it can result in serious scalp or facial injuries.
Another kind of preventable birth injury involves the tearing of the brachial plexus in a newborn's birth which are nerves that regulate arm and hand movement. These injuries are caused by excessive stretching or pulling during labor. The resulting disabilities can vary from temporary paralysis to total disability.
Families who suffer from these disabilities and others face significant expenses throughout their lifetime. This includes regular therapy and medications and adaptive equipment, such as wheelchairs or walkers, special accommodations, and more. Legal claims cannot change the outcome of an injury, but it can assist families in obtaining the resources they need and also motivate health professionals to improve safety practices during the birthing process.
A California birth trauma lawyer can help families file an medical malpractice lawsuit to recover compensation for the damages they have suffered. These claims can reimburse a family for the cost of a child's long-term care and other damages.
Medical Malpractice
Parents of a newborn who suffers birth injuries due to a medical error might feel as if their future is ruined. Parents are often faced with mounting medical bills 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 in need, so they can concentrate on their child's health and recovery.
A medical malpractice claim is one that asserts that a doctor, hospital or other healthcare provider breached their obligation of care. In the context of birth injuries it means that a doctor or nurse committed an error prior to or during the birth, resulting in an injury to the mother or baby.
An experienced birth trauma attorney will examine the facts of your case to determine whether there was a breach of duty of care. The attorney will determine the accountable parties and their policies. This requires access to medical records, seeking expert opinions, and identifying policies and procedures that were not followed during the pregnancy and birth. A reputable law firm for birth injuries will likely have databases of medical information, and staff with experience including nurse case managers and doctors.
The legal team will gather evidence to prove that the medical providers did not meet the standards for medical care, resulting in birth injuries to your child. The lawyer will also provide a detailed damages presentation for your jury to understand how the injuries affected you and your family. Damages can be based on economic losses such as lifetime costs of medical care, as well as noneconomic losses like pain and suffering.
A highly rated birth injury lawyer will negotiate with insurers on your behalf and fight for an equitable settlement for your family. If no settlement is reached, the lawyer will prepare your case for trial and present the case to a jury of peers. A successful verdict can bring your family the money they need to pay for the medical treatment of your child therapies, equipment and even modifications to their vehicle and home. It can also help cover the expenses of caring for your child throughout their life.
Compensation
The birth of a child is an emotional and overwhelming moment for parents. If a child gets injured during delivery due to medical negligence or error this can be more difficult. Fortunately parents can sue the at-fault hospital and doctors for the damage they endure. Accident Injury Lawyers can be used to cover future costs of care, treatment, and equipment.
A birth injury attorney can review the facts of your case and determine if malpractice in the medical field caused the injuries. To win the compensation you deserve, your lawyer must show that the doctor's actions prior to, during and following the birth of your child violated 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 long-term and life-altering health problems. Based on the extent of your child's injuries they may require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will consider your child's estimated life-long treatment needs and seek compensation sufficient to pay for all of these costs.
In addition to the expense of medical bills, you can also recover compensation for non-economic losses such as emotional distress. These damages are difficult to prove, but an attorney can rely on medical experts to evaluate the damage and award an appropriate amount to pay for the harm.
Medical malpractice cases are typically resolved outside of court because the trial process is risky, stressful and emotionally taxing for the plaintiffs and their families. In these cases the jury may be biased against hospitals and doctors. It is therefore more efficient to settle outside of the courtroom.
A lawyer for birth trauma can help you understand the statute of limitations for your state and ensure you meet these deadlines. He or she can also advise you on how to find medical specialists in your region who can help strengthen your case. Many birth trauma attorneys work for national law firms that have offices across the country and are able to handle cases across several states.
Time Limits
The statute of limitations is the same as with most lawsuits that involve medical malpractice. If the family members of a victim do not file their claim by the deadline and fail to file a claim, they forfeit their right to recover any compensation for the injuries. A birth trauma lawyer can help victims, their families and the court understand and comply with statutes of limitations to ensure that they do not lose financial compensation.
The timelines for a birth injury claim differ from state to state and can be difficult to determine. Generally speaking, victims have two years to file a malpractice suit within two years of the date of the injury. However, this is often extended for minors who 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 such as cerebral palsy, the timeline may be longer. These conditions may take several weeks or even several years to develop. This is why it is crucial to speak with an experienced lawyer for birth injury cases as soon as possible.
Certain states require that a notice be delivered within a specific period of time to the health care providers in question, which may also affect the statute. A different statute of limitations may also apply if the health provider is an official of the public sector or an employee of an agency of the government.
Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned a number and a date for trial after it is filed.
Some birth injury cases are settled prior to trial. Others go to a jury. A skilled attorney for birth trauma can help clients build strong cases and gather evidence to prove medical negligence and secure fair compensation for victims. While no amount can compensate a victim for their injury, the funds gained through a successful lawsuit may help alleviate some of the financial burdens that come with the treatment and care of a child who has been injured or mother.