A mistake made during childbirth can result in long-term consequences for your family. A birth trauma lawyer can file a claim and negotiate a settlement with insurance for you with the hospital or physician responsible.
These funds can provide the treatment, therapies and medications your child will require throughout his or her lifetime. This can also ease the financial burden of caring for a child who has been injured.
Preventable Birth Injuries
Medical specialists who treat a woman during pregnancy and childbirth can make mistakes that can lead to birth injuries. Some of these injuries are inevitable, but some 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 psy are two of the most frequently preventable birth injuries that can lead to lifelong disabilities. These disorders affect the motor abilities of a child and can be caused by a variety of causes, including infections, uterine trauma, or mismanaged labor and birth.
Premature birth may also cause serious birth injuries, including fractures or hematomas. These injuries can be prevented when doctors monitor the cervix throughout pregnancy and take the appropriate steps to avoid complications resulting from preterm labor.
A medical error during birth can cause cerebral palsy and brain damage in a newborn. These injuries are often due to a doctor's failure to recognize the signs of an emergency situation or a lack of a cesarean birth when it is accompanied by fetal distress, or other complications in the vagina.
Other birth injuries could be caused by the use of tools to assist during birth, like vacuum extractors and forceps. These tools are safe if employed correctly. However, if a doctor misuses them, they could cause serious facial or scalp injuries.
Another kind of birth injury attorneys that can be avoided is the tearing of the brachial plexus. These are nerves that control the hand and arm movements of the newborn. These injuries occur when excessive stretching or pulling damages the nerves during labor and birth. The resulting disabilities can range from temporary paralysis to total disability.
Families with these and other disabilities are faced with substantial costs throughout their lifetime. These include regular therapy medication, adaptive equipment such as walkers or wheelchairs, special accommodations, and much more. A legal claim cannot be able to reverse an injury, however it can help families get the resources they need and also motivate health professionals to improve safety practices during childbirth.
A skilled California birth trauma lawyer can assist families in filing a medical negligence claim to seek compensation for their losses. These claims could compensate families for the cost of long-term medical care for their child, as well as other damages.
Medical Malpractice
When a medical error results in a birth injury attorney lawyer, the parents of the newborn may feel like their entire life was stolen from them. Parents are often faced with mounting medical bills as well as emotional trauma and the stress that comes with caring for their child. These families can be financially relieved by the outcome of a successful medical malpractice lawsuit and can focus on their child's health and recovery.
A medical malpractice claim is one that asserts that a doctor, hospital, or another healthcare provider violated their obligation of care. In the context of birth injuries, this means a physician or a nurse committed a negligent act prior to, or during, or following birth that caused injury to the mother or child.
An experienced lawyer for birth trauma will analyze your case to determine whether there was a breach in the duty of care. The attorney will determine the responsible parties and their insurance policies. This requires accessing medical records, seeking expert opinions and identifying the policies procedures, violations, and policies that occurred during pregnancy and birth. A trusted birth injury law firm will also likely have resources like medical databases and experienced staff members including medical experts.
The legal team will collect evidence to show that the medical providers did not meet the accepted standard for care, resulting in birth injuries to your child. The lawyer will also present a thorough explanation of damages to the jury to help them be aware of how the injuries impacted your family and yourself. Damages could include economic costs like the cost of lifetime medical care, as well as non-economic losses like pain and suffering.
A top-rated birth injury lawyer will negotiate with the insurers on your behalf and will fight for a fair settlement for you and your family. If a settlement cannot be 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 funds needed to pay for medical treatment, therapies and equipment, as well as modifications to your home and vehicle. It could also help pay for the expenses of caring for your child throughout their life.
Obtaining Compensation
The birth of a child can be an emotional and stressful experience for parents. It can become more difficult and draining if a child is injured due to errors or negligence in the birth process. Parents can sue doctors and hospitals who are at fault for the harm they suffered. The damages can help cover the cost of future care, treatment and equipment.
A birth injury lawyer can examine the details of your case and determine if malpractice in the medical field caused the injuries. Your attorney must prove the actions of the doctor prior to and after the birth, violated the accepted standards of professional practice in order to win compensation. Typically, this is done by reviewing the medical records and getting expert opinions.
A variety of birth injuries can lead to long-term health issues that could change your life. Depending on how severe your child's injury is, it could require continuous medical treatment, therapy, medication and assistive devices. A successful claim will take into account the treatment needs of your child over the course of their life and seek compensation to cover all the costs.
In addition to the expense of medical bills, you may also seek compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, however your injurys attorney near me will be able to count on the expertise of medical experts when assessing the damage, and award you a fair amount of money to compensate for the damage.
Most medical malpractice claims are settled out of court, because trials can be emotionally draining, and potentially dangerous for the plaintiffs. The jury is prone to be biased against hospitals and doctors in these kinds of cases, and it's often more efficient to settle out of court.
A birth trauma lawyer can explain the statute of limitations in your state and assist you meet the deadlines. He or she can advise you on how to locate medical specialists in your area who will strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the nation. They are able to handle cases from multiple states.
Time Limits
As with most lawsuits involving medical malpractice, there are strict deadlines to file a claim, referred to as the statute of limitations. If the victim and family fail to meet the deadline, they lose their right to compensation. An attorney for birth trauma can assist victims and their families learn about and comply with the statute of limitations so that they don't forfeit on financial recovery.
The timeframes for a birth injury case vary by state and may be complicated to determine. In general, victims have up to two years from the date of their injury to file a malpractice lawsuit. Minors who cannot make a claim before the age of 18 may be granted an extension of this time.
In cases where the injuries aren't immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeframe may be longer. This is due to the fact that these conditions can take weeks or even years to show up. It is important to contact a lawyer with experience in the earliest time possible in a birth injury case.
Some states require that a notice be given within a specified time frame to the health care providers in question that could also impact the statute. A different statute of limitations could also apply in the event that the health care provider is an entity that is a public body or an employee of an agency of the government.
Medical malpractice lawsuits can be filed at the county court where the negligent act occurred. Plaintiffs are the parents, whereas defendants are their doctors, hospitals, and other medical personnel. When the lawsuit is filed and accepted, it will be assigned a case number and a trial schedule.
While settlements are often reached before reaching trial, some birth injury cases can lead to a jury verdict. A skilled attorney for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical negligence and get fair compensation for victims. While no amount can compensate a victim for their injuries, the money received through a successful lawsuit can help alleviate some of the financial burdens that come with the care and treatment of a child injured or mother.
