A Birth Trauma Attorney Can Help You File a Claim

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

These funds can help with the costs of treatments that, therapies and medications your child will need throughout their lives. It also helps ease the financial burden that typically accompanies caring for a child who has been injured.

Preventable Birth Injuries

The medical professionals who treat a woman during pregnancy or childbirth could make mistakes that can lead to birth injuries. Some of these injuries are unavoidable however, some could have been avoided if the physician or hospital had exercised proper care in treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most frequently preventable birth injuries that can cause permanent disabilities. These disorders affect the motor abilities of a child and may be attributed to a number of causes, including infections, uterine injuries, or mismanaged labor and birth.

Premature birth may also cause serious birth injuries, including fractures or hematomas. These injuries are preventable when doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid complications that can arise from labor that is preterm.

A medical error during the texas birth injury attorneys process may result in oxygen deprivation for the newborn, resulting in cerebral palsy and brain damage. These injuries are usually caused by a doctor's inability to recognize the signs of an emergency situation or a lack of a cesarean birth when it is accompanied by fetal distress or complications in the vagina.

Other birth injuries can be attributed to the use of birth injury medical malpractice attorney-assisting tools like forceps or vacuum extractors. These tools are generally safe if used correctly, but when a physician uses them improperly, it could cause serious facial or scalp injuries.

Another kind of birth injury that can be avoided is the tearing of the brachial plexus. These are nerves which control the hand and arm movements of a newborn. These injuries occur when over stretching or pulling damage the nerves during labor and delivery. The resulting disabilities can range from temporary paralysis up to total disability.

Families who suffer from disabilities like these face substantial costs that last all their lives, which includes ongoing therapy and medications and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. A legal claim will not change the outcome of an injury, but it can help families get the assistance they require and also encourage health professionals to enhance their safety practices during childbirth.

An experienced California birth trauma lawyer can help families in filing a medical malpractice claim to recover compensation for their losses. These claims can compensate families for the costs of a child's long-term treatment as well as other damages.

Medical Malpractice

When a medical error causes a birth injury the parents of the child may feel like their entire life was taken away from them. The parents are often faced with mounting medical bills as well as emotional trauma and the added stress that comes with caring for their child. Families with financial strains can benefit financially from the outcome of a successful medical malpractice lawsuit and can focus on their child's health and recovery.

A medical malpractice case is one in which the hospital, doctor or other healthcare provider is accused of breaching their duty of care. In the case of birth injury, this means a physician or a nurse committed a mistake prior to, during, or after delivery which resulted in injuries to the mother or child.

An experienced attorney with experience in birth trauma will examine your case to determine whether there was a breach in the duty of care. The attorney will determine the parties accountable and their insurance policies. This will require accessing medical records, securing expert opinions, and identifying policies and procedures that were violated during the birth and pregnancy. A reliable birth injury law firm will likely have resources like medical databases and knowledgeable staff members such as nurse case managers and medical experts.

The legal team will collect evidence to show that the medical professionals did not meet the accepted standard of care that caused your child's birth injuries. The lawyer will also present a thorough explanation of damages to the jury to ensure they understand how the injuries impacted your family and yourself. Damages could include economic costs like the cost of lifetime care, as well as non-economic losses like pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with the 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 medical treatment, therapies and equipment and even modifications to your home and vehicle. It can also help cover the costs of your child's medical care for the rest of their life.

Obtaining Compensation

The birth of a baby can be an emotional and overwhelming experience for parents. If a child is injured during birth due to medical negligence or error this can be more difficult. Fortunately parents can bring a lawsuit against at-fault doctors and hospitals for the harm they suffer. The damages can help cover the cost of future care, treatment and equipment.

A birth injury lawyer will analyze your case to determine if the injuries resulted from medical malpractice. Your attorney must prove the doctor's actions before and after the birth, violated the standards of practice for professionals to be able to claim compensation. This can be accomplished by reviewing medical records and getting expert opinions.

Many birth injuries can lead to long-term and life-altering health problems. Depending on the extent of your child's injuries, they could require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will look at your child's estimated treatment needs over the course of their life and seek compensation to cover all of these expenses.

You may also receive compensation for non-economic losses, such as emotional distress. These damages are difficult to prove, however an attorney can depend on medical experts to assess the damages and award an appropriate amount to pay for the harm.

Medical malpractice claims are typically resolved outside of court because trials can be risky, stressful and emotionally draining for plaintiffs and their families. In these situations the jury could be biased against hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom.

A new mexico birth injury attorney trauma lawyer can explain the statute of limitations in your state and help you meet these deadlines. He or she can also advise you on how to find medical specialists in your area who will strengthen your case. Many birth trauma attorneys work for national law firms with offices across the nation and can handle cases across multiple states.

Time Limits

The time limit for filing a lawsuit is the same as in the majority of lawsuits involving medical malpractice. If the victim and family fail to meet the deadline, they lose their right to a fair compensation. A birth trauma lawyer can assist families and victims learn about and comply with the statute of limitations so that they don't lose out on financial compensation.

The timelines for a birth-related injury case vary from state to state and can be difficult to determine. Generally speaking, victims have two years to file a malpractice lawsuit from the date of the injury. Minors who are not able to file a claim by the age of 18 may be granted a longer time.

In cases where the damage isn't immediately obvious (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions can take a few weeks or even many years to manifest. It is essential to contact a lawyer with experience immediately for a birth injury claim.

Certain states also require a notice of the lawsuit to be sent to the defendant health care providers within a set time frame that can also impact the time limit. A different statute of limitation could also apply if the health provider is a public entity or an employee of a government agency.

Medical malpractice lawsuits can be filed in the county court in which the negligence occurred. The plaintiffs are parents, whereas defendants are their doctors, hospitals and other medical staff. When the lawsuit is filed and accepted, it will be assigned a case number as well as a trial schedule.

While settlements are often reached before reaching trial however, some birth injury cases are able to go to the verdict of a jury. A skilled lawyer for birth trauma can assist clients to build strong cases and gather evidence to prove medical negligence and secure fair compensation for victims. Although no amount can compensate a victim of their injury, the funds obtained through a successful lawsuit may help alleviate some of the financial burdens that come with the treatment and care of a child injured or mother.