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A Birth Trauma Attorney Can Help You File a Claim

A medical error during birth can have long-term consequences on your family. A birth trauma lawyer can make a claim and negotiate a settlement for you against the doctor or hospital accountable.

These funds can be used to with the costs of treatments or therapies your child will require throughout his or her lifetime. This could also help ease the financial burden of caring for children who have suffered injuries.

Preventable Birth Injuries

Medical doctors who treat women during pregnancy and childbirth can make mistakes that lead to birth injuries. Certain birth injuries are inevitable. However, other birth injuries could have easily been prevented by a doctor or hospital if they had followed the correct protocol when treating the mother.

Cerebral palsy and Erb's palsy can result in permanent disabilities. These conditions impact 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 may also cause serious birth injuries, including hematomas or fractures. These injuries can be prevented if doctors monitor the cervix during pregnancy and take the proper steps to avoid any complications that could arise from preterm labor.

A medical error during birth can also result in cerebral palsy and brain damage in a newborn. These injuries are usually caused by a doctor's inability to detect the signs of an emergency or a lack of a cesarean section when it is indicated by fetal distress, or other complications in the vagina.

Other birth injuries could be caused by the use of tools to aid in birth, such as forceps or vacuum extractors. These tools are safe if employed correctly. However when a doctor uses them it can cause serious facial or scalp injury.

Another kind of birth injury that can be prevented is the tear of a baby's brachial nerve which are nerves that regulate arm and hand movement. These injuries occur when excessive stretching or pulling damage the nerves during labor and birth. The resultant disabilities vary from temporary weakness to complete paralysis.

Families dealing with these and other disabilities face massive costs that last for all their lives, which includes regular therapy and medication and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. A legal claim cannot change the outcome of an injury, but it can help families get the help they require and encourage health care professionals to improve their safety practices during childbirth.

An experienced California birth trauma lawyer can assist families in submitting a medical malpractice claim to recover compensation for their losses. These claims can compensate families for the costs of a child's long-term care and other damages.

Medical Malpractice

When a medical error results in an injury to the birth the parents of the child might feel that their future was taken away from them. They may be faced with mounting medical bills, emotional trauma, and the added burden of caring for their child. A successful medical malpractice suit can bring financial relief to these families so they can concentrate on their child's health and recovery.

A medical malpractice instance is when a hospital, doctor or another healthcare provider is accused of not fulfilling their duty of care. In the case of birth injuries this means that a doctor or nurse made an error prior to or during the birth, resulting in an injury to the mother or baby.

An experienced attorney with experience in birth trauma will examine your case to determine if there was a breach of the duty of care. The attorney will determine the responsible parties and their insurance policies. This involves obtaining medical records, obtaining expert opinions, and identifying the policies and procedures that were not followed during the birth and pregnancy. A reputable birth injury law firm will likely have resources such as medical databases and knowledgeable staff members such as nurse case managers as well as medical experts.

The legal team will collect evidence to prove that the medical providers did not meet the accepted standards for medical care, resulting in birth injuries to your child. The lawyer will also provide an extensive damages report for the jury to see how the injuries affected you and your family. Damages can be based on economic losses like the cost of lifetime health care, and non-economic losses such as pain and suffering.

A highly rated birth injury lawyer will negotiate with insurers on your behalf and will fight for an equitable settlement for your family. If no settlement is reached the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict could bring your family the money needed to pay for medical treatment, therapies and equipment, as well as modifications to your vehicle and home. It could also help pay for the costs of your child's medical care for the rest of their life.

Compensation

The birth of a child is a stressful and emotional moment for parents. If a child gets injured during birth due to mistakes or medical negligence, it can be even more difficult. Parents may sue doctors and hospitals that are responsible for the damages they have suffered. The compensation can be used to cover expenses for future medical treatment and equipment.

A birth injury attorney can examine the details of your case and determine if medical negligence caused the injuries. To be able to claim 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 standards of professional care. This is usually done by reviewing medical records and getting expert opinions.

Many birth injuries can lead to long-term and life-altering health problems. Based on the severity of your child's injuries they may require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will take into account the treatment needs of your child throughout their life 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 attorney will be able to count on the expertise of medical experts in assessing the damage and award you a fair amount of money to compensate the damage.





The majority of medical malpractice cases are settled outside of court, as a trial can be emotionally draining and risky for the plaintiffs. AccidentInjuryLawyers is prone to become biased against hospitals and doctors in these kinds of cases, which is why it is generally more efficient to settle outside of court.

A lawyer for birth trauma can assist you in understanding the statute of limitations in your state and ensure you comply with these deadlines. He or she can advise you on how to locate medical professionals in your area who can help strengthen your case. Many birth trauma lawyers work for national law firms with offices across the country. They can manage cases from several states.

Time Limits

Like most lawsuits involving medical malpractice there are strict deadlines for filing a claim known as the statute of limitations. If the victim and family fail to meet the deadline, they lose their right to a fair compensation. A birth trauma lawyer can assist victims and their families, as well as the court understand and comply with the statute of limitations to avoid losing any financial recovery.

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

In the event that the injury isn't immediately obvious (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the time frame could be longer. This is because these ailments may take weeks or years to show up. This is why it is so important to contact an experienced lawyer to handle birth injury cases as soon as possible.

Some states also require notice of the lawsuit to be provided to the health care providers who are defendants within a certain period of time that can also impact the statute of limitations. A different statute of limitation may also apply in the event that the health care provider is a public entity or an employee of an agency of the government.

Medical malpractice lawsuits may be filed in the county court in which the negligence occurred. The plaintiffs are parents and their hospitals, doctors, and other medical personnel are defendants. The lawsuit will be assigned a number and a date for the trial once it is filed.

Although settlements are typically reached before reaching trial but some birth injuries cases are able to go to an appeal to a jury. An experienced birth trauma lawyer can assist clients in constructing a strong case and gather necessary evidence to prove medical negligence and secure fair compensation for the victim. A victim's injury cannot be compensated with money, but the funds that are received through a successful lawsuit can aid in easing the financial burdens of a mother and child who was injured.