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A Birth Trauma Attorney Can Help You File a Claim

A medical error during childbirth could have long-term effects for your family. A birth trauma attorney can file a claim against the doctor and hospital accountable, and negotiate an insurance settlement on your behalf.

These funds can be used to pay for the treatments that, therapies and medications your child will need throughout his or her lifetime. It can also ease the financial burden that typically accompanies caring for an injured child.

Preventable Birth Injuries

Medical specialists who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Certain birth injuries are inevitable. However, some could have easily been prevented in the event that the doctor or hospital took the proper precautions when treating the mother.

Cerebral palsy and Erb's palsy can cause lifelong disabilities. These disorders affect the motor skills of a child. They can be caused by a variety of causes, such as infections, uterine injuries, or mismanaged labor and birth.

Premature birth can cause serious birth injuries such as hematomas or fractures. birth injury attorney alamogordo nm can be avoided if doctors observe the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor.

A medical error in the birth process can also cause oxygen deprivation in a newborn, leading to cerebral palsy and brain damage. These injuries are usually due to a doctor's failure to detect the symptoms of an emergency or a deficiency of a cesarean section if it is accompanied by fetal distress, or other complications in the vagina.

Other birth injuries could result from the use of instruments that aid in the birth process, such as forceps or vacuum extractors. These tools are usually safe when used correctly, but when a physician misuses them, it can result in serious facial or scalp injuries.

Another type of birth injury that can be prevented is the rupture of the brachial nerve. These are nerves that control the arm and hand movements of a newborn. These injuries occur when excessive stretching or pulling damage the nerves during labor and delivery. The resulting disabilities can range from temporary paralysis up to total disability.

Families with disabilities such as these are faced with substantial costs throughout their lifetime. These include regular therapy, medications and adaptive equipment like walkers or wheelchairs, as well as special accommodations, and much more. A legal action will not alter the severity of an injury, but it can help families get the resources they need and also encourage health professionals to enhance their safety practices during the birthing process.

A skilled California birth trauma lawyer can help families in submitting a medical malpractice claim to recover compensation for their losses. These claims could compensate families for the cost of long-term care for a child and other damages.

Medical Malpractice

The parents of a child who suffers birth injuries as a result of an error in medicine may feel like their future has been stolen. They are often faced with mounting medical bills, emotional trauma, and the added stress of caretaking. A successful medical malpractice suit can provide financial relief to families in need, so they can focus on their child's health and recovery.

A medical malpractice instance is when a doctor, hospital or other healthcare provider is accused of violating their obligation to care. In the context of birth injuries this means that a doctor or nurse committed a negligent act prior to, during, or after birth that caused injuries to the mother or child.

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

The legal team will gather evidence to prove the medical professionals failed to meet the accepted standards of care when they caused your child's birth injuries. The lawyer will then present a thorough explanation of the damages to the jury to help them understand how the injuries impacted your family and yourself. Damages can be based on economic losses like the cost of lifetime care, as well as non-economic losses like pain and suffering.

A highly rated birth injury lawyer will negotiate with the 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 could grant your family the compensation they need to cover your child's medical treatments therapies, equipment and other modifications to their vehicle and home. It can also assist with the cost of care resulting from your child's disability.

Finding Compensation

The birth of a baby is a stressful and emotional moment for parents. If a child gets injured during delivery due to medical negligence or error it could be more difficult. Parents can sue doctors and hospitals that are responsible for the injuries they've suffered. The compensation can be used to cover the cost of future care, treatment, and equipment.

A birth injury attorney can examine the facts of your case and determine if medical negligence caused the injuries. In order to win compensation, your attorney must show that the doctor's actions prior to, during and after the birth of your child violated the accepted standards of professional medical care. This can usually be done by reviewing medical records and getting professional opinions.

Many birth injuries can cause long-term health issues that could change your life. Depending on how severe your child's injury is it may require ongoing medical treatment, therapy, medications and assistive devices. A successful claim will consider the treatment needs of your child over their lifetime and seek compensation to cover all the costs.

In addition to the cost of medical bills, you can also seek 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 determine an amount that is reasonable to pay for the harm.





Most medical malpractice claims are settled outside of court, because trials can be emotionally draining and dangerous for the plaintiffs. The jury can easily become biased towards hospitals and doctors in these types of cases, and it's generally more efficient to settle the case outside of court.

A lawyer for birth trauma can assist you in understanding the statute of limitations in your state and ensure that you adhere to these deadlines. He or she can advise you on how to find medical specialists in your region who can help strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the country. They are able to handle cases from multiple states.

Time Limits

The time limit for filing a lawsuit is the same for the majority of lawsuits involving medical malpractice. If the family members of a victim do not file their claim by the deadline, they forfeit their right to receive compensation for the injuries. A birth trauma lawyer can help victims, their families and the court understand and abide with statutes of limitations to ensure that they do not lose financial compensation.

The timelines for a birth injury claim vary from state to state, and can be difficult to determine. Generally speaking, victims have two years to file a lawsuit for malpractice within two years of the date of the injury. Minors who are not able to make a claim before the age of 18 could have this time extended.

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 several years to manifest. This is why it is so important to contact an experienced lawyer for birth injury cases immediately.

Some states require that a notice be delivered within a specific timeframe to the health care providers in question that could also impact the statute. Additionally when the health care provider is a public company or is employed by a government agency the statute of limitations could be in place.

Medical malpractice lawsuits can be filed at the county court where the negligent act occurred. The plaintiffs are parents and their doctors, hospitals and any other medical professionals are the defendants. The lawsuit will be assigned an identification number and a time for the trial once it is filed.

Some birth injury cases can be resolved prior to trial. Others are decided by the jury. A skilled attorney for birth trauma 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 by money, however the funds that are derived from a successful lawsuit could help ease the financial burdens of a mother and child who was injured.