A Birth Trauma Attorney Can Help You File a Claim
A mistake made during childbirth could have long-term implications for your family. A birth trauma attorney can file a claim against the hospital and doctor accountable, and negotiate an insurance settlement on your behalf.
These funds can be used to provide the treatment, therapies and medications your child will require throughout his or her lifetime. It can also ease the financial burden that usually accompanies caring for an injured child.
Prevention of Birth Injuries
Medical specialists who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Some birth injuries are unavoidable. However, some could have easily been prevented in the event that the doctor or hospital had followed the correct protocol when treating the mother.
Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These conditions affect a child's motor skills and are caused by a variety of factors like infections, uterine injury or a poorly controlled labor and delivery.
Premature birth can also cause serious birth injuries, such as fractures or hematomas. These injuries can be avoided if doctors monitor the cervix during pregnancy and take the proper steps to avoid complications that can arise from preterm labor.
maryland birth injury attorney during birth can cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a physician's failure to recognize signs of an emergency or not performing a cesarean if fetal distress is present or vaginal problems are present.
Other birth injuries could be caused by the use of instruments that aid in the birth process, such as forceps or vacuum extractors. These tools are safe when employed correctly. However, if a doctor misuses them, they could cause serious facial or scalp injury.
Another type of preventable birth injury involves the tear of the brachial plexus in a newborn's birth which are nerves that control hand and arm movement. These injuries are caused by excessive pulling or stretching during labor. The resulting disabilities can range from temporary paralysis up to total disability.
Families with disabilities such as these face significant expenses throughout their lifetime. These include regular therapy and medications, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and much more. A legal claim cannot be able to reverse an injury, however it can help families obtain the resources they need and motivate health care workers to improve safety measures during the birthing process.
A skilled California birth trauma lawyer can assist families in filing a medical negligence claim to obtain compensation for their losses. These claims can compensate families for the cost of long-term medical care for their child, as well as other damages.
Medical Malpractice
The parents of a baby who is injured at birth due to an error in medical care may feel like their future is ruined. Parents are often faced by mounting medical costs, emotional trauma and the added stress that comes with caring for their child. A successful medical malpractice lawsuit could bring financial relief to these families 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 breaching their duty of care. In the context of birth injuries it means that a doctor or nurse committed an error prior to, during, or after the birth, resulting in an injury to the baby or mother.
An experienced attorney for birth trauma will examine the facts of your case to determine if there was a breach of the duty of care. He or she will identify those responsible and their policies. This involves obtaining medical records, obtaining expert opinions, and identifying policies and procedures that were violated during the birth and pregnancy. A reputable law firm for birth injuries will likely have databases for medical issues, and staff with experience including nurses and case managers as well as doctors.
The legal team will collect evidence to prove that the medical providers did not meet the standards for treatment, which led to birth injuries to your child. The lawyer will also present an extensive damages report for the jury to see how the injuries have affected you and your family. Damages include economic losses such as the lifetime costs of care as well as non-economic loss, like suffering and pain.
A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with the insurance companies and fight for 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 of peers. A successful verdict can bring your family the money they need to pay for your child's medical treatment therapies, equipment and other modifications to their vehicle and home. It could also help with the cost of care resulting from your child's disability.
Finding Compensation
The birth of a child can be a difficult and stressful experience for parents. It can become more difficult and exhausting when a child gets injured by mistakes or medical negligence during the birth process. Fortunately parents are able to file a lawsuit against the at-fault hospital and doctors for the damage they suffer. The compensation can be used to cover expenses for future medical treatment and equipment.
A birth injury attorney will review the details of your case and determine if malpractice in the medical field caused the injuries. To be able to claim the compensation you deserve, your lawyer must demonstrate that the actions of the doctor prior to, during and after the birth of your child was in violation of the standards of professional medical care. Usually, this can be done by reviewing the medical records and obtaining expert opinions.
Many birth injuries can cause long-term health issues that could change your life. Depending on the severity of your child's injury is, it could require ongoing medical treatment, therapy, medication and assistive devices. A successful claim will consider your child's projected lifetime treatment needs and will seek compensation sufficient to pay for all these costs.
You may also receive compensation for losses that are not economic, like emotional distress. These damages are more difficult to prove, however your attorney can rely on the expertise of medical experts in assessing the damage and then award you a reasonable amount of money to compensate the harm.
The majority of medical malpractice cases are settled out of court, because a trial can be stressful, emotionally draining and risky for the plaintiffs. The jury could easily become biased against hospitals and doctors in these kinds of cases, which is why it is often more efficient to settle the case outside of court.
A birth trauma lawyer can help you understand the statute of limitations for your state and ensure that you adhere to 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 lawyers are employed by national law firms with offices all over the country. They are able to handle cases from multiple states.
Time Limits
As with all lawsuits involving medical malpractice, there are strict deadlines to file a claim, referred to as the statute of limitations. If the family and victim miss the deadline they lose their right to receive compensation. A birth trauma attorney can assist families and victims be aware of and adhere to the statute of limitations to ensure that they don't lose out on financial recovery.
The timelines in a birth injury claim vary from state to state, and can be difficult to determine. In general, victims have up to two years from the date of their injury to file a malpractice suit. Minors who are unable make a claim before the age of 18 can be granted a longer time.
In cases where the damage isn't immediately obvious (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the timeline could be longer. This is because these ailments can take weeks or even years to appear. It is essential to contact a lawyer with experience as soon as you can for a birth injury claim.
Certain states also require a notice of the lawsuit to be sent to the health care providers who are defendants within a certain period of time and can affect the statute of limitations. Furthermore in the event that the health care provider is a public entity or is employed by an agency of the government the statute of limitations could be in place.
Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. Plaintiffs are parents, whereas defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned an id number and a date for the trial once it is filed.
Some birth injury cases can be resolved before trial. Others require an appeals court. A skilled attorney for birth trauma can help clients build a strong case and gather evidence necessary to establish medical negligence and get fair compensation for the victim. The injury of a victim cannot be compensated through money, but the money that are derived from a successful lawsuit could help ease the financial burdens of a mother or child who has been injured.