A Birth Trauma Attorney Can Help You File a Claim
A mistake made during childbirth may have long-term effects on your family. A birth trauma attorney can bring a claim against the doctor and hospital accountable, and negotiate an insurance settlement on your behalf.
The funds can be used to help provide your child with a lifelong treatments, therapies, and medications. It can also alleviate the financial burden that usually comes with caring for a wounded child.
Preventable Birth Injuries
Medical professionals who treat mothers during pregnancy and childbirth could make mistakes that lead to birth injuries. Some birth injuries are unavoidable. However, some could have easily been avoided if the hospital or physician took the proper precautions when treating the mother.
Cerebral palsy and Erb's Palsy are two of the most common birth injuries that could cause permanent disabilities. These disorders affect children's motor abilities and can be caused by a variety of causes such as infections, uterine injury or a poorly-managed labor and delivery.
Premature birth may also cause serious birth injuries, like fractures or hematomas. These injuries can be avoided by having a doctor monitor the cervix throughout pregnancy and take the necessary steps to avoid complications resulting from preterm labor.
A medical mistake during the birth process can also result in the loss of oxygen to the newborn, resulting in cerebral palsy and brain damage. These injuries are typically caused by a doctor failing to spot signs of an emergency or not performing a cesarean if the baby is in distress or vaginal problems are present.
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 safe if used in a safe manner. However should a doctor make a mistake using these tools, they can cause serious facial or scalp injury.
Another form of birth injury that is preventable involves the tearing of the brachial plexus in a newborn's birth which are nerves that regulate arm and hand movement. These injuries are caused by excessive stretching or pulling during labor. The resulting disabilities range from temporary weakness to total paralysis.
Families who suffer from disabilities like these face massive costs that last for throughout their lives, including regular therapy and medication, adaptive equipment like wheelchairs or walkers, and special accommodations. A legal claim won't reverse an injury but it can help families access the help they require and also encourage health care workers to improve their safety practices during childbirth.
A California birth trauma lawyer can assist families in filing an action for medical malpractice to seek compensation for the damages they have suffered. These claims can help families pay for the cost of long-term medical 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 that their future has been stolen. The parents are often faced with mounting medical bills, emotional trauma and the stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief to families, allowing them to concentrate on their child's health and recovery.
A medical malpractice claim is one that asserts that a hospital, doctor or another healthcare provider violated their obligation of care. In the context of birth injuries it means that a physician or nurse committed an act of negligence prior to, during, or after the birth, resulting in an injury to the mother or baby.
An experienced attorney for birth trauma will review your case to determine whether there was a breach in the duty of care. The attorney will determine the responsible parties and their policies. This involves obtaining medical records, obtaining expert opinions, and identifying the policies and procedures that were not followed during the pregnancy and birth. A reputable law firm for birth injuries is likely to have databases of medical information, and staff with experience including nurse case managers and doctors.
The legal team will gather evidence to prove the medical professionals did not meet the accepted standard of care that caused your child's birth injuries. The lawyer will also make an extensive explanation of damages to your jury to ensure they be aware of how the injuries affected your family and yourself. Damages encompass both economic losses, like the cost of life of care, as well as non-economic losses, like pain and suffering.
A top-rated birth injury lawyer will negotiate with insurers on your behalf and fight for a fair settlement for your family. If a settlement cannot be reached, he or she will prepare for trial and argue your case before a jury of your peers. A successful verdict could bring your family the compensation required to cover medical treatment as well as equipment and therapies and even modifications to your home and vehicle. It could also help to cover the cost of your child's care for the rest of their life.
Finding Compensation
The birth of a baby is a difficult and stressful time for parents. If a child is injured during birth due to medical negligence or error it could be more difficult. Parents can sue doctors and hospitals who are at fault for the damages they have suffered. The compensation can be used to cover the cost of future care, treatment and equipment.
A birth injury lawyer can examine the details of your case and determine if medical malpractice caused the injuries. Your attorney must prove the actions of the doctor before and after the birth, violated the standards of practice for professionals to be able to claim compensation. Usually, this is done by reviewing the medical records and obtaining expert opinions.
Many birth injuries can result in long-term and life-altering health problems. Depending on the extent of your child's injuries they might require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will take into account the treatment needs of your child over the course of their lifetime and seek compensation to cover all these 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 attorney will be able to count on the expertise of medical experts when assessing the damage and award you a reasonable amount of money to compensate for the harm.
birth injury attorney denver are settled outside of court, as a trial can be stressful, emotionally draining, and potentially dangerous for the plaintiffs. In these situations the jury may become biased against hospitals and doctors. It is therefore 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 comply with these deadlines. They can also advise you on how to locate medical specialists in your region who can help strengthen your case. Many birth trauma lawyers work for national law firms with offices across the country and can handle cases in multiple states.
Time Limits
As with all lawsuits involving medical malpractice there are strict time limits 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 lawyer can help victims and their families be aware of and adhere to the statute of limitations so that they don't miss out on financial recovery.
The timeframes for a birth injury case vary from state to state and can be complicated to determine. In general the state of California, victims have two years from the date of the injury to file a malpractice lawsuit. Minors who are unable make a claim before the age of 18 can be granted a longer time.
In cases where the damage is not immediately apparent (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. This is due to the fact that these conditions can take weeks or years to appear. This is why it's essential to get in touch with an experienced lawyer to handle a birth injury case immediately.
Certain states require that a notification be sent within a certain time frame to the health care providers in question, which may also affect the statute. In addition, if the health care provider is a public entity or employed by a government agency an alternative statute of limitations could apply.
Medical malpractice lawsuits are filed with the county court in the location in which the negligence occurred. Parents are the plaintiffs and their doctors, hospitals and other medical personnel are the defendants. Once the lawsuit is filed, it will be assigned a case number as well as a trial schedule.
Some birth injury cases can be resolved prior to trial. However, others are decided by a jury. A skilled attorney for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical malpractice and get fair compensation for victims. While no amount of money will compensate a victim for their injuries, the money gained through a successful lawsuit can help alleviate some of the financial burdens that come with the treatment and care of a child injured or mother.