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A Birth Trauma Attorney Can Help You File a Claim

A medical mistake during childbirth can result in long-term consequences for your family. A birth trauma attorney can bring a claim against the hospital and doctor responsible, and negotiate an insurance settlement on your behalf.

The funds can be used to help to cover the cost of your child's life-long treatment or therapies as well as medications. This could also help alleviate the financial burden of caring for children who have suffered injuries.

Preventable Birth Injuries

Medical professionals who treat mothers during pregnancy and childbirth could make mistakes that result in birth injuries. Some of these injuries are inevitable, but others could have been prevented if the physician or hospital was able to exercise proper care when treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most common birth injuries that could cause permanent disabilities. These disorders affect the motor abilities of a child. They can be caused by a variety of causes, including infections, uterine injuries, or mismanaged labor and delivery.

Premature birth can result in serious birth injuries such as fractures or hematomas. These injuries can be prevented if doctors observe the cervix throughout pregnancy and take all the necessary steps to avoid complications resulting from preterm labor.

A medical mistake during the birth process may cause oxygen deprivation in babies, leading to cerebral palsy and brain damage. These injuries are usually caused by a physician's failure to recognize the signs of an emergency or performing a cesarean if fetal distress is present or vaginal problems are present.

Other birth injuries could result from the use of tools that assist in the birth process, such as vacuum extractors or forceps. These tools are safe when used correctly. However, if a doctor misuses them it can cause serious scalp or facial 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 can be caused by excessive pulling or stretching during labor. The resulting impairments vary from a temporary weakness to total paralysis.

Families dealing with these and other disabilities are faced with massive costs that last for a lifetime, including ongoing therapy and medications and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. Legal claims cannot change the outcome of an injury, but it can help families get the resources they need and encourage health care professionals to improve safety measures during childbirth.

A skilled California birth trauma lawyer can assist families in filing a medical negligence claim to obtain compensation for their losses. These claims could compensate families for the cost of long-term medical care for their child, as well as other damages.

Medical Malpractice

When a medical mistake results in a birth injury the parents of the newborn may feel their entire future was taken away from them. The parents are often faced by mounting medical costs as well as emotional trauma and the added stress that comes with caring for their child. A successful medical malpractice lawsuit could bring financial relief to families in need, so they can focus on their child's health and recovery.

A medical malpractice case is one that alleges a doctor, hospital or other healthcare provider breached their duty of care. In the case of birth injuries this means that a doctor or nurse committed a negligent action prior to, during or after the birth, resulting in injuries to the mother or child.

An experienced birth trauma attorney will review the facts of your case to determine if there was a breach of duty of care. The attorney will determine the parties responsible and their insurance policies. This requires access to medical records, obtaining expert opinions, and identifying policies and procedures that were violated during the pregnancy and birth. A reputable law firm for birth injuries will likely have databases for medical issues, and staff with experience including doctors and nurse case managers.

The legal team will gather evidence to prove that the medical providers failed to adhere to the accepted standard of care in causing your child's birth injuries. The lawyer will also present an extensive explanation of the damages to the jury to help them understand how the injuries impacted your family and yourself. Damages could include economic costs such as the lifetime cost of health care, and noneconomic losses like pain and suffering.

A top-rated lawyer for birth injuries will negotiate on your behalf with insurance companies and fight for a fair settlement for your and your family. If a settlement cannot be reached, he or she will prepare for trial and present your case before a jury of your peers. If the verdict is successful, it could provide your family the funds required to cover medical treatments, therapies and equipment and also for modifications to your vehicle and home. It can also help cover the costs of your child's medical care throughout their life.

Compensation

The birth of a child is a stressful and emotional time for parents. If a child is injured during the birth due to mistakes or medical negligence this can be more difficult. Fortunately parents are able to bring a lawsuit against the at-fault hospital and doctors for the damage they suffer. The compensation can be used to pay for future costs of care, treatment and equipment.

A birth injury lawyer can analyze your case to determine whether the injuries were caused by medical malpractice. To win the compensation you deserve, your lawyer must show that the doctor's actions before, during and after the birth of your child violated the standards of professional medical care. Usually, this can be done by examining the medical records and birth trauma attorney seeking expert opinions.

Many birth injuries can lead to chronic and life-altering health issues. Based on the severity of your child's injuries, they might require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will take into account your child's estimated treatment needs over their life and seek out compensation to cover all these expenses.

In addition to the cost of medical bills, you may also recover compensation for other damages, such as emotional distress. These damages are harder to prove, but an attorney can count on medical experts to determine the damage and award an amount that is reasonable to compensate you for the damage.

The majority of medical malpractice cases are settled out of court, because a trial can be emotionally draining and dangerous for the plaintiffs. In these instances, the jury can be biased against hospitals and doctors. It is therefore more efficient to settle the case outside of court.

A birth trauma attorney can explain the statute of limitations in your state and help you meet the 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 all over the country. They are able to handle cases from multiple states.

Time Limits

Like most lawsuits involving medical malpractice, there are strict time limits for filing a claim known as the statute of limitations. If the victim and family miss the deadline they lose their right to a fair compensation. A birth trauma attorney can help families and victims be aware of and adhere to the statute of limitations to ensure that they don't lose out on a financial recovery.

The timeframes for a birth injury lawsuit differ by state and can be complicated to determine. Generally, victims have two years to file a malpractice suit within two years of the date of the injury. However, this is often extended for minors if they are not able to file an action before turning 18.

In cases where the injuries aren't immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions such as cerebral palsy, the timeframe can be longer. These conditions can take a few weeks or even several years to be apparent. It is crucial to speak with a lawyer with experience in the earliest time possible in a birth injury claim.

Certain states also require a written notice of the lawsuit to be delivered to the health care providers who are defendants within a certain time frame and can affect the time limit. A different statute of limitations may also apply if the health provider is an official of the public sector or an employee of a government agency.

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

Although settlements are typically reached before reaching trial but some birth injury attorney dallas injuries cases can lead to a jury verdict. A skilled birth trauma attorney can help clients build an effective case and gather evidence necessary to prove medical negligence and obtain fair compensation for the victim. While no amount of money can compensate a victim for their injuries, the money obtained through a successful lawsuit may help alleviate some of the financial burdens associated with the treatment and care of a child injured or mother.