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A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can result in long-term consequences for your family. A birth trauma lawyer can submit a claim and negotiate a settlement for you with the hospital or doctor responsible.

These funds can pay for the treatments, therapies and medications your child will need throughout his or her life. It also helps ease the financial burden that often accompanies caring for a wounded child.

Preventable Birth Injuries

Medical professionals who treat women during pregnancy and childbirth can make mistakes that can lead to birth injuries. Some of these injuries are inevitable however, others could have been avoided if the physician or hospital was able to exercise proper care when treating the mother or child.

Cerebral Palsy and Erb’s palsy can result in permanent disabilities. These conditions affect the motor abilities of a child and can be attributed to a number of causes, such as infections, uterine trauma, or mismanaged labor and delivery.

Premature birth can cause serious birth injuries such as hematomas or fractures. These injuries can be prevented if doctors keep an eye on the cervix throughout pregnancy and take the necessary steps to prevent complications from preterm labor.

A medical error at birth can also result in cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor failing to recognize the signs of an emergency, or not performing a cesarean birth when there is distress in the fetus or vaginal problems are present.

Other birth injuries are due to the use of tools for birth such as forceps or vacuum extractors. These tools are safe if used in a safe manner. However should a doctor make a mistake using them it can cause serious facial or scalp injury.

Another kind of birth injury that can be prevented is the tearing of the brachial plexus. These are nerves which control the hand and arm movements of the newborn. These injuries occur when over pulling or stretching damages the nerves during labor and delivery. The resulting impairments can range from temporary weakness to complete paralysis.

Families with these and other disabilities have to pay for significant costs throughout their lifetime. These include ongoing therapy and medications and adaptive equipment like walkers or wheelchairs, as well as special accommodations, and more. 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 safety measures during the birthing process.

A seasoned California birth trauma lawyer can help families in filing a medical malpractice claim to obtain compensation for their losses. These claims can reimburse families for the costs of a child’s long-term care and other damages.

Medical Malpractice

Parents of a newborn who suffers birth injuries due to an error in medicine may feel that their future is in jeopardy. The parents are often faced with mounting medical bills as well as emotional trauma and the stress that comes with caring for their child. Families in these situations are financially reliant through an outcome in a medical malpractice case which allows them to concentrate on their child’s health and recovery.

A medical malpractice instance is when a hospital, doctor or other healthcare provider is accused of not fulfilling their obligation to care. In the case of birth injuries, this means a physician or nurse committed a negligent action prior to, during, or after delivery which resulted in injury to the mother or child.

An experienced attorney with experience in birth trauma will review 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 will require accessing the medical records, getting expert opinions and identifying policies, procedures, and violations that occurred during pregnancy and delivery. A reputable birth injury law firm will likely have resources like medical databases and knowledgeable staff members such as nurse case managers and medical experts.

The legal team will gather evidence to prove the medical professionals failed to adhere to the accepted standard of care that caused your child’s birth injuries. The lawyer will also prepare an extensive damages report for the jury to see how the injuries have affected you and your family. Damages can include both economic losses, like the cost of life of care, as well as non-economic losses, such as suffering and pain.

A highly rated birth injury lawyer will negotiate with insurers on your behalf and fight for a fair settlement for your family. If no settlement is reached the lawyer will prepare your case for trial and present it to a jury comprised of peers. If the verdict is successful, it could provide your family the funds required to cover medical treatments as well as equipment and therapies and also for modifications to your home and vehicle. It can also help with the lifelong cost of care resulting from your child’s disability.

Compensation

The birth of a baby is a difficult and stressful time for parents. It can be made even more difficult and draining if a child is injured by mistakes or medical negligence during the birth process. Parents can sue doctors and hospitals who 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 facts of your case and determine if medical negligence 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 following the birth of your child were in violation of the standards of professional medical care. Usually, this can be accomplished by looking over the medical records and obtaining expert opinions.

Many birth Injury Lawsuit results injuries can lead to long-term and life-altering health problems. Depending on the extent of your child’s injuries they may require therapy or medication, as well as assistive devices and ongoing medical treatment. A successful claim will take into account your child’s estimated lifetime treatment needs and will be able to obtain a fair amount of compensation for all of these costs.

In addition to the expense of medical bills, you can also recover compensation for non-economic losses such as emotional distress. These are more difficult to prove, but an attorney can rely on medical experts to evaluate the damage and determine an appropriate amount to compensate you for the damage.

Medical malpractice claims are typically settled outside of court due to the fact that a trial is stressful, risky and emotionally taxing for the plaintiffs and their families. In these cases, the jury can be biased against hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom.

A lawyer for birth trauma can help you understand the statute of limitations applicable to your state and ensure that you adhere to these deadlines. He or she can advise you on how to locate medical specialists in your region that can assist you in proving your case. Many birth trauma lawyers are employed by national law firms that have offices across the country and are able to handle cases across 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 receive compensation. A birth trauma lawyer can help victims, their families and the court understand and comply with the statute of limitations to avoid losing financial recovery.

The timelines in a birth injury claim vary from state to state, and can be difficult to determine. Generally, victims have two years to file a malpractice lawsuit within two years of the date of the injury. However, this time frame is usually extended for minors if they are not able to file an action before turning 18.

In cases where the injury is not immediately apparent (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the timeline could be longer. This is because these conditions can take weeks or even years to manifest. This is why it is crucial to speak with an experienced lawyer for birth injury cases immediately.

Certain states require that notice be delivered within a specific period of time to the health care providers in question, which may also affect the statute. Additionally when the health care provider is a government entity or is employed by an agency of government an alternative statute of limitations could apply.

Medical malpractice lawsuits are filed with the county court in the location in which the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors hospitals, and other medical personnel. Once the lawsuit is filed, it will be assigned a case number and an investigation schedule.

Although settlements are typically reached prior to trial but some albuquerque birth injury attorney injuries cases can lead to the verdict of a jury. An experienced birth trauma lawyer can assist clients in constructing an effective case and gather necessary evidence to prove medical negligence and secure an appropriate amount of compensation for the victim. Although no amount can compensate a victim of their injuries, the funds obtained through a successful lawsuit can reduce some of the financial burdens associated with the care and treatment of a child who has been injured or mother.