A Birth Trauma Attorney Can Help You File a Claim
A medical error in birth can have long-term consequences on your family. An attorney for birth trauma can make an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can be used to pay for your child's life-long treatment or therapies as well as medications. This can also ease the financial burden of caring for the child who has suffered injuries.
Birth Injury Prevention
Medical doctors who treat women during pregnancy and childbirth may make mistakes that can lead to birth injuries. Certain birth injuries are inevitable. However, others could have easily been prevented if the hospital or physician had taken proper care when treating the mother.
Cerebral Palsy and Erb's Palsy can cause lifelong disabilities. These conditions affect the motor skills of a child and can be attributed to a number of causes, such as infections, uterine trauma, or a mishandled labor and delivery.
Premature birth could cause serious birth injuries, such as hematomas or fractures. These injuries are preventable when doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid complications that can result from preterm labor.
A medical mistake during birth can also cause cerebral palsy and brain damage in a newborn. These injuries are often due to a doctor's failure to detect the signs of an emergency situation or the absence of a cesarean birth when it is accompanied by fetal distress or problems in the vagina.
Other birth injuries could be caused by the use of instruments that aid in birth, such as forceps or vacuum extractors. These tools are safe if used correctly. However, if a doctor misuses these tools, they can cause serious facial or scalp injury.
Another kind of birth injury that can be avoided is the tear of the brachial plexus. These are nerves that control the hand and arm movements of newborns. These injuries occur when over stretching or pulling damages the nerves during labor and birth. The resulting impairments range from temporary weakness to complete paralysis.
Families with disabilities such as these face significant expenses throughout their lives. These include ongoing therapy medication, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and so on. A legal claim can't reverse an injury, but it can assist families in obtaining the assistance they require and also motivate health professionals to improve safety measures during childbirth.
A California birth trauma attorney can assist families to file a medical malpractice lawsuit to recover compensation for the losses they have suffered. These claims could compensate families for the costs of long-term care for a child and other damages.
Medical Malpractice
The parents of a child who is injured at birth due to a medical error might feel as if their future is in jeopardy. They may be faced with an increasing medical bill emotional trauma, the added burden of caring for their child. These families can benefit financially from the outcome of a successful medical malpractice lawsuit and can focus on their child's health and recovery.
A medical malpractice case is one where a hospital, doctor or other healthcare provider is accused of violating their duty of care. In the context of birth injury, this means a physician or nurse committed a negligent act prior to, during or after birth that caused injuries to the mother or child.
An experienced attorney with experience in birth trauma will review your case to determine if there was a breach in the duty of care. The attorney will determine the responsible parties and their insurance policies. This involves obtaining medical records, seeking expert opinions, and identifying the policies and procedures that were not adhered to during the birth and pregnancy. A reliable birth injury law firm will also likely have resources like medical databases as well as experienced staff members such as medical experts.
The legal team will collect evidence to show that the medical professionals did not meet the standards for care, resulting in birth injuries to your child. The lawyer will also present a detailed damages presentation for your jury to understand how the injuries affected you and your family. Damages encompass economic losses such as the lifetime costs of care, as well as non-economic losses, like pain and suffering.
A top-rated birth injury lawyer will negotiate with the insurers on your behalf and fight to recover a fair settlement for your family. If a settlement cannot be reached, the lawyer will prepare your case for trial and present it to a jury of peers. birth injury attorney colorado springs could bring your family the money needed to pay for treatments as well as equipment and therapies, as well as modifications to your home and vehicle. It can also help cover the cost of your child's care throughout their life.
Compensation
The birth of a baby can be an emotional and overwhelming experience for parents. It can become more stressful and exhausting when a child is injured by mistakes or medical negligence during the birth process. Parents can sue doctors as well as hospitals who are at fault for the harm they suffered. The compensation can be used to cover the cost of future care, treatment, and equipment.
A birth injury lawyer can review the details of your case and determine if medical malpractice caused the injuries. To be able to claim compensation, your attorney must prove that the doctor's actions prior to, during and after the birth of your child were in violation of the accepted standards of professional medical care. This can usually be done by reviewing medical records and obtaining professional opinions.
Many birth injuries can cause chronic health issues that can alter your life. Depending on how severe the injury of your child is, it may require regular medical treatment, therapy, medications and assistive devices. A successful claim will consider your child's estimated treatment needs over their lifetime and seek compensation to cover all of the costs.
You may also receive compensation for non-economic losses like emotional distress. These damages are more difficult to prove, however your lawyer can rely on the expertise of medical experts when assessing the damage, and award you a fair amount of money to cover the harm.
Medical malpractice claims are typically settled outside of court due to the fact that trials can be risky, stressful and emotionally taxing for the plaintiffs and their families. In these instances the jury may be biased towards hospitals and doctors. Therefore, it is more efficient to settle the case outside of the courtroom.
A birth trauma lawyer can assist you in understanding the statute of limitations applicable to your state and make sure that you comply with these deadlines. They can also advise you on how to find the best medical specialists in your region to strengthen your case. Many birth trauma attorneys are employed by national law firms that have offices across the country and are able to handle cases across several states.
Time Limits
As with most lawsuits involving medical malpractice there are strict deadlines to file a claim, referred to as the statute of limitations. If the family of the victim fail to meet the deadline, they lose their right to compensation. An attorney for birth trauma can assist victims and their families understand and comply with the statute of limitations so that they don't lose out on financial recovery.
The timelines for a birth injury lawsuit vary from state to state and can be complicated to determine. In general, victims have up to two years from the date of injury to file a malpractice lawsuit. However, this is often extended for minors if they are not able to file a claim before they turn 18.
In cases where the damage is not immediately apparent (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the timeline could be longer. These conditions can take a few weeks or even several years to manifest. This is why it's crucial to speak with an experienced lawyer to handle a birth injury case as soon as you can.
Certain states also require a written notice of the lawsuit to be provided to the health care providers who are defendants within a specified time frame that can also impact the statute of limitations. A different statute of limitations may also apply if the health provider is a public entity or an employee of an agency of the government.
Medical malpractice lawsuits are filed with the county court in the area in which the negligence occurred. Plaintiffs are parents, and the defendants are their doctors hospitals and other medical staff. After the lawsuit is filed and accepted, it will be assigned a case number as well as a trial schedule.
Some birth injury cases are settled before trial. However, others go to a jury. An experienced birth trauma lawyer can help clients create solid arguments and gather evidence necessary to prove medical negligence and obtain fair compensation for the victim. The injury of a victim cannot be compensated through money, however the funds that are received from a successful lawsuit could aid in easing the financial burden of a mother or child who is injured.