A Birth Trauma Attorney Can Help You File a Claim

A medical error during childbirth can result in long-term implications for your family. A birth trauma attorney can make a claim against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.

These funds can help provide the treatment that, therapies and medications your child will need throughout his or her life. It can also ease the financial burden that typically accompanies caring for a child who has been injured.

Preventable Birth Injuries

Medical specialists who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Some of these injuries are inevitable however, others could have been prevented by a hospital or physician who 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 impact a child's motor skills and are caused by a myriad of causes like infections, uterine injury, or a poorly managed labor and delivery.

Premature birth can result in serious birth injuries like hematomas or fractures. These injuries can be prevented if doctors monitor the cervix during pregnancy and take the proper steps to avoid complications that may arise from labor that is preterm.

A medical mistake during the birth process could result in the loss of oxygen to a newborn, leading to cerebral palsy and brain damage. These injuries are usually caused by a doctor's inability to recognize the signs of an emergency or the absence of a cesarean section if it is indicated by fetal distress or problems in the vagina.

Other birth injuries could be caused by the use of tools that assist in the birth process, such as forceps or vacuum extractors. These tools are safe when used correctly. However, if a doctor misuses these tools, they can cause serious scalp or facial injury.

Another kind of birth injury that is preventable involves the tearing of the brachial plexus in a newborn's birth, which are nerves that regulate hand and arm movements. These injuries are caused by excessive stretching or birth trauma attorney pulling during labor. The disabilities that result can vary from temporary paralysis to total disability.

Families dealing with these and other disabilities are faced with significant costs that can last all their lives, which includes regular therapy and medication and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. Legal claims cannot be able to reverse an injury, however it can help families get the resources they need and encourage health care professionals to improve safety measures during childbirth.

A California texas birth injury attorneys trauma attorney can assist families in filing an action for medical malpractice to seek compensation for the harm they have suffered. These claims can compensate families for the costs of long-term care for their child, as well as other damages.

Medical Malpractice

Parents of a newborn who is injured at birth due to an error in medical care may feel that their future is in jeopardy. They are often faced with increasing medical bills, emotional trauma, and the added stress of caretaking. A successful medical malpractice lawsuit can provide financial relief to families in need, so they can focus on their child's health and recovery.

A medical malpractice case is one in which a hospital, doctor or another healthcare provider is accused of violating their obligation to care. In the context of birth injuries it means that a doctor or nurse committed a negligent act before, during, or after birth that caused injury to the baby or mother.

An experienced birth trauma attorney will analyze the facts of your case to determine if there was a breach of duty of care. He or she will identify the parties accountable and their insurance policies. This involves accessing medical records, seeking expert opinions and identifying policies, procedures, and violations that occurred during pregnancy and birth. A reputable law firm for birth injuries will likely have medical databases and personnel with experience including doctors and nurse case managers.

The legal team will collect evidence to prove that the medical professionals did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also present an in-depth damages presentation to your jury to understand how the injuries have affected you and your family. Damages could include economic costs such as the lifetime cost of health care, and noneconomic losses like pain and suffering.

A highly rated birth injury lawyer will negotiate with insurers on your behalf and fight for an equitable settlement for your family. If a settlement cannot be reached, the lawyer will prepare for trial and argue your case before a jury of your peers. A successful verdict can bring your family the financial compensation they need to pay for your child's medical treatment and equipment, therapies and even modifications to their home and vehicle. It can also help with the costs of care that result from your child's disability.

Finding Compensation

The birth of a baby can be an emotional and stressful experience for parents. If a child gets injured during the birth due to mistakes or medical negligence, it can be even more difficult. Parents can sue doctors and hospitals who are at fault for the damages they have suffered. The compensation can be used to pay for the future expenses of medical treatment and equipment.

A birth injury lawyer will review your case to determine whether the injuries were caused by medical negligence. 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. This can be accomplished by reviewing medical records and obtaining professional opinions.

Many birth injuries can lead to long-term and life-altering health problems. Depending on how severe the injury of your child is, it could require ongoing medical treatment, therapy, medication and assistive devices. A successful claim will look at the estimated needs of your child's medical treatment throughout their life and seek compensation to cover all the costs.

In addition to the expense of medical bills, you can also recover compensation for non-economic losses like emotional distress. These damages are more difficult to prove, but your lawyer will be able to rely on the expertise of medical experts when assessing the damage, and award you a fair amount of money to cover the damage.

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

A birth trauma attorney can explain the statute of limitations in your state and assist you meet these deadlines. He or she can also help you locate the best medical experts in your region to strengthen your case. Many birth trauma lawyers are employed by national law firms with offices all over the country. They can handle cases from multiple states.

Time Limits

The statute of limitations is the same as with most lawsuits that involve medical malpractice. If the family of the victim fail to meet the deadline, they lose their right to a fair compensation. A birth trauma attorney can assist families of victims to be aware of and adhere to the statute of limitations, so that they don't miss out on financial compensation.

The timelines for a birth injury claim vary from state to state and can be difficult to determine. Generally speaking, victims have two years to file a malpractice suit within two years of the date of the injury. Minors who are not able to start a claim until the age of 18 could be granted an extension of this time.

In cases where the injuries aren't immediately evident, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the timeline may be extended. This is because these conditions can take weeks or birth trauma attorney years to show up. This is why it's so important to contact an experienced lawyer to handle a pittsburgh birth injury attorney injury case as soon as possible.

Certain states also require a written notice of the lawsuit to be delivered to the health care providers who are defendants within a specified time frame and can affect the time limit. Additionally when the health care provider is a government entity or employed by an agency of the government the statute of limitations may apply.

Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. Plaintiffs are parents, while the defendants are their doctors hospitals, and other medical personnel. The lawsuit will be assigned an id number and a date for the trial after it is filed.

While settlements are usually reached prior to trial however, some birth injury cases can lead to an appeal to a jury. A skilled birth trauma attorney 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 with money, but the funds that are received through a successful lawsuit can help ease the financial burden of a mother or child who was injured.