A Birth Trauma Attorney Can Help You File a Claim
A medical error in childbirth may have long-term effects on your family. An attorney for birth trauma can file a claim against the hospital and doctor responsible, and negotiate an insurance settlement on your behalf.
These funds can with the costs of treatments that, therapies and medications your child will need throughout his or her life. This can also help alleviate the financial burden of caring for a child who has been injured.
Birth Injury Prevention
Medical doctors who treat pregnant women and children could make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, some could have easily been avoided in the event that the doctor or hospital took the proper precautions when treating the mother.
Cerebral palsy and Erb's Palsy are two of the most commonly birth injuries that are preventable and can cause permanent disabilities. These disorders affect the motor abilities of a child and may be attributed to a number of causes, such as infections, uterine trauma, or mismanaged labor and birth.
Premature birth can also cause serious birth injuries, like fractures or hematomas. tennessee birth injury attorneys are preventable when doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid complications that may arise from preterm labor.
A medical error during birth can also cause cerebral palsy and brain damage in newborns. These injuries are typically caused by a doctor's inability to recognize signs of an emergency, or not performing a cesarean when the baby is in distress or vaginal complications are present.
Other birth injuries can be attributed to the use of birth-assisting tools like forceps or vacuum extractors. These tools are safe when used correctly. However, if a doctor misuses these tools, they can cause serious facial or scalp injuries.
Another type 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 movement. These injuries occur when excessive pulling or stretching damages the nerves during labor and delivery. The results can range from temporary paralysis up to total disability.
Families who suffer from these disabilities and others face significant expenses throughout their lifetime. They are able to pay for regular therapy, medications, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and more. Legal claims cannot reverse an injury, but it can help families get the help they require and also motivate health professionals to improve their safety practices during childbirth.
A skilled California birth trauma lawyer can assist families in submitting a medical malpractice claim to seek compensation for their losses. These claims can compensate families for the costs of long-term care for their child, as well as other damages.
Medical Malpractice
The parents of a baby who suffers birth injuries as a result of an error in medicine may feel like their future is in jeopardy. The parents are often faced by mounting medical costs, emotional trauma and the added stress of caring for their child. Families in these situations can be financially relieved by the outcome of a successful medical malpractice lawsuit which allows them to concentrate on their child’s health and recovery.
A medical malpractice case is one where a hospital, doctor or another healthcare provider is accused of breaching their duty of care. In the context of birth injuries this means that a doctor or nurse committed a negligent act before or during birth that caused injury to the mother or baby.
An experienced attorney for birth trauma will analyze your case to determine whether there was a breach of the duty of care. He or she will identify those responsible and their policies. This requires access to 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 such as medical databases and experienced staff members including nurse case managers as well as medical experts.
The legal team will gather proof to prove that the medical professionals did not meet the accepted standards for care, resulting in birth injuries to your child. The lawyer will also provide a detailed damages presentation for your jury to comprehend how the injuries have impacted you and your family. Damages can include economic losses like the cost for life of care and noneconomic losses, like pain and suffering.
A highly rated lawyer for birth injuries will negotiate on your behalf with insurers and fight for a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare your case for trial and present the case to a jury of peers. A successful verdict could grant your family the financial compensation they need to pay for your child's medical treatments therapies, equipment, and modifications to their vehicle and home. It could also help to cover the costs of your child's medical care throughout their life.
Finding Compensation
The birth of a baby can be an emotional and overwhelming experience for parents. If a child is injured during birth due to mistakes or medical negligence it could be more difficult. Fortunately parents can file a lawsuit against at-fault doctors and hospitals for the damage they suffer. The damages could help pay for costs for future care, treatment and equipment.
An attorney for birth injuries can review the details of your case and determine if malpractice in the medical field caused the injuries. To be able to claim compensation, your lawyer must demonstrate that the actions of the doctor prior to, during and following the birth of your child was in violation of the standards of professional care. Typically, this is accomplished by looking over the medical records and getting expert opinions.
A variety of birth injuries can lead to long-term health issues that could alter your life. Based on the severity of your child's injury is it may require continuous medical treatment, therapy, medications and assistive devices. A successful claim will look at your child's estimated treatment needs over the course of their life and seek compensation to cover all of these costs.
You can also receive compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, however your attorney 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 harm.
Medical malpractice claims are typically resolved outside of court because trials can be risky, stressful and emotionally taxing for the plaintiffs and their families. The jury can easily become biased against hospitals and doctors in these cases, which is why it is generally more efficient to settle outside of court.
A birth trauma attorney can explain the statute of limitations in your state and assist you meet these deadlines. He or she can also advise you on how to find the best medical specialists in your area to strengthen your case. Many birth trauma attorneys work for national law firms with offices across the country and can handle cases across several states.
Time Limits
As with all lawsuits involving medical malpractice there are strict deadlines for filing a claim, also 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 lawyer can assist victims, their families and the court understand and comply with the statute of limitations to avoid losing financial recovery.
The timeframes for a birth injury claim differ from state to state and can be difficult to determine. In general, victims have up to two years from the date of the injury to file a malpractice suit. Minors who are unable make a claim before the age of 18 may be granted an extension of this time.
In cases where the injury isn't immediately obvious (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the timeline could be longer. This is because these ailments may take weeks or years to manifest. This is why it's essential to get in touch with an experienced lawyer for a birth injury case immediately.
Certain states also require notice of the lawsuit to be provided to the health care providers who are defendants within a certain time frame, which can also affect the statute of limitations. A different statute of limitation may also apply in the event that the health care provider is an entity that is a public body or an employee of a government agency.
Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical staff are the defendants. The lawsuit will be assigned an id number and a date for the trial after it is filed.
Some birth injury cases can be resolved before trial. Others are decided by an appeals court. A skilled attorney for birth trauma can help clients create an effective case and gather evidence necessary to establish medical negligence and get an appropriate amount of compensation for the victim. A victim's injury cannot be compensated by money, however the funds that are derived from a successful lawsuit could help ease the financial burdens of a mother and child who is injured.