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A Birth Trauma Attorney Can Help You File a Claim
A mistake made during birth can have long-term consequences on your family. A birth trauma lawyer can file a claim and negotiate a settlement with insurance for you with the hospital or physician responsible.
These funds can be used to help to cover the cost of your child’s lifelong treatments and therapies as well as medicines. This could also help ease the financial burden of caring for a child who has been injured.
Preventable Birth Injuries
Medical doctors who treat women during pregnancy or childbirth could make mistakes that result in birth injuries. Some birth injuries are unavoidable. However, other birth injuries could have easily been prevented by a doctor or hospital if they took the proper precautions when treating the mother.
Cerebral palsy and Erb’s palsy can lead to permanent disabilities. These disorders affect the motor abilities of a child and may be attributed to a number of different causes, including infections, uterine injuries or a mishandled labor and delivery.
Premature birth can cause serious birth injuries like hemorrhagic fractures or fractures. These injuries can be prevented when doctors monitor the cervix throughout pregnancy and take the necessary steps to avoid complications from preterm labor.
A medical mistake during the birth process may cause oxygen deprivation in a newborn, leading to brain damage and cerebral palsy. These injuries are usually due to a doctor’s failure to recognize the signs of an emergency situation or a deficiency of a cesarean birth injury attorney fort collins when it is indicated by fetal distress or complications in the vagina.
Other birth injuries can be attributed to the use of birth-assisting tools like forceps or vacuum extractors. These tools are usually safe when used correctly but if a doctor misuses them, it can lead to serious head or facial injuries.
Another type of birth injury that is preventable is the tearing of the brachial plexus. These are nerves that control the arm and hand movements of a newborn. These injuries can be caused by excessive stretching or pulling during labor. The resultant disabilities can range from a temporary weakness to total paralysis.
Families with these and other disabilities are faced with substantial costs throughout their lives. This includes continuing therapy, medications, adaptive equipment such as walkers or wheelchairs, special accommodations, and more. A legal claim will not reverse an injury but it can help families get the resources they need and help health care workers to improve their safety practices during the birthing process.
An experienced California birth trauma lawyer can help families in submitting a medical malpractice claim to seek compensation for their losses. These claims could compensate families for the cost of long-term care for their child, as well as other damages.
Medical Malpractice
When a medical error causes a birth injury, the parents of the baby may feel their entire future was stolen from them. They often face an increasing medical bill as well as emotional trauma and the added stress of caretaking. Families in these situations can be financially relieved by a successful medical malpractice case which allows them to concentrate on their child’s health and recovery.
A medical malpractice case is one that alleges the hospital, doctor or any another healthcare provider violated their duty of care. In the context of birth injuries it means that a doctor or a nurse committed a negligent action prior to, or during, or following birth that caused injury to the mother or child.
A skilled Birth Injury attorney consultation trauma attorney will analyze the facts of your case to determine whether there was a breach of the duty of care. The attorney will determine the those responsible and their policies. This will require accessing the medical records, getting expert opinions and identifying the policies procedures, violations, and policies that occurred during pregnancy and birth. A reputable law firm dealing with birth injury attorney california injuries will likely have medical databases and a team of experts including doctors and nurse case managers.
The legal team will gather evidence to prove that the medical providers did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also present a detailed presentation of damages to your jury so that they can comprehend how the injuries impacted your family and yourself. Damages can be based on economic losses such as lifetime costs of care, as well as non-economic losses such as pain and suffering.
A top-rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare for trial and present your case before a jury of your peers. A successful verdict can bring your family the compensation they need to cover your child’s medical treatment therapies, equipment and other modifications to their home and vehicle. It can also help cover the cost of your child’s care for the rest of their life.
Compensation
The birth of a child is a difficult and stressful time for parents. It can be made even more stressful and exhausting when a child is injured due to 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 pay for future costs of care, treatment, and equipment.
A birth injury lawyer can review your case to determine whether the injuries were the result of medical negligence. The attorney must prove that the actions of the doctor before and after the birth violated accepted standards of professional practice to obtain compensation. This is usually done by reviewing medical records and getting professional opinions.
Many birth injuries can lead to chronic and life-altering health issues. Depending on how severe the injury of your child is, it could require continuous medical treatment, therapy, medication and assistive devices. A successful claim will take into account your child’s estimated treatment needs over their life and seek out compensation to cover all these costs.
In addition to the cost of medical bills, you may also seek compensation for other damages, such as emotional distress. These damages are harder to prove, however an attorney can count on medical experts to assess the damages and award a reasonable amount to compensate you for the harm.
Medical malpractice claims are typically settled outside of court due to the fact that the trial process is stressful, risky and emotionally taxing for the plaintiffs and their families. The jury can easily become biased against hospitals and doctors in these kinds of cases, which is why it is usually more effective to settle the case outside of court.
A birth trauma lawyer can assist you in understanding the statute of limitations applicable to your state and ensure you adhere to these deadlines. They can also advise you on how to locate medical specialists in your region that can assist you in proving your case. Many birth trauma lawyers work at national law firms that have offices across the nation and can handle cases in multiple states.
Time Limits
As with all lawsuits involving medical malpractice there are strict time limits for filing a claim, also 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 attorney can assist families and victims learn about and comply with the statute of limitations so that they don’t miss out on financial compensation.
The timelines for a birth injury claim differ from state to state and are difficult to determine. In general victims have two years from the date of the injury to file a malpractice claim. Minors who cannot make a claim before the age of 18 could be granted an extension of this time.
In the event that the injury is not immediately apparent (such as hypoxic-ischemic brain encephalopathy or cerebral palsy), the timeline may be longer. This is because these ailments may take weeks or years to show up. It is crucial to speak with an experienced lawyer in the earliest time possible in a birth injury claim.
Certain states require that a notification be given within a specified time frame to the defendant health providers that could also impact the statute. Additionally when the health care provider is a public entity or is employed by an agency of government, a different statute of limitations may apply.
Medical malpractice lawsuits are filed with the county court in the region in which the negligence occurred. Parents are the plaintiffs and their hospitals, doctors, and any other medical professionals are the defendants. After the lawsuit is filed and a case number is assigned, it will be assigned a case number and a trial schedule.
While settlements are usually reached prior to trial, some birth injury cases can lead to an appeal to a jury. A skilled birth trauma attorney can assist clients in constructing solid arguments and gather the evidence needed to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money can compensate a victim of their injury, the funds obtained through a successful lawsuit could ease some of the financial burdens associated with the care and treatment of a child who has been injured or mother.