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 for you against the hospital or doctor responsible.
The funds can be used to help to cover the cost of your child's life-long treatment and therapies as well as medicines. This can also alleviate the financial burden of caring for children who have suffered injuries.
Prevention of Birth Injuries
Medical professionals who treat women during pregnancy and childbirth can make mistakes that lead to birth injuries. Some birth injuries are unavoidable. However, some could have easily been prevented 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 common birth injuries that are preventable and can lead to lifelong disabilities. These conditions impact a child's motor skills and can be caused by a variety of causes like infections, uterine injury or a poorly controlled labor and birth.
Premature birth can cause serious birth injuries such as fractures or hematomas. These injuries are preventable when doctors monitor the cervix throughout pregnancy and take the proper steps to avoid any complications that could result from preterm labor.
A medical mistake during the birth process can also result in the loss of oxygen to the newborn, resulting in brain damage and cerebral palsy. 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 indicated by fetal distress, or other complications in the vagina.
Other birth injuries can result from the use of tools that assist in birth, such as vacuum extractors and forceps. These tools are typically safe when used properly but if a doctor uses them improperly, it could cause serious scalp or facial injuries.
Another type of birth injury that can be prevented is the tear of a baby's brachial plexus, which are nerves that regulate hand and arm movement. These injuries can be caused by excessive pulling or stretching during labor. The disabilities that result can range from temporary paralysis up to total disability.
Families who suffer from these disabilities and others are faced with substantial costs throughout their lifetime. These include continuing therapy, medications and adaptive equipment like wheelchairs or walkers, special accommodations, and so on. A legal action will not change the outcome of an
injury attorney, but it can assist families in getting the help they require and also encourage health professionals to improve their safety practices during childbirth.
A California birth trauma attorney can assist families to file a medical malpractice lawsuit to claim compensation for the losses they have suffered. These claims can help families pay for the cost of long-term medical care for a child as well as other damages.
Medical Malpractice
When a medical mistake results in an
injury attorney lawyer to the birth, the parents of the newborn may feel like their entire life was stolen from them. They are often faced with increasing medical bills, emotional trauma, and the added stress of caretaking. Families in these situations can be financially relieved by an outcome in a medical malpractice case, allowing them to focus on their child’s health and recovery.
A medical malpractice case is one where a doctor, hospital or other healthcare provider is accused of not fulfilling their duty of care. In the case of birth injuries this means that a physician or nurse made an act of negligence prior to or during the birth, resulting in an injury to the mother or baby.
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 parties responsible and their insurance policies. This requires accessing medical records, obtaining expert opinions and identifying policies, procedures, and violations that occurred during pregnancy and birth. A reputable birth injury law firm will likely have resources like medical databases as well as experienced staff members such as medical experts.
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 make an extensive explanation of damages to the jury to help them understand how the injuries affected your family and yourself. Damages can include economic losses such as lifetime costs of health care, and noneconomic losses like pain and suffering.
A top-rated birth
injury lawsuit lawyer will negotiate with insurers on your behalf and fight for a fair settlement for you and your family. If no settlement is reached, the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict could grant your family the financial compensation they require to pay for your child's medical treatment, therapies, equipment and even modifications to their vehicle and home. It could also help with the costs of care that result from your child's disability.
Finding Compensation
The birth of a child is a difficult and stressful time for parents. It can become more difficult and exhausting when a child gets injured due to medical negligence or error during the delivery process. Fortunately parents are able to bring a lawsuit against the at-fault hospital and doctors for the damage they endure. The compensation can be used to pay the future expenses of medical treatment and equipment.
A birth injury lawyer can review the circumstances of your case and determine if medical malpractice caused the injuries. The attorney must prove that the doctor's actions before and after the birth breached accepted standards of professional practice to obtain compensation. This can usually be done by reviewing medical records and getting expert opinions.
Many birth injuries can result in chronic health issues that can alter your life. Based on the severity of your child's injury is, it may require regular medical treatment, therapy, medications and assistive devices. A successful claim will consider the estimated requirements for treatment throughout their lifetime and seek sufficient compensation to pay for all these costs.
You may also be eligible for compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, but your
Lawyer near Me Injury can rely on the expertise of medical experts when assessing the damage and then award you a fair amount of money to compensate this harm.
Most medical malpractice claims are settled outside of court, because the trial process can be emotionally draining and dangerous for the plaintiffs. In these cases the jury may become biased against hospitals and doctors. Therefore, it is more efficient to settle the case outside of the courtroom.
A birth trauma
lawyer injury can assist you in understanding the statute of limitations in your state and ensure that you adhere to these deadlines. He or she can advise you on how to locate the best medical experts in your area to strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices all over the country. They can manage cases from several states.
Time Limits
As with most lawsuits involving medical malpractice there are strict time limits to file a claim, referred to as the statute of limitations. If the family members of a victim fail to file their claim within the timeframe, they forfeit their right to recover any compensation for the
injury attorney lawyer.