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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 attorney can file a claim against the doctor and hospital accountable, and negotiate an insurance settlement on your behalf.

These funds can be used to with the costs of treatments that, therapies and medications your child will require throughout his or her lifetime. This can also help alleviate the financial burden of caring for children who have been injured.

Preventable Birth Injuries

The medical specialists who treat a woman during pregnancy or childbirth could make mistakes that result in birth injuries. Some of these injuries are inevitable however some could have been avoided if the physician or hospital had taken the proper precautions when treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most commonly preventable birth injuries that can cause permanent disabilities. These conditions affect a child's motor abilities and can be caused by a variety of causes such as infections, uterine injury, or a poorly managed labor and birth.

Premature birth can cause serious birth injuries, such as fractures or hematomas. These injuries can be avoided if doctors keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications resulting from preterm labor.

A medical error at birth can also cause cerebral palsy and brain damage in a newborn. These injuries are usually caused by a doctor's inability to spot signs of an emergency or not performing a cesarean birth when the baby is in distress or vaginal problems are present.

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

Another type of birth injury that can be avoided is the tearing of the brachial plexus. These are nerves that control the hand and arm movements of the newborn. These injuries occur when over stretching or pulling damages the nerves during labor and birth. The resultant disabilities vary from temporary weakness to complete paralysis.

Families with these and other disabilities face significant expenses throughout their lifetime. brain damage birth injury include continuing therapy and medications, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and much more. A legal claim won't reverse an injury but it can help families get the assistance they require and help health professionals to enhance their safety practices during childbirth.

A seasoned California birth trauma lawyer can help families in filing a medical negligence claim to seek compensation for their losses. These claims could compensate a family for the cost of a child's long-term treatment and other damages.

Medical Malpractice

When a medical mistake results in an injury to the birth the parents of the newborn might feel that their future was taken away from them. They often face mounting medical bills emotional trauma, the added stress of caring for their child. 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 claim is one in which a doctor, hospital, or another healthcare provider violated their duty of care. In the case of birth injuries this means that a doctor or nurse committed an act of negligence prior to, during, or after the birth, resulting in an injury to the mother or baby.

An experienced attorney with experience in birth trauma will examine your case to determine if there was a breach of the duty of care. The attorney will determine the parties accountable and their insurance policies. This involves accessing medical records, getting expert opinions, and identifying policies, procedures, and violations that occurred during pregnancy and birth. A reliable birth injury law firm will likely have resources like medical databases and experienced staff members including medical experts.

The legal team will collect evidence to show that the medical providers failed to meet the accepted standards of care that caused your child's birth injuries. The lawyer will also provide an extensive damages report for the jury to see how the injuries have affected you and your family. Damages include both economic losses, like the cost of life of care, as well as non-economic losses, such as pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight to get a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare for trial and present your case in front of an audience of your peers. A successful verdict could grant your family the money they need to cover your child's medical treatments therapies, equipment and other modifications to their vehicle and home. It could also help pay for the cost of your child's care throughout their life.

Compensation

The birth of a baby is an emotional and overwhelming time for parents. If a child gets injured during the birth due to medical negligence or error, it can be even more difficult. Fortunately parents can bring a lawsuit against the at-fault hospital and doctors for the damage they suffer. The compensation can be used to cover future costs for care, treatment and equipment.

A birth injury lawyer can analyze your case to determine whether the injuries were the result of medical malpractice. The attorney must prove that the doctor's actions prior to and after the birth violated the accepted standards of professional practice to be able to claim compensation. Typically, this is accomplished by looking over the medical records and obtaining expert opinions.

A variety of birth injuries can lead to long-term health problems that can change your life. Depending on how severe the injury of your child is, it could require ongoing medical treatment, therapy, medications and assistive devices. A successful claim will take into account your child's estimated lifetime treatment needs and will seek sufficient compensation to pay for all of these costs.

In addition to the expense of medical bills, you may also seek compensation for non-economic damages such as emotional distress. These damages are harder to prove, but an attorney can rely on medical experts to evaluate the damage and award a reasonable amount to compensate you for the damage.

Medical malpractice cases are typically settled out of court because a trial is stressful, risky and emotionally taxing for plaintiffs and their families. The jury can easily be biased against doctors and hospitals in these kinds of cases, and it's generally more efficient to settle outside of court.

An attorney for birth trauma can explain the statute of limitations in your state and assist you meet these deadlines. They can also advise you on how to locate the top medical professionals in your area to strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices across the nation. They can handle cases from a variety of states.

Time Limits

Like most lawsuits involving medical malpractice there are strict time limits for filing a claim known as the statute of limitations. If the family of the victim do not meet the deadline, they forfeit their right to compensation. A birth trauma attorney can help victims and their families be aware of and adhere to the statute of limitations to ensure that they don't miss out on a financial recovery.

The timelines for a birth injury case vary from state to state and can be a challenge to determine. In general, victims have up to two years from the date of injury to file a malpractice claim. However, this is often extended for minors who are incapable of filing an action before turning 18.

For instances where injuries aren't immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions such as cerebral palsy, the timeframe may be longer. These conditions may take several weeks or even several years to be apparent. It is important to contact a lawyer with experience as soon as you can for a birth injury claim.

Certain states also require a written notice of the lawsuit to be delivered to the health care providers who are defendants within a certain period of time, which can also affect the statute of limitations. A different statute of limitations may also be applicable when the health provider is a public entity or an employee of a government agency.





Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. Plaintiffs are the parents, whereas defendants are their doctors, hospitals and other medical staff. Once the lawsuit is filed, it will be assigned a case number as well as a trial schedule.

While settlements are often reached prior to trial, some birth injury cases go all the way to the verdict of a jury. A skilled attorney for birth trauma can help clients build strong cases and gather evidence to prove medical malpractice and obtain fair compensation for victims. While no amount can compensate a victim of their injuries, the funds obtained through a successful lawsuit could reduce some of the financial burdens that come with the care and treatment of a child who has been injured or mother.