A Birth Trauma Attorney Can Help You File a Claim
A medical mistake during childbirth could have long-term implications for your family. A birth trauma attorney can bring a claim against the hospital and doctor responsible, negotiating an insurance settlement on your behalf.
These funds can help provide the treatment that, therapies and medications your child will require throughout his or her lifetime. It can also alleviate the financial burden that typically comes with caring for a child who has been injured.
Birth Injury Prevention
Medical professionals who treat mothers during pregnancy and childbirth could make mistakes that lead to birth injuries. Some of these injuries are inevitable, but others could have been avoided if the physician or hospital had exercised proper care in treating the mother or child.
Cerebral Palsy and Erb's Palsy can result in permanent disabilities. These conditions affect the motor abilities of a child and may be attributed to a number of different causes, including infections, uterine injuries or mismanaged labor and delivery.
Premature birth can result in serious birth injuries, such as hemorrhagic fractures or fractures. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take the appropriate steps to avoid any complications that could arise from preterm labor.
A medical mistake during birth can also result in cerebral palsy and brain damage in a newborn. These injuries are typically caused by a doctor failing to recognize signs of an emergency or not performing a cesarean birth when the baby is in distress or vaginal complications are present.
Other birth injuries are due to the use of birth-assisting tools such as forceps or vacuum extractors. These tools are typically safe when used properly, but when a physician uses them improperly, it could cause serious facial or scalp injuries.
Another type of birth injury that can be avoided is the rupture of the brachial nerve. These are nerves that control the arm and hand movements of newborns. These injuries can be caused by excessive pulling or stretching during labor. The results can range from temporary paralysis up to total disability.
Families with disabilities such as these have to pay for significant costs throughout their lifetime. These include continuing therapy, medications, adaptive equipment such as wheelchairs or walkers, special accommodations, and more. A legal claim cannot reverse an injury, but it can assist families in obtaining the help they require and encourage health care professionals to improve their safety practices during the birthing process.
A seasoned California birth trauma lawyer can help families in submitting a medical malpractice claim to obtain compensation for their losses. These claims can reimburse families for the costs of a child's long-term treatment and other damages.
Medical Malpractice
If a medical error results in birth injuries the parents of the baby might feel that their future was stolen from them. They may be faced with increasing medical bills, emotional trauma, and the added stress of caretaking. Families with financial strains can benefit financially from a successful medical malpractice case, allowing them to focus on their child's health and recovery.
A medical malpractice case is one in which a doctor, hospital or other healthcare provider breached their duty of care. In the case of birth injuries this means that a physician 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 review 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 requires accessing medical records, getting expert opinions, and identifying policies procedures, policies, and violations that occurred during pregnancy and delivery. A reputable birth injury law firm will also likely have resources like medical databases and knowledgeable staff members, including nurse case managers as well as medical experts.
The legal team will collect evidence to prove that the medical professionals did not meet the accepted standards of care when they caused the birth injuries of your child. The lawyer will also prepare a detailed damages presentation for the jury to see how the injuries have affected you and your family. Damages can be based on economic losses such as lifetime costs of health care, and non-economic losses such as pain and suffering.
A highly-rated lawyer who specializes in birth injuries will negotiate on your behalf with insurers and fight for a fair settlement for your and your family. If no settlement is 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 require to pay for your child's medical treatment and equipment, therapies and even modifications to their vehicle and home. It could also help pay for the costs of your child's medical care for the rest of their life.
Compensation
The birth of a baby is a difficult and stressful moment for parents. If a child is injured during the birth due to errors or negligence in the medical field it could be more difficult. Fortunately parents can file a lawsuit against at-fault doctors and hospitals for the damages they suffer. The damages can be used to pay for future costs for care, treatment and equipment.
A birth injury attorney can examine the facts of your case and determine if malpractice in the medical field caused the injuries. In order to win compensation, your lawyer must show that the doctor's actions prior to, during and after the birth of your child were in violation of the standards of professional care. This can be accomplished by reviewing medical records and obtaining expert opinions.
Many birth injuries can result in chronic and life-altering health issues. Based on the severity of your child's injuries they may require therapy and medication, assistive devices, and ongoing medical treatments. 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 expenses.
In addition to the expense of medical bills, you can also claim compensation for other damages, like emotional distress. These damages are more difficult to prove, however your attorney can rely on the expertise of medical experts when assessing the damage and award you a fair amount of money to cover this harm.
Medical malpractice cases are usually settled outside of court due to the fact that a trial is risky, stressful and emotionally draining for plaintiffs and their families. In these instances the jury may be biased towards hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom.
A birth trauma lawyer can explain the statute of limitations in your state and assist you meet the deadlines. He or she can guide you on how to find the best medical specialists in your region 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
The time limit for filing a lawsuit is the same as with most lawsuits that involve medical malpractice. If the family and victim fail to meet the deadline, they lose their right to receive compensation. A birth trauma lawyer can assist victims and their families, as well as the court understand and abide with statutes of limitations to avoid losing any financial recovery.
The timeframes for a birth injury claim differ from state to state, and can be difficult to determine. Generally, victims have two years to file a lawsuit for malpractice starting from the date of injury. However, this can be extended for minors if they are not able to file an action before turning 18.
In cases where the damage isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. These conditions can take several weeks or even years to develop. This is why it is so important to contact an experienced lawyer for birth injury cases as soon as you can.
Certain states require that a notification be delivered within a specific time frame to the health providers who are defendants, which may also affect the statute. Additionally when the health care provider is a government company or is employed by an agency of the government an alternative statute of limitations could apply.
Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. The plaintiffs are parents, and the defendants are their doctors, hospitals and other medical staff. Once the lawsuit is filed and accepted, it will be assigned a case number as well as an investigation schedule.
Some birth injury cases are resolved prior to trial. But, other cases are decided by a jury. birth injury attorney kansas city can assist clients in constructing a strong case and gather necessary evidence to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money can compensate a victim for their injuries, the money received through a successful lawsuit could help alleviate some of the financial burdens associated with the care and treatment of an injured child or mother.