A Birth Trauma Attorney Can Help You File a Claim
A medical error during childbirth could have long-term consequences for your family. A birth trauma attorney can make an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can pay for the treatments, therapies and medications your child will need throughout his or her life. It also helps ease the financial burden that typically is associated with caring for an injured child.
Preventable Birth Injuries
Medical doctors who treat women during pregnancy and childbirth may make mistakes that lead to birth injuries. Some birth injuries are unavoidable. However, some could have been avoided by a doctor or hospital if they had followed the correct protocol when treating the mother.
Cerebral Palsy and Erb's Palsy can lead to permanent disabilities. These conditions impact a child's motor skills and are caused by a myriad of causes such as infections, uterine trauma or a poorly-managed labor and birth.
Premature birth can also result in serious birth injuries, such as fractures or hematomas. These injuries are preventable when doctors monitor the cervix during pregnancy and take the proper steps to avoid complications that can result from preterm labor.
A medical error during birth can cause cerebral palsy and brain damage in newborns. These injuries are often due to a physician's inability to detect the signs of an emergency or a lack of a cesarean section when it is accompanied by fetal distress or problems in the vagina.
Other birth injuries can be caused by the use of instruments that aid in the birth process, such as vacuum extractors or forceps. These tools are safe if used correctly. However when a doctor uses these tools, they can cause serious facial or scalp injuries.
Another type of birth injury that can be prevented is the tear of a baby's brachial nerve which are nerves that control hand and arm movements. These injuries occur when over stretching or pulling damage the nerves during labor and birth. The resulting disabilities range from temporary weakness to complete paralysis.
Families who suffer from these and other disabilities face massive costs that last for all their lives, which includes regular therapy and medication, adaptive equipment like walkers or wheelchairs, as well as special accommodations. A legal claim can't change the outcome of an injury, but it can assist families in obtaining the resources they need and motivate health care workers to improve safety measures during the birthing process.
A California birth trauma attorney can assist families to file an action for medical malpractice to claim compensation for the losses they've suffered. These claims can compensate families for the cost of long-term care for their child, as well as other damages.
Medical Malpractice
When a medical error results in a birth injury the parents of the child may feel like their entire life was stolen from them. Parents are often faced with mounting medical bills, emotional trauma and the added stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief for these families so they can concentrate on their child's health and recovery.
A medical malpractice claim is one in which the hospital, doctor or any other healthcare provider breached their obligation of care. In the case of birth injuries it means that a physician or nurse made an act of negligence prior to, during, or after delivery that resulted in an injury to the mother or baby.
A skilled birth trauma attorney will examine the facts of your case to determine if there was a breach of the duty of care. He or she will identify those responsible and their policies. This will require accessing the medical records, getting expert opinions, and identifying policies procedures, policies, and violations that were committed during pregnancy and during delivery. A reliable birth injury law firm will also likely have resources like medical databases as well as experienced staff members including nurse case managers and medical experts.
The legal team will gather evidence to prove the medical professionals did not adhere to the accepted standard of care when they caused the birth injuries of your child. The lawyer will also present an in-depth damages presentation to your jury to comprehend how the injuries affected you and your family. Damages can include both economic losses, like the cost for life of care and noneconomic losses, like pain and suffering.
A highly rated birth injury lawyer will negotiate with insurers on your behalf and fight to recover a fair settlement for you and your family. If a settlement is not reached, he or she will prepare for trial and argue your case before an audience of your peers. A successful verdict can bring your family the money they need to cover the medical treatment of your child and equipment, therapies and even modifications to their vehicle and home. It can also help cover the costs of your child's medical care throughout their life.
Compensation
The birth of a baby can be an emotional and stressful experience for parents. If a child gets injured during birth due to mistakes or medical negligence, it can be even more difficult. Fortunately, parents can file a lawsuit against the hospitals and doctors at fault for the damage they endure. The damages can be used to pay for the future expenses of medical treatment and equipment.
A birth injury lawyer can analyze your case to determine whether the injuries resulted from medical malpractice. Your lawyer must prove that the doctor's actions prior to and after the birth, violated the standards of practice for professionals to obtain compensation. This is usually done by reviewing medical records and getting expert opinions.
A variety of birth injuries can lead to long-term health problems that can alter your life. Depending on how severe your child's injury is, it could require continuous medical treatment, therapy, medications and assistive devices. A successful claim will take into account your child's projected lifetime treatment needs and will be able to obtain a fair amount of compensation for all of these costs.
In addition to the expense of medical bills, you can also claim compensation for non-economic losses such as emotional distress. These are more difficult to prove, however an attorney can rely on medical experts to evaluate the damage and award a reasonable amount to compensate you for the harm.
Medical malpractice cases are usually settled out of court because trials can be risky, stressful and emotionally taxing for the plaintiffs and their families. In these situations, the jury can be biased towards hospitals and doctors. It is therefore more efficient to settle outside of the courtroom.
A birth trauma attorney can explain the statute of limitations in your state and assist you meet these deadlines. They can also help you locate the best medical experts in your region to strengthen your case. Many birth trauma lawyers work for 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 deadlines for filing a claim known as the statute of limitations. If the victim and their family do not file their claim by the deadline, they forfeit their right to recover any compensation for the injury. birth injury attorney pittsburgh can help victims and their families understand and comply with the statute of limitations so that they don't forfeit on a financial recovery.
The timeframes for a birth injury case vary by state and may be difficult to determine. In general the state of California, victims have two years from the date of injury to file a malpractice suit. However, this can be extended for minors if they are unable to file an action before the age of 18.
For cases in which the injuries aren't immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions like cerebral palsy, the timeframe can be longer. This is because these conditions may take weeks or years to appear. This is why it is so important to contact an experienced lawyer to handle birth injury cases as soon as possible.
Some states require that a notification be delivered within a specific timeframe to the health providers who are defendants and may affect the statute. A different statute of limitations 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 region where the negligence occurred. The plaintiffs are parents, whereas the defendants are their doctors hospitals, and other medical personnel. The lawsuit will be assigned an id number and a date for the trial once it is filed.
Some birth injury cases can be resolved before trial. But, other cases are decided by a jury. A skilled attorney for birth trauma can help clients build solid arguments and gather evidence necessary to prove medical negligence and obtain fair compensation for the victim. A victim's injury cannot be compensated through money, but the funds which are earned from a successful lawsuit may help ease the financial burdens of a mother or child who is injured.