A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth can have lasting effects on your family. A birth trauma attorney can bring a claim against the hospital and doctor accountable, and negotiate an insurance settlement on your behalf.

These funds can be used to pay for the treatments, therapies and medications your child will require throughout his or her life. It can also alleviate the financial burden that typically accompanies caring for an injured child.

Preventable Birth Injuries

The medical specialists who treat a woman during pregnancy or childbirth could make mistakes that lead to birth injuries. Some georgia birth injury attorneys injuries are unavoidable. However, others 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 are two of the most frequently preventable birth injuries that can lead to lifelong disabilities. These conditions affect the motor skills of a child. They can be attributed to a number of causes, including infections, uterine injuries or a mishandled labor and delivery.

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

A medical error during the birth process could cause oxygen deprivation in babies, leading to brain damage and cerebral palsy. These injuries are often caused by a doctor's inability to recognize the signs of an emergency situation or a lack of a cesarean birth when it is indicated by fetal distress or problems in the vagina.

Other birth injury attorneys injuries can result from the use of tools to assist in birth, such as vacuum extractors and forceps. These tools are usually safe if used correctly however, if a doctor misuses them, it can result in serious head or facial injuries.

Another type of birth injury that is preventable involves the tear of a baby's brachial nerve, which are nerves that control arm and hand movement. These injuries are caused by excessive stretching or pulling during labor. The resulting disabilities range from a temporary weakness to total paralysis.

Families with disabilities such as these have to pay for significant costs throughout their lives. They are able to pay for regular therapy and medications and adaptive equipment, such as wheelchairs or walkers, special accommodations, and so on. A legal claim cannot change the outcome of an injury, but it can help families obtain the help they require and encourage health care professionals to improve safety practices during the birthing process.

A California birth trauma lawyer can help families file an medical malpractice lawsuit to claim compensation for the harm they've suffered. These claims can compensate families for the cost of a child's long-term care and other damages.

Medical Malpractice

The parents of a baby who is injured at birth due to an error in medical care might feel as if their future is in jeopardy. The parents are often faced by mounting medical bills, emotional trauma and the stress that comes with caring for their child. Families in these situations can be financially relieved by the outcome of a successful medical malpractice lawsuit which allows them to concentrate on their child’s health and recovery.

A medical malpractice case is one in which the hospital, doctor or other healthcare provider breached their obligation of care. In the case of birth injury attorney bronx injury it means that a doctor or a nurse committed a negligent action prior to, during, or after the birth, resulting in injury to the mother or child.

An experienced birth trauma attorney will review the facts of your case to determine if there was a breach of the duty of care. He or she will identify the responsible parties and their insurance policies. This involves accessing medical records, obtaining expert opinions and identifying policies procedures, violations, and policies that occurred during pregnancy and birth. A reputable law firm for birth injuries is likely to have databases of medical information and a team of experts including nurse case managers and doctors.

The legal team will collect evidence to prove that the medical professionals did not meet the accepted standards for medical care, resulting in birth injuries to your child. The lawyer will also make a detailed presentation of damages to your jury so that they can comprehend how the injuries impacted your family and yourself. Damages include economic losses like the cost for life of care and noneconomic losses, such as suffering and pain.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurance companies and fight for a fair settlement for you and your family. If a settlement is not reached, the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict can bring your family the money they need to pay for your child's medical treatment and equipment, therapies, and modifications to their vehicle and home. It can also assist with the cost of care resulting from your child's disability.

Obtaining Compensation

Birthing a child can be a stressful and stressful experience for parents. It can be even more stressful and exhausting when a child gets injured as a result of mistakes or medical negligence during the delivery process. Parents can sue doctors as well as hospitals who are responsible for the harm they suffered. The compensation can be used to cover expenses for future medical treatment, and equipment.

A birth injury lawyer will review your case to determine if the injuries were caused by medical malpractice. Your attorney must prove the actions of the doctor before and after the birth breached the accepted standards of professional practice to obtain compensation. Typically, this is done by examining the medical records and obtaining expert opinions.

Many birth injuries can cause permanent and life-altering health issues. Based on the severity of your child's injury is it may require regular medical treatment, therapy, medication and assistive devices. A successful claim will take into account the estimated needs of your child's medical treatment throughout their life and seek out compensation to cover all of the costs.

In addition to the expense of medical bills, you may also recover compensation for non-economic damages like emotional distress. These damages are more difficult to prove, however your attorney will be able to count on the expertise of medical experts in assessing the damage, and award you a fair amount of money to compensate for the damage.

Medical malpractice cases are usually resolved outside of court because the trial process is stressful, risky and emotionally taxing for plaintiffs and their families. In these situations, the jury can be biased against hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom.

A birth trauma attorney can explain the statute of limitations in your state and help you meet the deadlines. They can also advise you on how to find medical professionals in your area who will strengthen your case. Many birth trauma lawyers are employed by national law firms that have offices across the country. They are able to manage cases from several states.

Time Limits

Like most lawsuits involving medical negligence, there are strict deadlines for filing a claim, also known as the statute of limitations. If a victim and their family do not file their claim by the deadline, they forfeit their right to claim compensation for the injury. A birth trauma attorney can assist victims and their families be aware of and adhere to the statute of limitations to ensure that they don't forfeit on a financial recovery.

The timelines in the case of a birth injury lawsuit differ from state to state and are difficult to determine. Generally, victims have two years to file a lawsuit for malpractice within two years of the date of the injury. However, this is often extended for minors if they are not able to file a claim before they turn 18.

In cases where the injuries are not immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeframe could be extended. These conditions can take several weeks or even several years to be apparent. This is why it's essential to get in touch with an experienced lawyer for a birth injury case immediately.

Some states also require a written notice of the lawsuit to be delivered to the defendant health care providers within a specified period of time that can also impact the statute of limitations. Furthermore when the health care provider is a government entity or is employed by an agency of the government, a different statute of limitations may apply.

Medical malpractice lawsuits may be filed at the county court where the negligence occurred. Parents are the plaintiffs and their doctors, hospitals and other medical personnel are the defendants. The lawsuit will be assigned an id number and a date for trial after it is filed.

While settlements are usually reached prior to trial however, some birth injury cases can lead to a jury verdict. A skilled birth trauma attorney can help clients build a strong case and gather evidence necessary to prove medical negligence and obtain an appropriate amount of compensation for the victim. While no amount of money can compensate a victim of their injuries, the funds obtained through a successful lawsuit may help alleviate some of the financial burdens associated with the care and treatment of a child who has been injured or mother.