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A Birth Trauma Attorney Can Help You File a Claim A medical mistake during childbirth can have long-term consequences for your family. A birth trauma lawyer can submit a claim and negotiate a settlement with insurance for you against the hospital or physician accountable. These funds can be used to to cover the cost of your child's lifetime of treatments and therapies as well as medicines. This could also help reduce the financial burden of caring for a child who has suffered injuries. Preventable Birth Injuries Medical professionals who treat mothers during pregnancy and childbirth could make mistakes that lead to birth injuries. Some of these injuries are unavoidable, but some could have been avoided if the physician or hospital had exercised proper care in treating the mother or child. Cerebral Palsy and Erb's psy are two of the most frequently birth injuries that are preventable and can lead to lifelong disabilities. These conditions impact a child's motor abilities and can be caused by a myriad of causes, including infections, uterine trauma or a poorly-managed labor and delivery. Premature birth can cause serious birth injuries like fractures or hematomas. These injuries can be avoided by having a doctor observe the cervix throughout pregnancy and take all the necessary steps to prevent complications from preterm labor. A medical error during birth can also cause cerebral palsy and brain damage in a newborn. These injuries are often due to a physician's inability to detect the symptoms of an emergency or a deficiency of a cesarean birth when it is accompanied by fetal distress or complications in the vagina. Other birth injuries could be caused by the use of tools that aid in the birth process, such as vacuum extractors or forceps. These tools are safe if employed correctly. However when a doctor uses them, they could cause serious facial or scalp injury. Another kind of birth injury that can be prevented is the tear of the brachial plexus in a newborn's birth, which are nerves that control hand and arm movement. These injuries occur when over pulling or stretching damages the nerves during labor and birth. The resulting disabilities can range from temporary paralysis up to total disability. Families with these and other disabilities face significant expenses throughout their lives. This includes ongoing therapy medication and adaptive equipment like wheelchairs or walkers, special accommodations, and so on. Legal claims cannot reverse an injury, but it can help families get the assistance they require and encourage health care professionals to improve their safety practices during the birthing process. A California birth trauma attorney can assist families to file a medical malpractice lawsuit to seek compensation for the losses they've suffered. These claims can compensate families for the cost of a child's ongoing care and other damages. Medical Malpractice Parents of a newborn who is injured at birth due to an error in medical care may feel that their future is ruined. They are often faced with an increasing medical bill as well as emotional trauma and the added stress of caretaking. These families can be financially relieved by an outcome in a medical malpractice case and can focus on their child’s health and recovery. A medical malpractice case is one in which a doctor, hospital or other healthcare provider has violated their obligation of care. In the context of birth injuries it implies that a doctor or nurse made an error prior to or during birth that caused injury to the mother or baby. A skilled birth trauma attorney will examine the facts of your case to determine whether there was a breach of the duty of care. The attorney will determine the responsible parties and their insurance policies. This requires access to medical records, securing expert opinions, and identifying policies and procedures that were not adhered to during the pregnancy and delivery. A reputable law firm for birth injuries will likely have medical databases and a team of experts including nurse case managers and doctors. The legal team will collect evidence to prove the medical providers failed to meet the accepted standard of care in causing the birth injuries of your child. The lawyer will also present a detailed presentation of damages to your jury to help them comprehend how the injuries impacted your family and yourself. Damages could include economic costs like the cost of lifetime care, as well as non-economic losses like pain and suffering. A highly rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for a fair settlement for you and your family. If a settlement is not reached, the lawyer will prepare for trial and present your case in front of a jury of your peers. A successful verdict could grant your family the compensation required to cover medical treatment as well as equipment and therapies and even modifications to your vehicle and home. It can also help with the lifelong cost of care resulting from your child's disability. Compensation The birth of a child can be a difficult and stressful experience for parents. If a child gets injured during birth due to medical negligence or error, it can be even more difficult. Parents can sue doctors as well as hospitals who are responsible for the injuries they've suffered. The damages could help pay for expenses for future medical treatment, and equipment. A birth injury lawyer will analyze your case to determine whether the injuries were the result of medical malpractice. Your lawyer must prove that the doctor's actions prior to and after the birth violated the accepted standards of professional practice in order to win compensation. This can be accomplished by reviewing medical records and getting professional opinions. Many birth injuries can result in permanent and life-altering health issues. Depending on the extent of your child's injuries they may require therapy or medication, as well as assistive devices and ongoing medical treatment. A successful claim will consider your child's estimated treatment needs over their life and seek out compensation to cover all of these expenses. In addition to the expense of medical bills, you can also seek compensation for other damages, like emotional distress. These are more difficult to prove, however an attorney can count on medical experts to evaluate the damage and determine an appropriate amount to pay for the harm. Medical malpractice cases are typically resolved outside of court because trials can be stressful, risky and emotionally taxing for the plaintiffs and their families. In these situations the jury could be biased against hospitals and doctors. Therefore, it is more effective to settle outside of court. An attorney for birth trauma can explain the statute of limitations in your state and help you meet the deadlines. He or she can also advise you on how to locate the top medical professionals in your area to help strengthen your case. Many birth trauma attorneys are employed by national law firms that have offices across the country and can handle cases across several states. Time Limits As with most lawsuits involving medical malpractice, there are strict time limits for filing a claim, also known as the statute of limitations. If the victim and their family miss the deadline, they forfeit their right to recover any compensation for the injuries. A birth trauma lawyer can assist victims, their families and the court understand and comply with the statutes of limitation to ensure that they do not lose financial compensation. The timelines for a birth injury lawsuit vary from state to state and can be complicated to determine. Generally speaking, victims have two years to file a malpractice suit from the date of the injury. Minors who cannot make a claim before the age of 18 can be granted an extension of this time. In the event that the injury is not immediately apparent (such as hypoxic-ischemic brain encephalopathy or cerebral palsy), the timeline may be longer. This is because these conditions may take weeks or years to manifest. It is essential to contact an experienced lawyer as soon as you can in a birth injury case. Certain states also require a notice of the lawsuit to be provided to the defendant health care providers within a specified time frame and can affect the time limit. A different statute of limitation could also apply when the health provider is an entity that is a public body or an employee of a government agency. Medical malpractice lawsuits can be filed at the county court in which the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical professionals are defendants. Accident Injury Lawyers will be assigned an identification number and a time for trial after it is filed. While settlements are usually reached prior to trial, some birth injury cases go all the way to an appeal to a jury. An experienced birth trauma lawyer can assist clients in constructing solid arguments and gather the evidence needed 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 funds gained through a successful lawsuit can ease some of the financial burdens that come with the care and treatment of a child injured or mother.