Russ Meacham

A Birth Trauma Attorney Can Help You File a Claim

A mistake made during childbirth may have long-term effects on your family. A birth trauma attorney can bring an action against the doctor and hospital accountable, and negotiate an insurance settlement on your behalf.

These funds can with the costs of treatments, therapies and medications your child will need throughout their lives. This could also help reduce the financial burden of caring for the child who has been injured.

Birth Injury Prevention

The medical doctors who treat women during pregnancy and childbirth may make mistakes that lead to birth injuries. Certain birth injuries are inevitable. However, others could have been avoided in the event that the doctor or hospital took the proper precautions when treating the mother.

Cerebral palsy and Erb's palsy can lead to permanent disabilities. These conditions impact a child's motor skills and can be caused by a variety of factors, including infections, uterine injury, or a poorly managed labor and delivery.

Premature birth can also result in serious birth injuries, like fractures or hematomas. These injuries are preventable when doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid complications that may arise from preterm labor.

A medical error in the birth process can also result in oxygen deprivation for a newborn, leading to brain damage and cerebral palsy. These injuries are typically caused by a doctor's inability to spot signs of an emergency or not performing a cesarean if the baby is in distress or vaginal problems are present.

Other birth injuries are related to the use of tools for birth such as forceps or vacuum extractors. These tools are safe when employed correctly. However when a doctor uses them, they could cause serious facial or scalp injury.

Another kind of preventable birth injury involves the tearing of a baby's brachial nerve which are nerves that regulate arm and hand movement. These injuries occur when over pulling or stretching damages the nerves during labor and delivery. The resulting impairments range from a temporary weakness to total paralysis.

Families who suffer from these disabilities and others face significant expenses throughout their lives. This includes continuing therapy, medications and adaptive equipment like walkers or wheelchairs, as well as special accommodations, and much more. A legal claim can't reverse an injury, but it can help families get the help they require and also motivate health professionals to improve safety measures during the birthing process.

An experienced California birth trauma lawyer can assist families in filing a medical negligence claim to obtain compensation for their losses. These claims can reimburse a family for the cost of a child's ongoing treatment and other damages.

Medical Malpractice

When a medical error causes a birth injury attorneys near me, the parents of the baby may feel like their entire life was taken away from them. Parents are often confronted by mounting medical bills as well as emotional trauma, and the stress of caring for their child. Families in these situations are financially reliant through an outcome in a medical malpractice case and can focus on their child’s health and recovery.

A medical malpractice claim is one that asserts that the hospital, doctor, or another healthcare provider violated their obligation of care. In the case of birth injuries it means that a physician or nurse committed a negligent act before, during, or after birth that caused injury to the mother or baby.

A skilled birth trauma attorney will analyze the facts of your case to determine if there was a breach of duty of care. The attorney will determine the responsible parties and their insurance policies. This requires accessing medical records, seeking expert opinions and identifying the policies, procedures, and violations that were committed during pregnancy and during delivery. A reputable birth injury law firm will also likely have resources like medical databases and experienced staff members, including medical experts.

The legal team will collect evidence to prove the medical professionals failed to meet the accepted standard of care when they caused the birth injuries of your child. The lawyer will also prepare an extensive damages report for your jury to understand how the injuries affected you and your family. Damages include both economic losses, such as the lifetime costs of care as well as non-economic losses, such as pain and suffering.

A highly rated birth injury lawyer will negotiate with the insurers on your behalf and fight for an equitable settlement for your family. If a settlement is not 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 money required to cover medical treatment, therapies and equipment, as well as modifications to your vehicle and home. It can also help with the ongoing costs of care that result from your child's disability.

Compensation

The birth of a baby is an emotional and overwhelming moment 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 sue at-fault doctors and hospitals for the harm they endure. The compensation can be used to cover expenses for future medical treatment, and equipment.

A birth injury attorney will review the circumstances of your case and determine if malpractice in the medical field caused the injuries. To win the compensation you deserve, your lawyer must prove that the doctor's actions before, during and after the birth of your child was in violation of the standards of professional medical care. This is usually done by reviewing medical records and obtaining professional opinions.

Many birth injuries can cause long-term health issues that could change your life. Based on the severity of your child's injury is, it may require regular medical treatment, therapy, medications and assistive devices. A successful claim will take into account the treatment needs of your child throughout their life and seek out compensation to cover all these expenses.

In addition to the expense of medical bills, you can also seek compensation for non-economic damages such as emotional distress. These damages are more difficult to prove, but your lawyer injury near me will be able to count on the expertise of medical experts when assessing the damage and award you a reasonable amount of money to cover the damage.

Medical malpractice cases are typically settled out of court because a trial is risky, stressful and emotionally taxing for plaintiffs and their families. In these instances, the jury can become biased against hospitals and doctors. Therefore, it is more effective to settle outside of court.

A birth trauma lawyer injury can explain the statute of limitations in your state and assist you meet the deadlines. They can also advise you on how to locate the top medical professionals in your area to help strengthen your case. Many birth trauma lawyers work at national law firms that have offices across the nation and can handle cases in multiple states.

Time Limits

As with all lawsuits involving medical negligence, there are strict time limits to file a claim, referred to as the statute of limitations. If the victim and their family do not file their claim by the deadline then they lose their right to recover any compensation for the injury. A birth trauma lawyer can assist victims and their families as well as the court understand and comply with the statutes of limitation to avoid losing financial recovery.

The timeframes for a birth injury case vary by state and may be complicated to determine. Generally, victims have two years to file a malpractice lawsuit starting from the date of injury. However, this is often extended for minors in the event that they are unable to file an action before the age of 18.

For cases in which the injuries aren't immediately apparent like hypoxic-ischemic brain injury lawsuits (HIE) or conditions like cerebral palsy, the timeline may be extended. This is due to the fact that these conditions can take weeks or years to manifest. This is why it's crucial to speak with an experienced lawyer to handle a birth injury case as soon as possible.

Some states also require notice of the lawsuit to be delivered to the defendant health care providers within a specified time frame, which can also affect the time limit. A different statute of limitation may also apply if the health provider is an entity that is a public body or an employee of an agency of the government.

Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. The parents are the plaintiffs and their doctors, hospitals, and any other medical staff are defendants. The lawsuit will be assigned a number and a date for the trial after it is filed.

Although settlements are typically reached before reaching trial, some birth injury cases can lead to a jury verdict. A skilled birth trauma attorney can help clients create an effective 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 injury attorney near me, the funds received through a successful lawsuit can ease some of the financial burdens associated with the care and treatment of a child who has been injured or mother.