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A Birth Trauma Attorney Can Help You File a ClaimA medical error during childbirth could have long-term consequences for your family. A birth trauma lawyer can file a claim and negotiate a settlement for you against the doctor or hospital accountable.The funds can be used to help provide your child with a lifelong treatments or therapies as well as medications. It can also alleviate the financial burden that usually is associated with caring for an injured child.Prevention of Birth InjuriesMedical professionals who treat women during pregnancy and childbirth can make mistakes that result in birth injuries. Some of these injuries are inevitable, but others could have been avoided by a hospital or physician who was able to exercise proper care when treating the mother or child.Cerebral palsy and Erb’s palsy can result in permanent disabilities. These conditions affect the motor skills of a child and may be caused by a variety of different causes, including infections, uterine trauma, or mismanaged labor and birth.Premature birth may also cause serious birth injuries, including hematomas or fractures. These injuries can be avoided by having a doctor keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications resulting from preterm labor.A medical error at birth can also cause cerebral palsy and brain damage in a newborn. These injuries are usually caused by a doctor’s inability to recognize the signs of an emergency or performing a cesarean when there is distress in the fetus or vaginal complications are present.Other birth injuries could result from the use of tools to assist in the birth process, such as vacuum extractors and forceps. These tools are safe if employed correctly. However, if a doctor misuses them, they could cause serious scalp or facial injury.Another form of birth injury that can be prevented is the tear of a baby’s brachial nerve, which are nerves that regulate hand and arm movements. These injuries can be caused by excessive stretching or pulling during labor. The resulting disabilities range from temporary weakness to total paralysis.Families who suffer from these disabilities and others have to pay for significant costs throughout their lives. These include continuing therapy and medications, adaptive equipment such as walkers or wheelchairs, special accommodations, and more. A legal claim will not reverse an injury but it can help families access the resources they need, and encourage health care professionals to enhance their safety practices during childbirth.A skilled California birth trauma lawyer can help families in filing a medical negligence claim to recover compensation for their losses. These claims can reimburse families for the costs of a child’s long-term treatment and other damages.Medical MalpracticeWhen a medical error results in an injury to the birth, the parents of the child may feel like their entire life was stolen from them. The parents are often faced by mounting medical costs as well as emotional trauma, and the added stress that comes with caring for their child. Families in these situations are financially reliant through the outcome of a successful medical malpractice lawsuit and can focus on their child’s health and recovery.A medical malpractice case is one in which a doctor, hospital or another healthcare provider is accused of violating their duty of care. In the case of birth injury, this means a physician or a nurse committed a negligent act prior to, during or after birth that caused injury to the mother or child.An experienced lawyer for birth trauma will review your case to determine whether there was a breach in the duty of care. He or she will identify the parties accountable and their insurance policies. This requires accessing medical records, seeking expert opinions and identifying policies, procedures, and violations that occurred during pregnancy and delivery. A reputable law firm for birth injuries is likely to have databases of medical information and a team of experts including doctors and nurse case managers.AccidentInjuryLawyers will gather evidence to prove that the medical professionals did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also present a thorough explanation of damages to the jury to help them comprehend how the injuries impacted your family and you. Damages could include economic costs such as lifetime costs of care, as well as noneconomic losses like pain and suffering.A highly rated birth injury lawyer will negotiate with the insurers on your behalf and will fight for a fair settlement for 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 bring your family the funds needed to pay for treatments, therapies and equipment, as well as modifications to your home and vehicle. It could also help to cover the expenses of caring for your child for the rest of their life.CompensationThe birth of a child is an emotional and overwhelming time for parents. It can be even more difficult and exhausting if a child is injured as a result of medical negligence or error during the delivery process. Parents may sue doctors and hospitals who are at fault for the injuries they’ve suffered. The damages can help cover expenses for future medical treatment and equipment.A birth injury lawyer can review your case to determine if the injuries were the result of medical negligence. In order to win compensation, your lawyer must demonstrate that the actions of the doctor prior to, during and following the birth of your child were in violation of the accepted standards of professional medical care. Usually, this is done by examining the medical records and getting expert opinions.Many birth injuries can cause 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, medication and assistive devices. A successful claim will take into account your child’s projected life-long treatment needs and seek sufficient compensation to pay for all of these costs.In addition to the cost of medical bills, you can 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 when assessing the damage and award you a reasonable amount of money to compensate this harm.Medical malpractice claims are typically resolved outside of court because a trial is risky, stressful and emotionally taxing for plaintiffs and their families. The jury is prone to become biased towards doctors and hospitals in these cases, and it is often more efficient to settle the case outside of court.A birth trauma lawyer can explain the statute of limitations in your state and assist you meet the deadlines. He or she can also advise you on how to find medical specialists in your region who will strengthen your case. Many birth trauma lawyers are employed by national law firms with offices all over the country. They can handle cases from a variety of states.Time LimitsLike most lawsuits involving medical malpractice there are strict deadlines for filing a claim, also known as the statute of limitations. If the victim and family fail to meet the deadline, they lose their right to compensation. A birth trauma attorney can help 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 timeframes for a birth injury case vary by state and may be difficult to determine. In general victims have two years from the date of their injury to file a malpractice lawsuit. Minors who are unable make a claim before the age of 18 may have this time extended.For cases in which the injuries are not immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions like cerebral palsy, the timeframe may be extended. These conditions can take a few weeks or even years to be apparent. This is why it is crucial to speak with an experienced lawyer for birth injury cases as soon as you can.Certain states also require a written notice of the lawsuit to be delivered to the health care providers who are defendants within a specified period of time that can also impact the statute of limitations. In addition when the health care provider is a government company or is employed by an agency of the government the statute of limitations could be in place.Medical malpractice lawsuits can be filed at the county court in which the negligence occurred. Plaintiffs are the parents, and defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned an id number and a date for trial after it is filed.While settlements are usually reached before reaching trial but some birth injuries cases can lead to the verdict of a jury. A skilled attorney for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical malpractice and get fair compensation for the victims. While no amount of money can compensate a victim of their injuries, the funds gained through a successful lawsuit may help alleviate some of the financial burdens that come with the care and treatment of an injured child or mother.