A Birth Trauma Attorney Can Help You File a Claim
A medical error during childbirth could have long-term effects for your family. A birth trauma lawyer can make a claim and negotiate a settlement for you against the doctor or hospital responsible.
The funds can be used to pay for your child's lifetime of treatments or therapies as well as medications. It can also alleviate the financial burden that usually accompanies caring for a wounded child.
Birth Injury Prevention
Medical professionals who treat mothers during pregnancy and childbirth may make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, birth injury attorney pittsburgh could have been prevented if the hospital or physician had followed the correct protocol when treating the mother.
Cerebral palsy and Erb's palsy can cause lifelong disabilities. These conditions affect the motor skills of a child and may be attributed to a number of different causes, including infections, uterine trauma, or mismanaged labor and delivery.
Premature birth can also result in serious birth injuries, such as fractures or hematomas. These injuries can be avoided by having a doctor monitor the cervix throughout pregnancy and take the necessary steps to prevent complications from preterm labor.
A medical error during the birth process can also result in the loss of oxygen to the newborn, resulting in brain damage and cerebral palsy. These injuries are often caused by a doctor's inability to detect the signs of an emergency or a lack of a cesarean birth when it is indicated by fetal distress, or other complications in the vagina.
Other birth injuries can be attributed to the use of birth-assisting tools like forceps or vacuum extractors. These tools are safe when used in a safe manner. However when a doctor uses them, they could cause serious facial or scalp injury.
Another type of birth injury that can be avoided is the tearing of the brachial plexus. These are nerves that control the hand and arm movements of newborns. These injuries can be caused by excessive pulling or stretching during labor. The disabilities that result can vary from temporary paralysis to total disability.
Families dealing with disabilities like these face massive costs that last for all their lives, which includes regular therapy and medication and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. A legal claim won't reverse an injury but it can assist families in getting the resources they need and help health care workers to improve their safety procedures during the birthing process.
A California birth trauma attorney can assist families in filing an medical malpractice lawsuit to recover compensation for the damages they have suffered. These claims can reimburse families for the cost of a child's long-term treatment as well as other damages.
Medical Malpractice
The parents of a child who is injured at birth due to an error in medical care might feel as if their future is ruined. They may be faced with increasing medical bills as well as emotional trauma and the added stress of caring for their child. Families with financial strains can benefit financially from the outcome of a successful medical malpractice lawsuit, allowing them to focus on their child's health and recovery.
A medical malpractice claim is one in which a hospital, doctor or any another healthcare provider violated their duty of care. In the case of birth injury, this means a physician or nurse committed a negligent action prior to, or during, or following delivery which resulted in injuries to the mother or child.
An experienced 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 parties accountable and their insurance policies. This requires accessing medical records, obtaining expert opinions and identifying policies procedures, violations, and policies that occurred during pregnancy and delivery. A reliable birth injury law firm will also likely have resources such as medical databases as well as experienced staff members including nurse case managers and medical experts.
The legal team will collect evidence to show that the medical professionals did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will also provide an in-depth damages presentation to your jury to comprehend how the injuries affected you and your family. Damages include economic losses like the cost for life of care as well as non-economic losses, such as suffering and pain.
A highly rated birth injury lawyer will negotiate with insurers on your behalf and will fight for a fair settlement for your family. If a settlement cannot be reached, he or she will prepare for trial and argue your case before an audience of your peers. A successful verdict could bring your family the financial compensation they need to cover the medical treatment of your child and equipment, therapies, and modifications to their vehicle and home. It can also assist with the ongoing cost of care resulting from your child's disability.
Compensation
The birth of a child can be a difficult and overwhelming experience for parents. It can become more difficult and draining if a child is injured due to errors or negligence in the birth process. Parents may sue doctors and hospitals who are at fault for the damages they have suffered. The damages can be used to cover future costs of care, treatment, and equipment.
A birth injury lawyer will examine your case to determine if the injuries were the result of medical negligence. Your attorney must prove the doctor's actions before and after the birth violated the standards of practice for professionals in order to win compensation. Usually, this is accomplished by looking over the medical records and getting expert opinions.
Many birth injuries can cause long-term and life-altering health problems. Depending on how severe your child's injury is, it may require ongoing medical treatment, therapy, medication and assistive devices. A successful claim will take into account the estimated lifetime treatment needs and will seek sufficient compensation to pay for all of these expenses.
In addition to the expense of medical bills, you can also claim compensation for non-economic damages like emotional distress. These damages are difficult to prove, however an attorney can rely on medical experts to evaluate the damages and award a reasonable amount to pay for the harm.
Most medical malpractice claims are settled out of court, because the trial process can be stressful, emotionally draining and dangerous for the plaintiffs. In these cases the jury could become biased against hospitals and doctors. It is therefore more effective to settle outside of the courtroom.
A birth trauma lawyer can help you understand the statute of limitations applicable to your state and ensure that you adhere to these deadlines. He or she can also advise you on how to locate 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 nation. They are able to handle cases from multiple states.
Time Limits
The statute of limitations is the same for most lawsuits that involve medical malpractice. If a victim and their family do not file their claim by the deadline and fail to file a claim, they forfeit their right to claim compensation for the injury. A birth trauma lawyer can assist victims, their families and the court to understand and comply with the statute of limitations to avoid losing financial recovery.
The timelines for a birth injury lawsuit vary by state and may be difficult to determine. In general the state of California, victims have two years from the date of the injury to file a malpractice suit. Minors who are unable file a claim by the age of 18 could have this time extended.
In cases where the damage isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the timeline could be longer. This is because these ailments may take weeks or years to show up. This is why it is essential to get in touch with an experienced lawyer for a birth injury case as soon as possible.
Certain states also require a written notice of the lawsuit to be provided to the health care providers who are defendants within a set time frame that can also impact the time limit. A different statute of limitations may also apply when the health provider is a public entity or an employee of a government agency.
Medical malpractice lawsuits are filed with the county court in the area in which the negligence occurred. Plaintiffs are parents, whereas the defendants are their doctors hospitals, and other medical personnel. After the lawsuit is filed and accepted, it will be assigned a case number as well as a trial schedule.
Although settlements are typically reached before reaching trial, some birth injury cases are able to go to an appeal to a jury. A skilled birth trauma attorney can assist clients in constructing a strong case 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 obtained through a successful lawsuit can ease some of the financial burdens that come with the treatment and care of a child injured or mother.