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A Birth Trauma Attorney Can Help You File a Claim A medical error during childbirth can have long-term implications for your family. An attorney for birth trauma can file an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf. These funds can be used to help to cover the cost of your child's life-long treatment, therapies, and medications. It also helps ease the financial burden that usually comes with caring for an injured child. Preventable Birth Injuries Medical specialists who treat women during pregnancy and childbirth can make mistakes that can lead to birth injuries. Some of these injuries are inevitable however, some could have been avoided if the physician or hospital had taken the proper precautions when treating the mother or child. Cerebral Palsy and Erb’s palsy can lead to permanent disabilities. These conditions affect a child's motor abilities and can be caused by a myriad of causes like infections, uterine injury or a poorly-managed labor and delivery. Premature birth can cause serious birth injuries like hematomas or fractures. These injuries can be avoided when doctors keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor. A medical error at birth can also cause cerebral palsy and brain damage in newborns. These injuries are typically caused by a doctor's inability to recognize signs of an emergency or not performing a cesarean birth when fetal distress is present or complications in vagina. Other birth injuries are due to the use of tools for birth like forceps or vacuum extractors. These tools are safe if employed correctly. However, if a doctor misuses these tools, they can cause serious facial or scalp injury. Another kind of birth injury that is preventable is the tear of the brachial plexus. These are nerves which regulate the hand and arm movements of a newborn. These injuries are caused by excessive stretching or pulling during labor. The disabilities that result can range from temporary paralysis up to total disability. Families with disabilities like these face substantial costs that last throughout their lives, including regular therapy and medication and equipment for adaptive use, such as walkers or wheelchairs, and special accommodations. A legal claim will not change the outcome of an injury, but it can help families access the help they require, and encourage health care workers to improve their safety procedures during childbirth. A California birth trauma lawyer can assist families in filing a medical malpractice lawsuit to claim compensation for the losses they've suffered. These claims can compensate a family for the cost of a child's long-term care and other damages. Medical Malpractice Parents of a newborn who suffers birth injuries due to a medical error might feel as if their future is ruined. Parents are often confronted with mounting medical bills, emotional trauma and the added stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief for families in need, so they can focus on their child's health and recovery. A medical malpractice case is one that alleges a doctor, hospital or other healthcare provider has violated their duty of care. In the case of birth injury it means that a doctor or a nurse committed a negligent act prior to, during or after delivery which resulted in injuries 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 responsible parties and their policies. This involves accessing medical records, obtaining expert opinions and identifying the policies, procedures, and violations that occurred during pregnancy and delivery. A reputable birth injury law firm will likely have resources such as medical databases as well as experienced staff members including nurse case managers as well as medical experts. The legal team will collect evidence to show that the medical providers failed to adhere to the accepted standard of care when they caused your child's birth injuries. The lawyer will also provide a detailed damages presentation for the jury to see how the injuries have impacted you and your family. Damages can 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 the insurers on your behalf and fight for a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare for trial and argue your case before an audience of your peers. A successful verdict could grant your family the funds needed to pay for medical treatments as well as equipment and therapies and even modifications to your vehicle and home. knowledgeable birth injury lawyer could also help with the ongoing costs of care due to your child's disability. Compensation The birth of a baby is a stressful and emotional time for parents. It can become more difficult and draining when a child gets injured by mistakes or medical negligence during the delivery process. Parents may sue doctors and hospitals who are at fault for the injuries they've suffered. The money can be used to pay for future costs for care, treatment, and equipment. A birth injury lawyer can review the circumstances of your case and determine if medical malpractice caused the injuries. To be able to claim compensation, your attorney must demonstrate that the actions of the doctor prior to, during and following the birth of your child violated the standards of professional care. Typically, this is done by examining the medical records and getting expert opinions. Many birth injuries can result in long-term health problems that can change your life. Depending on the severity of your child's injuries they might require therapy or medication, as well as assistive devices and ongoing medical treatment. A successful claim will take into account your child's estimated treatment needs over their life and seek out compensation to cover all the costs. You may also receive compensation for losses that are not economic, such as emotional distress. These damages are more difficult to prove, but your attorney will be able to rely on the expertise of medical experts in assessing the damage and then award you a fair amount of money to cover the damage. Medical malpractice cases 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 be biased against doctors and hospitals in these cases, and it's usually more effective 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. They can also help you locate the top medical professionals in your area to strengthen your case. Many birth trauma lawyers work for national law firms with offices across the nation and can handle cases across multiple states. Time Limits As with most lawsuits involving medical malpractice there are strict deadlines to file a claim, referred to as the statute of limitations. If the victim and family miss the deadline they lose their right to compensation. A birth trauma lawyer can assist victims and their families, as well as the court understand and abide with the statutes of limitation to avoid losing any financial recovery. The timelines in a birth injury claim vary from state to state, and can be difficult to determine. Generally speaking, victims have two years to file a malpractice suit from the date of the injury. However, this can be extended for minors who are unable to file an action before the age of 18. For instances where injuries aren't immediately evident such as hypoxic-ischemic disorder (HIE) or conditions like cerebral palsy, the timeline may be extended. These conditions can take several weeks or even many years to manifest. It is crucial to speak with an experienced lawyer immediately in a birth injury claim. Certain states also require a notice of the lawsuit to be delivered to the defendant health care providers within a certain time frame and can affect the time limit. A different statute of limitation may also apply when the health provider is an official of the public sector or an employee of a government agency. 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. Once the lawsuit is filed, it will be assigned a case number and an investigation schedule. While settlements are usually reached prior to trial, some birth injury cases can lead to an appeal to a jury. A skilled attorney for birth trauma can help clients build strong cases and gather evidence to prove medical negligence and get fair compensation for victims. While no amount of money will compensate a victim for their injury, the funds received through a successful lawsuit could reduce some of the financial burdens that come with the care and treatment of a child injured or mother.