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A Birth Trauma Attorney Can Help You File a Claim A medical error in childbirth can have lasting effects on your family. An attorney for birth trauma can file a claim against the doctor and hospital accountable, and negotiate an insurance settlement on your behalf. The funds can be used to provide your child with a lifelong treatments and therapies as well as medicines. It can also alleviate the financial burden that typically is associated with caring for an injured child. Preventable Birth Injuries Medical professionals who treat women during pregnancy and childbirth could make mistakes that result in birth injuries. Some of these injuries are inevitable however 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 impact a child's motor skills and are caused by a myriad of causes like infections, uterine injuries or a poorly controlled labor and delivery. Accident Injury Lawyers can also cause serious birth injuries, such as fractures or hematomas. These injuries are preventable when doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid complications that may result from preterm labor. A medical error at birth can cause cerebral palsy and brain damage in a newborn. These injuries are often caused by a doctor's inability to detect the signs of an emergency or the absence of a cesarean birth when it is accompanied by fetal distress or problems in the vagina. Other birth injuries can be attributed to the use of tools for birth like forceps or vacuum extractors. These tools are safe if used correctly. However, if a doctor misuses them it can cause serious facial or scalp injury. Another kind of birth injury that can be avoided is the tear of the brachial plexus. These are nerves that control the hand and arm movements of a newborn. These injuries can be caused by excessive stretching or pulling during labor. The disabilities that result can vary from temporary paralysis to total disability. Families with these and other disabilities have to pay for significant costs throughout their lives. This includes regular therapy medication and adaptive equipment like walkers or wheelchairs, as well as special accommodations, and more. A legal action will not change the outcome of an injury, but it can assist families in getting the resources they need and help health 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 claim compensation for the damages they've suffered. These claims can help families pay for the cost of long-term care for a child and other damages. Medical Malpractice When a medical error causes a birth injury the parents of the child may feel their entire future was stolen from them. They may be faced with increasing medical bills, emotional trauma, and the added stress of caretaking. A successful medical malpractice lawsuit can bring financial relief to families in need, so they can concentrate on their child's health and recovery. A medical malpractice case is one that asserts that a doctor, hospital, or other healthcare provider breached their duty of care. In the case of birth injuries this means that a doctor or a nurse committed a mistake prior to, during or after the birth, resulting in injury to the mother or child. An experienced attorney with experience in birth trauma will analyze your case to determine whether there was a breach in the duty of care. The attorney will determine the responsible parties and their policies. This will require accessing medical records, obtaining expert opinions, and identifying the policies and procedures that were not followed during the pregnancy and delivery. A reputable law firm for birth injuries is likely to have databases for medical issues and personnel with experience including doctors and nurse case managers. The legal team will collect evidence to show that the medical providers did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will then present an extensive explanation of damages to the jury to help them be aware of how the injuries impacted your family and yourself. Damages include both economic losses, like the cost of life of care and noneconomic losses, such as pain and suffering. A top-rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for an equitable settlement for you and your family. If a settlement is not reached, the lawyer will prepare for trial and present your case before a jury of your peers. A successful verdict could grant your family the financial compensation they need to pay for the medical treatment of your child therapies, equipment and other modifications to their home and vehicle. It can also help with the cost of care resulting from your child's disability. Compensation Birthing a child can be a difficult and overwhelming experience for parents. If a child is injured during birth due to medical negligence or error this can be more difficult. Fortunately parents are able to bring a lawsuit against the at-fault hospital and doctors for the harm they endure. The damages could help pay for expenses for future medical treatment and equipment. A birth injury lawyer can analyze your case to determine whether the injuries resulted from medical negligence. To win the compensation you deserve, your lawyer must demonstrate that the actions of the doctor before, during and after the birth of your child was in violation of the standards of professional medical care. Typically, this is accomplished by looking over the medical records and seeking expert opinions. Many birth injuries can cause long-term health problems that can alter your life. Depending on the severity of your child's injury is, it may require continuous medical treatment, therapy, medication and assistive devices. A successful claim will consider the treatment needs of your child throughout their life and seek out compensation to cover all these expenses. You may also receive compensation for losses that are not economic, like emotional distress. These damages are more difficult to prove, however your lawyer will be able to rely on the expertise of medical experts in assessing the damage and award you a fair amount of money to compensate for the harm. Most medical malpractice claims are settled out of court because the trial process can be stressful, emotionally draining and risky for the plaintiffs. The jury could easily become biased against hospitals and doctors in these kinds of cases, and it is generally more efficient to settle out of court. A birth trauma lawyer can help you understand the statute of limitations in your state and make sure that you meet these deadlines. They can also advise you on how to find medical professionals in your area who can help strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the country and can handle cases across multiple states. Time Limits The time limit for filing a lawsuit is the same for most lawsuits that involve medical malpractice. If the family of the victim fail to meet the deadline, they lose their right to a fair compensation. A birth trauma lawyer can help victims and their families, as well as the court understand and abide with the statutes of limitation to avoid losing financial recovery. The timelines in a birth injury claim vary from state to state and are difficult to determine. Generally, victims have two years to file a lawsuit for malpractice within two years of the date of the injury. Minors who cannot make a claim before the age of 18 could be granted an extension of this time. In cases where the damage is not immediately apparent (such as hypoxic-ischemic brain encephalopathy or cerebral palsy) the time frame could be longer. These conditions may take several weeks or even years to manifest. This is why it is so important to contact an experienced lawyer to handle birth injury cases as soon as you can. Certain states require that notice be sent within a certain timeframe to the defendant health providers that could also impact the statute. In addition, if the health provider is a government entity or is employed by an agency of the government, a different statute of limitations could apply. Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical professionals are defendants. The lawsuit will be assigned an id number and a date for the trial after it is filed. Some birth injury cases are settled before trial. However, others are decided by the jury. An experienced birth trauma lawyer can help clients build a strong case and gather evidence necessary to establish medical negligence and get fair compensation for the victim. While no amount can compensate a victim of their injury, the funds received through a successful lawsuit can ease some of the financial burdens associated with the treatment and care of a child injured or mother.