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A Birth Trauma Attorney Can Help You File a Claim A mistake made during birth can have long-term consequences on your family. A birth trauma lawyer can make a claim and negotiate an insurance settlement for you against the hospital or doctor accountable. These funds can pay for the treatments or therapies your child will require throughout his or her lifetime. It can also alleviate the financial burden that usually 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, but others could have been prevented if the physician or hospital was able to exercise proper care when treating the mother or child. Cerebral palsy and Erb's Palsy are two of the most common birth injuries that are preventable and can cause permanent disabilities. These conditions impact a child's motor skills and can be caused by a variety of factors, including infections, uterine injuries, or a poorly managed labor and delivery. Premature birth can result in serious birth injuries such as fractures or hematomas. These injuries can be avoided if doctors keep an eye on the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor. A medical error during the birth process could cause oxygen deprivation in the newborn, resulting in brain damage and cerebral palsy. These injuries are usually caused by a doctor's inability to detect the signs of an emergency situation or the absence of a cesarean section when it is indicated by fetal distress or problems in the vagina. Other birth injuries could result from the use of tools that assist in the birth process, such as forceps or vacuum extractors. These tools are safe when employed correctly. However when a doctor uses these tools, they can cause serious scalp or facial injuries. Another kind of birth injury that can be prevented is the tear of the brachial plexus in a newborn's birth, which are nerves that regulate hand and arm movement. These injuries happen when excessive pulling or stretching damages the nerves during labor and delivery. The resultant disabilities can range from a temporary weakness to total paralysis. Families with these and other disabilities face significant expenses throughout their lifetime. These include ongoing therapy, medications and adaptive equipment like walkers or wheelchairs, special accommodations, and much more. Legal claims cannot change the outcome of an injury, but it can help families obtain the help they require and encourage health care professionals to improve their safety practices during the birthing process. A California birth trauma lawyer can assist families in filing an action for medical malpractice to claim compensation for the harm they have suffered. These claims can compensate families for the costs of long-term care for their child, as well as other damages. Medical Malpractice The parents of a baby who suffers birth injuries due to a medical error might feel as if their future is in jeopardy. Parents are often faced by mounting medical costs as well as emotional trauma, and the stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief to families, allowing them to concentrate on their child's health and recovery. A medical malpractice case is one that alleges a hospital, doctor or any another healthcare provider violated their duty of care. In the case of birth injury, this means a physician or a nurse committed a negligent act prior to, or during, or following the birth, resulting in injury to the mother or child. A skilled birth trauma attorney will review the facts of your case to determine whether there was a breach of duty of care. He or she will identify the parties responsible and their insurance policies. This will require accessing medical records, obtaining expert opinions, and identifying the policies and procedures that were not adhered to during the birth and pregnancy. A reputable law firm dealing with birth injuries is likely to have databases for medical issues, and staff with experience including doctors and nurse case managers. The legal team will gather proof to prove that the medical providers did not meet the standards for medical care, resulting in birth injuries to your child. The lawyer will also make a thorough explanation of damages to your jury to help them comprehend how the injuries affected you and your family. Damages encompass economic losses like the cost for life of care, as well as non-economic loss, like suffering and pain. A highly rated lawyer for birth injuries will negotiate on your behalf with insurers and fight to get a fair settlement for your and 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. If the verdict is successful, it could provide your family the compensation required to cover treatments, therapies and equipment and also for modifications to your vehicle and home. It could also help to cover the cost of your child's care for the rest of their life. Finding Compensation Birthing a child can be a stressful and overwhelming experience for parents. It can become more stressful and exhausting when a child gets injured as a result of errors or negligence in the birth process. Parents can sue doctors and hospitals who are at fault for the harm they suffered. The damages can help cover costs for future care, treatment and equipment. A birth injury lawyer will examine your case to determine if the injuries were the result of medical negligence. In order to win compensation, your attorney must prove that the doctor's actions prior to, during and after the birth of your child violated the accepted standards of professional care. This is usually done by reviewing medical records and obtaining expert opinions. A variety of birth injuries can lead to long-term health problems that can alter your life. Based on the extent of your child's injuries they could require therapy, medication, assistive devices and ongoing medical treatment. A successful claim will take into account the estimated needs of your child's medical treatment over their lifetime and seek compensation to cover all of the costs. You may also be eligible for compensation for non-economic losses, like emotional distress. These damages are harder to prove, but an attorney can count on medical experts to determine the damage and award an amount that is reasonable to pay for the harm. Medical malpractice cases are typically settled out of court because a trial is risky, stressful and emotionally draining for plaintiffs and their families. The jury is prone to be biased against doctors and hospitals in these cases, and it is generally more efficient to settle out of court. A birth trauma lawyer can assist you in understanding the statute of limitations applicable to your state and ensure that you comply with these deadlines. He or she can advise you on how to locate the best medical experts in your area to help strengthen your case. Many birth trauma lawyers work for national law firms with offices across the nation. They are able to handle cases from multiple states. Time Limits The statute of limitations is the same as with the majority of lawsuits involving medical malpractice. If the victim and their family do not file their claim by the deadline, they forfeit their right to receive compensation for the injuries. A birth trauma lawyer can help victims, their families and the court understand and comply with the statute of limitations to avoid losing any financial recovery. The timelines for a birth injury lawsuit vary by state and may be difficult to determine. Generally speaking, victims have two years to file a malpractice suit within two years of the date of the injury. Minors who are unable make a claim before the age of 18 could be granted a longer time. In cases where the injury isn't immediately obvious (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. These conditions can take several weeks or even many years to develop. It is essential to contact an experienced lawyer as soon as you can in a birth injury claim. Certain states require that notice be sent within a certain timeframe to the health care providers in question and may affect the statute. Additionally, if the health care provider is a public entity or is employed by an agency of government an alternative statute of limitations could apply. Medical malpractice lawsuits can be filed at the county court where the negligent act occurred. The plaintiffs are parents and their doctors, hospitals and any other medical staff are defendants. The lawsuit will be assigned a number and a date for trial after it is filed. Some birth injury cases are settled before trial. But, other cases require an appeals court. 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 victims. A victim's injury cannot be compensated by money, but the funds which are earned from a successful lawsuit may help ease the financial burdens of a mother or child who is injured.