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A Birth Trauma Attorney Can Help You File a Claim A medical error during childbirth could have long-term implications for your family. A birth trauma lawyer can file a claim and negotiate an insurance settlement for you against the hospital or physician responsible. The funds can be used to help provide your child with a lifelong treatments or therapies as well as medications. This can also ease the financial burden of caring for a child who has suffered injuries. Prevention of Birth Injuries Medical professionals who treat mothers during pregnancy and childbirth may make mistakes that result in birth injuries. Some of these injuries are unavoidable however others could have been avoided in the event that the hospital or doctor had taken the proper precautions when treating the mother or child. Cerebral Palsy and Erb's psy are two of the most frequently birth injuries that could lead to lifelong disabilities. These conditions impact a child's motor skills and are caused by a myriad of causes such as infections, uterine injury or a poorly-managed labor and birth. Premature birth can also cause serious birth injuries, including hematomas or fractures. These injuries can be prevented if doctors keep an eye on the cervix throughout pregnancy and take the appropriate steps to avoid complications from preterm labor. A medical error at birth can cause cerebral palsy and brain damage in newborns. These injuries are typically caused by a physician's failure to recognize the signs of an emergency or not performing a cesarean if there is distress in the fetus or vaginal problems are present. Other birth injuries may result from the use of instruments that aid in the birth process, such as forceps or vacuum extractors. These tools are safe if used in a safe manner. However should a doctor make a mistake using these tools, they can cause serious scalp or facial injury. Another kind of birth injury that can be prevented is the tearing of a baby's brachial plexus which are nerves that control hand and arm movements. These injuries occur when over pulling or stretching damages the nerves during labor and birth. The resulting disabilities vary from temporary weakness to complete paralysis. Families who suffer from these and other disabilities 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, and special accommodations. A legal claim will not reverse an injury but it can help families access the assistance they require, and encourage health care workers to improve their safety practices during the birthing process. A California birth trauma lawyer can assist families in filing an medical malpractice lawsuit to seek compensation for the harm they have suffered. These claims can compensate families for the cost of long-term care for their child, as well as other damages. Medical Malpractice Parents of a newborn who suffers birth injuries as a result of an error in medicine may feel like their future is in jeopardy. AccidentInjuryLawyers face an increasing medical bill emotional trauma, the added stress of caring for their child. A successful medical malpractice suit can provide financial relief for families in need, so they can concentrate on their child's health and recovery. A medical malpractice case is one that alleges a hospital, doctor, or other healthcare provider has violated their obligation of care. In the case of birth injury this means that a doctor or a nurse committed a mistake prior to, or during, or following birth that caused injury to the mother or child. An experienced attorney with experience in birth trauma will examine your case to determine if there was a breach of the duty of care. The attorney will determine the parties accountable and their insurance policies. This will require accessing medical records, seeking expert opinions, and identifying the policies and procedures that were not followed during the pregnancy and delivery. A trusted birth injury law firm will also likely have resources like medical databases and knowledgeable staff members such as nurse case managers and medical experts. The legal team will gather evidence to show that the medical professionals 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 the jury so that they can be aware of how the injuries impacted you and your family. Damages could include economic costs such as lifetime costs of care, as well as non-economic losses like pain and suffering. A top-rated birth injury lawyer will negotiate with insurers on your behalf and fight to recover a fair settlement for you and your family. If a settlement cannot be reached, he or she will prepare for trial and argue your case before a jury of your peers. A successful verdict could bring your family the money required to cover medical treatments, therapies and equipment and even modifications to your home and vehicle. It can also help with the costs of care due to your child's disability. Compensation The birth of a child is an emotional and overwhelming time for parents. If a child is injured during birth due to medical negligence or error this can be more difficult. Parents may sue doctors and hospitals who are at fault for the injuries they've suffered. The compensation can be used to cover the cost of future care, treatment and equipment. An attorney for birth injuries will review the details of your case and determine if medical malpractice caused the injuries. 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 medical care. Usually, this is accomplished by looking over the medical records and getting expert opinions. Many birth injuries can result in chronic and life-altering health issues. Depending on the severity of your child's injuries they may require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will consider your child's estimated treatment needs over the course of their life and seek out compensation to cover all of these expenses. In addition to the expense of medical bills, you may also seek compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, but your attorney can rely on the expertise of medical experts when assessing the damage and then award you a reasonable amount of money to cover the damage. The majority of medical malpractice cases are settled out of court because trials can be emotionally draining and risky for the plaintiffs. The jury can easily become biased towards hospitals and doctors in these cases, and it's generally more efficient to settle the case outside of court. A birth trauma lawyer can assist you in understanding the statute of limitations applicable to your state and make sure that you adhere to these deadlines. He or she can also advise you on how to find medical specialists in your area who will strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the nation and are able to handle cases in multiple states. Time Limits As with most lawsuits involving medical malpractice there are strict deadlines for filing a claim, also known as the statute of limitations. If the family and victim do not meet the deadline, they forfeit 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 ensure that they do not lose financial compensation. The timeframes for a birth injury case differ by state and can be complicated to determine. In general the state of California, victims have two years from the date of the injury to file a malpractice claim. However, this can be extended for minors who are unable to file an action before the age of 18. In cases where the damage isn't immediately obvious (such as hypoxic-ischemic brain encephalopathy or cerebral palsy), the timeline may be longer. This is due to the fact that these conditions may take weeks or years to appear. It is crucial to speak with a lawyer with experience immediately in a birth injury case. Certain states also require a notice of the lawsuit to be provided to the health care providers who are defendants within a set time frame and can affect the statute of limitations. In addition, if the health provider is a government entity or is employed by an agency of government, a different statute of limitations could be in place. Medical malpractice lawsuits can be filed at the county court in which the negligence occurred. The parents are the plaintiffs and their doctors, hospitals and other medical personnel are the defendants. The lawsuit will be assigned an id number and a date for the trial after it is filed. While settlements are often reached before reaching trial but some birth injuries cases can lead to an appeal to a jury. A skilled attorney for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical malpractice and secure fair compensation for victims. The injuries of a victim can't be compensated with money, but the funds which are earned from a successful lawsuit may aid in easing the financial burdens of a mother or child who has been injured.