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A Birth Trauma Attorney Can Help You File a Claim A medical error in childbirth may have long-term effects on your family. A birth trauma lawyer can submit a claim and negotiate a settlement with insurance for you with the hospital or doctor accountable. The funds can be used to help pay for your child's life-long treatment or therapies as well as medications. This can also help ease the financial burden of caring for a child who has been injured. Preventable Birth Injuries Medical specialists who treat a woman during pregnancy or childbirth could make mistakes that can lead to birth injuries. Some of these injuries are unavoidable however others could have been prevented in the event that the hospital or doctor had exercised proper care in treating the mother or child. Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These disorders affect children's motor abilities and can be caused by a myriad of causes like infections, uterine trauma or a poorly controlled labor and delivery. Premature birth could cause serious birth injuries, such as hemorrhagic fractures or fractures. These injuries can be prevented by having a doctor monitor the cervix throughout pregnancy and take the appropriate steps to avoid complications resulting from preterm labor. A medical mistake during birth can also cause cerebral palsy and brain damage in a newborn. These injuries are usually caused by a physician's failure to recognize signs of an emergency or not performing a cesarean if there is distress in the fetus or complications in vagina. Other birth injuries are related to the use of tools for birth like forceps or vacuum extractors. These tools are usually safe if used correctly, but when a physician abuses them, it could cause serious facial or scalp injuries. Another type of birth injury that is preventable is the tear of the brachial plexus. These are nerves that control the arm and hand movements of a newborn. These injuries happen when excessive stretching or pulling damages the nerves during labor and birth. The resulting impairments range from temporary weakness to complete paralysis. Families with these and other disabilities face significant expenses throughout their lifetime. These include regular therapy, medications, adaptive equipment such as walkers or wheelchairs, as well as special accommodations, and so on. A legal action will not change the outcome of an injury, but it can help families get the help they require and also encourage health care professionals to improve their safety practices during childbirth. A seasoned California birth trauma lawyer can assist families in filing a medical negligence claim to obtain compensation for their losses. These claims could compensate families for the cost of long-term care for a child as well as other damages. Medical Malpractice If a medical error results in an injury to the birth, the parents of the child might feel that their future was stolen from them. Parents are often faced with mounting medical bills as well as emotional trauma and the stress that comes with caring for their child. Families with financial strains are financially reliant through a successful medical malpractice case which allows them to concentrate on their child’s health and recovery. A medical malpractice claim is one that alleges a doctor, hospital, or other healthcare provider has violated their obligation of care. In the context of birth injuries, this means a physician or nurse committed a negligent action prior to, during, or after the birth, resulting in injury to the mother or child. An experienced attorney for birth trauma will examine the facts of your case to determine if there was a breach of the duty of care. The attorney will determine the responsible parties and their insurance policies. This requires access to medical records, securing expert opinions, and identifying the policies and procedures that were not followed during the pregnancy and delivery. A reputable birth injury law firm will also likely have resources such as medical databases and experienced staff members including nurse case managers as well as medical experts. The legal team will gather evidence to prove that the medical professionals did not meet the accepted standard for medical care, resulting in birth injuries to your child. The lawyer will also make a thorough explanation of damages to the jury to ensure they be aware of how the injuries impacted your family and yourself. Damages could include economic costs such as lifetime costs of health care, and 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 no settlement is reached, the lawyer will prepare your case for trial and present the case to a jury of peers. A successful verdict could grant your family the money needed to pay for treatments and equipment and also for modifications to your home and vehicle. It could also help to cover the expenses of caring for your child throughout their life. Obtaining Compensation The birth of a child is a difficult and stressful time for parents. It can be even more stressful and exhausting when a child gets injured as a result of errors or negligence in the delivery process. Fortunately chicago birth injury attorneys can sue the at-fault hospital and doctors for the harm they suffer. The damages can be used to pay future costs for care, treatment and equipment. A birth injury lawyer can review the facts of your case and determine if malpractice in the medical field caused the injuries. Your lawyer must prove that the actions of the doctor prior to and after the birth violated accepted standards of professional practice in order to win compensation. This is usually done by reviewing medical records and getting professional opinions. Many birth injuries can result in long-term health problems that can alter your life. Based on the severity of the injury of your child is, it could require continuous medical treatment, therapy, medication and assistive devices. A successful claim will take into account the estimated life-long treatment needs and seek sufficient compensation to pay for all of these expenses. In addition to the cost of medical bills, you may also recover compensation for other damages, such as emotional distress. These damages are more difficult to prove, but your lawyer will be able to rely on the expertise of medical experts in assessing the damage and then award you a reasonable amount of money to compensate the harm. Medical malpractice cases are usually settled outside of court due to the fact that the trial process is risky, stressful and emotionally taxing for the plaintiffs and their families. The jury could easily become biased against hospitals and doctors in these types of cases, and it is usually more effective to settle outside of court. A lawyer for birth trauma can help you understand the statute of limitations in your state and ensure you meet these deadlines. They can also help you locate the best medical experts in your area to help strengthen your case. Many birth trauma attorneys work for national law firms with offices across the nation and are able to handle cases in multiple states. Time Limits The time limit for filing a lawsuit is the same as with the majority of lawsuits involving medical malpractice. If a victim and their family miss the deadline, they forfeit their right to receive compensation for the injury. A birth trauma lawyer can help families and victims understand and comply with the statute of limitations, so that they don't lose out on a financial recovery. The timelines for a birth injury claim differ from state to state and are difficult to determine. In general the state of California, victims have two years from the date of the injury to file a malpractice claim. Minors who are not able to file a claim by the age of 18 may be granted a longer 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. This is due to the fact that these conditions can take weeks or years to manifest. This is why it's essential to get in touch with an experienced lawyer to handle a birth injury case as soon as possible. Certain states also require a notice of the lawsuit to be sent to the health care providers who are defendants within a specified period of time and can affect the time limit. A different statute of limitations may also be applicable if the health provider is a public entity or an employee of an agency of the government. Medical malpractice lawsuits are filed with the county court in the location where the negligence occurred. The parents are the plaintiffs and their doctors, hospitals and any other medical staff are defendants. When the lawsuit is filed and a case number is assigned, it will be assigned a case number as well as a trial schedule. Some birth injury cases are settled prior to trial. However, others are decided by an appeals court. A skilled attorney for birth trauma can help clients create an effective case and gather evidence necessary to prove medical negligence and secure fair compensation for the victim. While no amount can compensate a victim for their injury, the funds gained through a successful lawsuit could reduce some of the financial burdens that come with the treatment and care of an injured child or mother.