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A Birth Trauma Attorney Can Help You File a Claim A mistake made during childbirth could have long-term implications for your family. An attorney for birth trauma can bring an action against the hospital and doctor accountable, and negotiate an insurance settlement on your behalf. The funds can be used to help to cover the cost of your child's lifetime of treatments or therapies as well as medications. It also helps ease the financial burden that usually accompanies caring for an injured child. Preventable Birth Injuries The medical specialists who treat a woman during pregnancy and childbirth can make mistakes that result in birth injuries. Some birth injuries are unavoidable. However, some could have easily been prevented if the hospital or physician had taken proper care when treating the mother. 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 abilities and can be caused by a variety of causes such as infections, uterine injury or a poorly-managed labor and delivery. Premature birth can result in serious birth injuries such as fractures or hematomas. These injuries can be prevented by having a doctor observe the cervix throughout pregnancy and take the necessary steps to avoid complications from preterm labor. A medical error during the birth process could result in oxygen deprivation for babies, leading to cerebral palsy and brain damage. These injuries are usually caused by a doctor's inability to detect the symptoms of an emergency or a deficiency of a cesarean section when it is indicated by fetal distress or complications in the vagina. Other birth injuries are related to the use of birth-assisting tools such as forceps and vacuum extractors. These tools are safe when used correctly. However should a doctor make a mistake using these tools, they can cause serious scalp or facial injuries. Another form of birth injury that is preventable involves the tear of the brachial plexus in a newborn's birth, which are nerves that control hand and arm movement. These injuries can be caused by excessive pulling or stretching during labor. The resulting disabilities range from temporary weakness to total paralysis. Families with disabilities like these face substantial costs that last a lifetime, including regular therapy and medication and adaptive equipment such as walkers or wheelchairs, and special accommodations. A legal action will not change the outcome of an injury, but it can help families get the assistance they require, and encourage health care professionals to improve their safety practices during the birthing process. A seasoned California birth trauma lawyer can help families in submitting a medical malpractice claim to seek compensation for their losses. These claims can compensate families for the costs of long-term care for their child, as well as other damages. Medical Malpractice If a medical error results in an injury to the birth, the parents of the child may feel like their entire life was stolen from them. They often face increasing medical bills, emotional trauma, and the added stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief to families in need, so they can focus on their child's health and recovery. A medical malpractice instance is when the hospital, doctor or another healthcare provider is accused of violating their duty of care. In the case of birth injury this means that a doctor or a nurse committed a mistake prior to, during, or after birth that caused injuries to the mother or child. An experienced attorney for birth trauma will examine your case to determine whether there was a breach in the duty of care. He or she will identify the responsible parties and their insurance policies. This will require accessing medical records, securing expert opinions, and identifying the policies and procedures that were not followed during the pregnancy and birth. A reputable law firm dealing with birth injuries is likely to have databases for medical issues and a team of experts including doctors and nurse case managers. The legal team will collect evidence to prove that the medical professionals did not meet the accepted standards for treatment, which led to birth injuries to your child. The lawyer will also present an extensive damages report for the jury to see how the injuries have affected you and your family. Damages can include economic losses like the cost for life of care, as well as non-economic losses, like pain and suffering. A top-rated lawyer for birth injuries will negotiate on your behalf with insurers and fight to get an equitable settlement for you and your family. If no settlement is reached, the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict could grant your family the money they need to cover the medical treatment of your child therapies, equipment and other modifications to their home and vehicle. It can also help cover the cost of your child's care for the rest of their life. Compensation Birthing a child can be a difficult and overwhelming experience for parents. If a child is injured during delivery due to mistakes or medical negligence, it can be even more difficult. Fortunately parents can bring a lawsuit against the at-fault hospital and doctors for the harm they endure. The compensation can be used to cover the cost of future care, treatment, and equipment. An attorney for birth injuries can review the circumstances of your case and determine if malpractice in the medical field caused the injuries. To be able to claim the compensation you deserve, your lawyer must prove that the doctor's actions prior to, during and after the birth of your child violated the accepted standards of professional care. phoenix birth injury attorney can usually be done by reviewing medical records and getting professional opinions. Many birth injuries can result in chronic health issues that can alter your life. Based on the severity of your child's injuries they might require therapy, medication, assistive devices and ongoing medical treatments. A successful claim will consider your child's estimated treatment needs throughout their life and seek out compensation to cover all of the costs. You can also receive compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, but your lawyer can rely on the expertise of medical experts when assessing the damage and award you a reasonable amount of money to compensate for this harm. The majority of medical malpractice cases are settled outside of court, as trials can be emotionally draining, and potentially dangerous for the plaintiffs. In these instances, the jury can be biased towards hospitals and doctors. Therefore, it is more efficient to settle outside of court. An attorney for birth trauma can explain the statute of limitations in your state and help you meet these deadlines. He or she can advise you on how to find medical specialists in your region who can help strengthen your case. Many birth trauma lawyers are employed by national law firms with offices across the nation. They are able to handle cases from a variety of states. Time Limits The statute of limitations is the same for most lawsuits that involve medical malpractice. If the family members of a victim do not file their claim by the deadline and fail to file a claim, they forfeit their right to recover any compensation for the injury. A birth trauma attorney can help families of victims to learn about and comply with the statute of limitations so that they don't lose out on financial compensation. The timeframes for a birth injury claim vary from state to state, and can be 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 start a claim until the age of 18 may be granted an extension of this time. For instances where injuries are not immediately apparent like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeline can be longer. These conditions can take a few weeks or even several years to develop. It is crucial to speak with an experienced lawyer immediately in a birth injury claim. Certain states also require notice of the lawsuit to be sent to the health care providers who are defendants within a set period of time that can also impact the time limit. A different statute of limitation may also apply in the event that the health care provider is an official of the public sector or an employee of an agency of the government. Medical malpractice lawsuits can be filed at the county court in which the negligence occurred. Plaintiffs are the parents, while the defendants are their doctors, hospitals, and other medical personnel. The lawsuit will be assigned an id number and a date for the trial once it is filed. While settlements are often reached before reaching trial however, some birth injury cases are able to go to an appeal to a jury. A skilled birth trauma attorney can help clients build a strong case and gather the evidence needed to prove medical negligence and secure an appropriate amount of compensation for the victim. While no amount of money can compensate a victim of their injuries, the funds gained through a successful lawsuit could ease some of the financial burdens associated with the treatment and care of a child who has been injured or mother.