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A Birth Trauma Attorney Can Help You File a Claim A mistake made during childbirth can have long-term implications for your family. An attorney for birth trauma can bring an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf. These funds can be used to to cover the cost of your child's life-long treatment and therapies as well as medicines. It can also alleviate the financial burden that typically is associated with caring for an injured child. Birth Injury Prevention Medical specialists who treat pregnant women and children may make mistakes that lead to birth injuries. Some birth injuries are unavoidable. However, others could have 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 skills and are caused by a variety of causes such as infections, uterine injury, or a poorly managed labor and birth. Premature birth may also cause serious birth injuries, such as hematomas or fractures. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take the appropriate steps to avoid complications that can arise from labor that is preterm. A medical error at birth can also cause cerebral palsy and brain damage in a newborn. These injuries are often due to a doctor's failure to detect the symptoms of an emergency or a deficiency of a cesarean section if it is accompanied by fetal distress or problems in the vagina. Other birth injuries may be caused by the use of tools to aid in birth, such as vacuum extractors and forceps. These tools are typically safe if used correctly, but when a physician abuses them, it could cause serious head or facial injuries. Another type of birth injury that can be avoided is the rupture of the brachial nerve. These are nerves which control the hand and arm movements of a newborn. These injuries are caused by excessive stretching or pulling during labor. The results can range from temporary paralysis to total disability. Families who suffer from these disabilities and others are faced with substantial costs throughout their lives. This includes regular therapy and medications and adaptive equipment, such as walkers or wheelchairs, special accommodations, and so on. Legal claims cannot reverse an injury, but it can assist families in obtaining the help they require and also motivate health professionals to improve their safety practices during the birthing process. A seasoned California birth trauma lawyer can help families in filing a medical malpractice claim to recover compensation for their losses. These claims could compensate families for the cost of long-term medical care for their child, as well as other damages. Medical Malpractice When a medical mistake causes birth injuries the parents of the newborn may feel like their entire life was stolen from them. Parents are often faced by mounting medical costs as well as emotional trauma, and the stress that comes with caring for their child. A successful medical malpractice suit can provide financial relief to families in need, so they can focus on their child's health and recovery. A medical malpractice claim is one that alleges a doctor, hospital, or another healthcare provider violated their obligation of care. In the context of birth injuries, this means a physician or nurse committed a negligent act prior to, during, or after delivery which resulted in injuries to the mother or child. An experienced attorney for birth trauma will examine your case to determine if there was a breach in the duty of care. He or she will identify responsible parties and their policies. This will require accessing the medical records, seeking expert opinions, and identifying policies, procedures, and violations that were committed during pregnancy and during delivery. A reputable law firm for birth injuries is likely to have databases for medical issues and personnel with experience including nurses and case managers as well as doctors. The legal team will collect evidence to show that the medical providers failed to meet the accepted standards of care when they caused the birth injuries of your child. The lawyer will then present a detailed presentation of damages to the jury to help them comprehend how the injuries affected your family and yourself. Damages could include economic costs such as the lifetime cost of medical care, as well as non-economic losses such as pain and suffering. A top-rated birth injury lawyer will negotiate with the insurers on your behalf and fight to recover an equitable settlement for your family. If a settlement is not reached, the lawyer will prepare for trial and argue your case in front of a jury of your peers. A successful verdict could grant your family the financial compensation they require to pay for your child's medical treatment, therapies, equipment and other modifications to their home and vehicle. It can also help cover the costs of your child's medical care for the rest of their life. Obtaining Compensation The birth of a baby is an emotional and overwhelming moment for parents. It can become more difficult and exhausting if a child is injured by mistakes or medical negligence during the delivery process. Parents can sue doctors as well as hospitals that are responsible for the damages they have suffered. The compensation can be used to cover costs for future care, treatment and equipment. A birth injury lawyer can review the details of your case and determine if malpractice in the medical field caused the injuries. In order to win compensation, your lawyer must demonstrate that the actions of the doctor prior to, during and following the birth of your child were in violation of the accepted standards of professional medical care. This can usually be done by reviewing medical records and getting expert opinions. Many birth injuries can cause permanent and life-altering health issues. Depending on the extent of your child's injuries they may require therapy or medication, as well as assistive devices and ongoing medical treatments. A successful claim will consider the treatment needs of your child throughout their life and seek compensation to cover all of these expenses. You may also receive compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, but your attorney will be able to count on the expertise of medical experts when assessing the damage, and award you a fair amount of money to compensate the harm. Medical malpractice cases are typically settled outside of court due to the fact that the trial process is stressful, risky and emotionally taxing for plaintiffs and their families. The jury is prone to become biased towards hospitals and doctors in these types of cases, which is why it is usually more effective to settle outside of court. A birth trauma lawyer can assist you in understanding the statute of limitations applicable to your state and ensure that you adhere to these deadlines. He or she can also advise you on how to locate medical specialists in your area that can assist you in proving your case. Many birth trauma attorneys work at national law firms that have offices across the nation and can handle cases across multiple states. Time Limits As with most lawsuits involving medical malpractice there are strict deadlines for filing a claim known as the statute of limitations. If the family of the victim fail to meet the deadline, they lose their right to receive compensation. A birth trauma lawyer can help victims and their families as well as the court to understand and comply with the statutes of limitation to avoid losing financial recovery. The timeframes for a birth-related injury case vary from state to state and can be a challenge to determine. Generally speaking, victims have two years to file a malpractice suit from the date of the injury. Minors who are unable make a claim before the age of 18 could be granted a longer time. In the event that the injury isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. This is because these conditions can take weeks or even years to show up. It is crucial to speak with an experienced lawyer immediately for a birth injury claim. san jose birth injury attorney require that a notice be delivered within a specific period of time to the health care providers in question and may affect the statute. A different statute of limitation may also apply if the health provider is a public entity or an employee of a government agency. Medical malpractice lawsuits can be filed in the county court in which the negligence occurred. The plaintiffs are parents, and the defendants are their doctors hospitals and other medical staff. The lawsuit will be assigned an id number and a date for trial after it is filed. Some birth injury cases are resolved prior to trial. Others go to an appeals court. A skilled lawyer for birth trauma can assist clients to build strong cases and gather evidence to prove medical negligence and obtain fair compensation for victims. The injuries of a victim can't be compensated by money, but the funds that are derived from a successful lawsuit could help ease the financial burdens of a mother or child who has been injured.