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A Birth Trauma Attorney Can Help You File a Claim A medical error in birth can have long-term consequences on your family. A birth trauma lawyer can file a claim and negotiate a settlement for you against the hospital or doctor responsible. The funds can be used to to cover the cost of your child's life-long treatment, therapies, and medications. This can also alleviate the financial burden of caring for the child who has suffered injuries. Prevention of Birth Injuries Medical doctors who treat pregnant women and children may make mistakes that can lead to birth injuries. Some birth injuries are unavoidable. However, others could have easily been prevented in the event that the doctor or hospital had taken proper care when treating the mother. Cerebral Palsy and Erb’s palsy can cause lifelong disabilities. These conditions affect a child's motor skills and can be caused by a variety of factors like infections, uterine trauma, or a poorly managed labor and delivery. Premature birth may also cause serious birth injuries, including fractures or hematomas. These injuries can be avoided if doctors observe the cervix throughout pregnancy and take the necessary steps to avoid complications from preterm labor. A medical error at birth can cause cerebral palsy and brain damage in newborns. These injuries are usually caused by a doctor's inability to recognize the 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 birth-assisting tools such as forceps and vacuum extractors. These tools are usually safe if used correctly however, if a doctor abuses them, it could lead to serious head or facial injuries. Another kind of birth injury that is preventable involves the tear of a baby's brachial nerve, which are nerves that regulate arm and hand movement. These injuries happen when excessive stretching or pulling damage the nerves during labor and birth. The resulting disabilities range from temporary weakness to complete paralysis. Families with disabilities such as these have to pay for significant costs throughout their lifetime. These include continuing therapy, medications, adaptive equipment such as wheelchairs or walkers, special accommodations, and much more. A legal claim can't be able to reverse an injury, however it can help families obtain the assistance they require and also motivate health professionals to improve safety practices during childbirth. A skilled California birth trauma lawyer can assist families in filing a medical negligence claim to seek compensation for their losses. These claims could compensate families for the costs of a child's long-term treatment as well as other damages. Medical Malpractice The parents of a baby who suffers birth injuries due to an error in medicine may feel like their future is ruined. They often face increasing medical bills as well as emotional trauma and the added stress of caring for their child. These families are financially reliant through the outcome of a successful medical malpractice lawsuit which allows them to concentrate on their child’s health and recovery. A medical malpractice claim is one in which a hospital, doctor or any other healthcare provider breached their duty of care. In the context of birth injuries, this means a physician or a nurse committed a negligent action prior to, during or after birth that caused injuries to the mother or child. An experienced attorney with experience in birth trauma will analyze your case to determine whether there was a breach of the duty of care. He or she will identify responsible parties and their policies. This involves accessing medical records, obtaining expert opinions and identifying policies procedures, violations, and policies that occurred during pregnancy and delivery. A reputable law firm dealing with birth injuries will likely have medical databases and personnel with experience including nurses and case managers as well as doctors. The legal team will collect evidence to show that the medical professionals did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will then present an extensive explanation of damages to your jury to ensure they comprehend how the injuries affected your family and yourself. Damages include both economic losses, like the cost for life of care, as well as non-economic losses, such as suffering and pain. oklahoma city birth injury attorney rated birth injury lawyer will negotiate with the insurers on your behalf and will fight for a fair settlement for your family. If a settlement is not reached, the lawyer will prepare for trial and present your case before a jury of your peers. If the verdict is successful, it could provide your family the funds needed to pay for medical treatment as well as equipment and therapies and also for modifications to your home and vehicle. It can also help with the ongoing cost of care resulting from your child's disability. Compensation The birth of a baby is a stressful and emotional moment for parents. If a child is injured during the birth due to medical negligence or error it could be more difficult. Fortunately parents can bring a lawsuit against the at-fault hospital and doctors for the harm they suffer. The damages can help cover the cost of future care, treatment and equipment. A birth injury lawyer will review your case to determine if the injuries were caused by medical negligence. Your attorney must prove the doctor's actions prior to and after the birth breached accepted standards of professional practice in order to win compensation. This can be accomplished by reviewing medical records and obtaining expert opinions. Many birth injuries can result in chronic and life-altering health issues. Depending on the extent of your child's injuries, they could require therapy and medication, assistive devices, and ongoing medical treatments. A successful claim will consider the estimated requirements for treatment throughout their lifetime and be able to obtain a fair amount of compensation for all of these costs. You may also be eligible for compensation for losses that are not economic, like emotional distress. These damages are more difficult to prove, but your lawyer will be able to count on the expertise of medical experts in assessing the damage and award you a fair amount of money to compensate for this harm. Most medical malpractice claims are settled outside of court, because the trial process can be emotionally draining, and potentially dangerous for the plaintiffs. In these cases the jury may be biased towards hospitals and doctors. Therefore, it is more efficient to settle the case outside of the courtroom. A lawyer for birth trauma can help you understand the statute of limitations applicable to your state and ensure you adhere to these deadlines. He or she can also help you find the best medical specialists in your area to help strengthen your case. Many birth trauma attorneys work at national law firms that have offices across the country and are able to handle cases across several states. Time Limits As with all lawsuits involving medical negligence, there are strict deadlines for filing a claim, also known as the statute of limitations. If the family members of a victim fail to file their claim within the timeframe then they lose their right to claim compensation for the injury. A birth trauma lawyer can assist victims and their families understand and comply with the statute of limitations, so that they don't lose out on a financial recovery. The timelines in a birth injury claim vary from state to state and can be difficult to determine. In general, victims have up to 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 can be granted a longer time. In cases where the injuries aren't immediately evident such as hypoxic-ischemic disorder (HIE) or conditions such as cerebral palsy, the duration can be extended. These conditions can take a few weeks or even several years to develop. This is why it's crucial to speak with an experienced lawyer to handle birth injury cases as soon as possible. Certain states require that a notification be sent within a certain period of time to the health care providers in question that could also impact the statute. A different statute of limitation may also apply if the health provider is a public entity or an employee of an agency of the government. Medical malpractice lawsuits may be filed at the county court in which the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical professionals are defendants. The lawsuit will be assigned a number and a date for the trial once it is filed. Some birth injury cases are resolved prior to trial. Others are decided by a jury. A skilled attorney for birth trauma can help clients build solid arguments and gather necessary evidence to establish medical negligence and get an appropriate amount of compensation for the victim. The injuries of a victim can't be compensated by money, however the funds which are earned through a successful lawsuit can help alleviate the financial burdens of a mother and child who was injured.