A Birth Trauma Attorney Can Help You File a Claim
A medical error in childbirth can have lasting effects on your family. birth injury attorney iowa can bring a claim against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can be used to help pay for your child's lifelong treatments, therapies, and medications. This could also help reduce the financial burden of caring for the child who has suffered injuries.
Preventable Birth Injuries
The medical professionals who treat a woman during pregnancy and childbirth can make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, some could have been prevented if the hospital or physician had taken proper care when treating the mother.
Cerebral Palsy and Erb’s palsy can result in permanent disabilities. These conditions impact the motor skills of a child and can be caused by a variety of causes, such as infections, uterine injuries or mismanaged labor and delivery.
Premature birth could cause serious birth injuries, such as fractures or hematomas. These injuries are preventable when doctors monitor the cervix throughout pregnancy and follow the appropriate steps to avoid complications that may result from preterm labor.
A medical error at birth can also cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a physician's failure to recognize signs of an emergency or not performing a cesarean birth when there is distress in the fetus or vaginal problems are present.
Other birth injuries could result from the use of instruments that aid in birth, such as vacuum extractors or forceps. These tools are safe when used in a safe manner. However when a doctor uses them, they could cause serious facial or scalp injury.
Another kind of birth injury that is preventable is the tearing of the brachial plexus. These are nerves that regulate the hand and arm movements of the newborn. These injuries occur when excessive stretching or pulling damages the nerves during labor and birth. The resulting impairments range from a temporary weakness to total paralysis.
Families dealing with these and other disabilities are faced with massive costs that last for a lifetime, including ongoing therapy and medications and adaptive equipment such as walkers or wheelchairs, and special accommodations. Legal claims cannot reverse an injury, but it can help families obtain the resources they need and encourage health care professionals to improve safety practices during childbirth.
A seasoned California birth trauma lawyer can help families in filing a medical malpractice claim to seek compensation for their losses. These claims could compensate a family for the costs of a child's long-term treatment as well as other damages.
Medical Malpractice
When a medical error causes a birth injury the parents of the baby may feel like their entire life was stolen from them. The parents are often faced by mounting medical costs, emotional trauma and the stress that comes with caring for their child. A successful medical malpractice suit can bring financial relief to these families so they can focus on their child's health and recovery.
A medical malpractice case is one in which the hospital, doctor or other healthcare provider has violated their duty of care. In the case of birth injuries it means that a doctor or nurse committed a negligent action prior to, during, or after the birth, resulting in injuries to the mother or child.
An experienced attorney with experience in birth trauma will analyze your case to determine if there was a breach in the duty of care. He or she will identify the responsible parties and their insurance policies. This requires access to medical records, seeking expert opinions, and identifying policies and procedures that were violated during the pregnancy and delivery. A reputable law firm dealing with birth injuries will likely have databases for medical issues and personnel with experience including doctors and nurse case managers.
The legal team will collect evidence to prove the medical professionals did not adhere to the accepted standard of care in causing your child's birth injuries. The lawyer will also provide an in-depth damages presentation to your jury to understand how the injuries affected you and your family. Damages could include economic costs like the cost of lifetime medical care, as well as non-economic losses like pain and suffering.
A top-rated birth injury lawyer will negotiate with the insurers on your behalf and fight for a fair settlement for you and your family. If a settlement is not reached, the lawyer will prepare for trial and argue your case before an audience of your peers. A successful verdict could bring your family the money they need to pay for your child's medical treatments, therapies, equipment and other modifications to their vehicle and home. It could also help to cover the cost of your child's care throughout their life.
Compensation
The birth of a child is a stressful and emotional time for parents. It can become more difficult and exhausting when a child gets injured by medical negligence or error during the delivery process. Fortunately, parents can bring a lawsuit against at-fault doctors and hospitals for the harm they endure. The damages can help cover expenses for future medical treatment, and equipment.
A birth injury attorney can review the circumstances of your case and determine if medical malpractice caused the injuries. Your lawyer must prove that the doctor's actions during, before and after the birth, violated the accepted standards of professional practice to be able to claim compensation. This is usually done by reviewing medical records and obtaining professional opinions.
Many birth injuries can result in permanent and life-altering health issues. Depending on the severity of your child's injury is it could require continuous medical treatment, therapy, medication and assistive devices. A successful claim will consider your child's projected requirements for treatment throughout their lifetime and be able to obtain a fair amount of compensation for all these costs.
You can also receive compensation for non-economic losses such as emotional distress. These damages are more difficult to prove, however your attorney will be able to count on the expertise of medical experts in assessing the damage, and award you a reasonable amount of money to cover the harm.
The majority of medical malpractice cases are settled outside of court, as a trial can be stressful, emotionally draining and dangerous for the plaintiffs. The jury could easily become biased towards doctors and hospitals in these kinds of cases, which is why it is usually more effective to settle the case outside of court.
A lawyer for birth trauma can help you understand the statute of limitations for your state and make sure that you meet these deadlines. He or she can also advise you on how to locate the best medical experts in your area to strengthen your case. Many birth trauma lawyers work for national law firms that have offices all over the country. They are able to handle cases from a variety of states.
Time Limits
As with all lawsuits involving medical malpractice there are strict time limits for filing a claim known as the statute of limitations. If the victim and their family miss the deadline and fail to file a claim, they forfeit their right to claim compensation for the injury. A birth trauma lawyer can assist victims and their families, as well as the court understand and abide with the statute of limitations to ensure that they do not lose financial compensation.
The timeframes for a birth injury lawsuit vary from state to state and can be a challenge to determine. Generally speaking, victims have two years to file a malpractice suit within two years of the date of the injury. However, this time frame is usually extended for minors if they are unable to file an action before the age of 18.
In cases where the injury is not immediately apparent (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the time frame could be longer. These conditions can take a few weeks or even several years to manifest. It is important to contact a lawyer with experience in the earliest time possible for a birth injury claim.
Some states require that notice be sent within a certain period of time to the health providers who are defendants, which may also affect the statute. Additionally, if the health care provider is a government entity or employed by an agency of the government an alternative statute of limitations could apply.
Medical malpractice lawsuits are filed with the county court in the area where the negligence occurred. The plaintiffs are parents and their doctors, hospitals, and any other medical staff are the defendants. When the lawsuit is filed and accepted, it will be assigned a case number and a trial schedule.
Some birth injury cases are resolved prior to trial. Others go to an appeals court. A skilled birth trauma attorney can help clients build solid arguments and gather evidence necessary to prove medical negligence and obtain fair compensation for the victim. While no amount of money will compensate a victim for their injury, the funds gained through a successful lawsuit can help alleviate some of the financial burdens associated with the treatment and care of a child injured or mother.