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A Birth Trauma Attorney Can Help You File a Claim A medical error during childbirth may have long-term effects on your family. A birth trauma attorney can bring an action against the doctor and hospital responsible, and negotiate an insurance settlement on your behalf. These funds can be used to help provide your child with a lifelong treatments, therapies, and medications. This could also help reduce the financial burden of caring for the child who has been injured. Birth Injury Prevention Medical doctors who treat women during pregnancy and childbirth may make mistakes that result in birth injuries. Certain birth injuries are inevitable. However, others could have easily been avoided in the event that the doctor or hospital had followed the correct protocol when treating the mother. Cerebral Palsy and Erb's psy are two of the most frequently birth injuries that are preventable and can lead to lifelong disabilities. These conditions affect a child's motor abilities and can be caused by a myriad of causes like infections, uterine trauma or a poorly-managed labor and birth. Premature birth can result in serious birth injuries like hematomas or fractures. These injuries can be avoided if doctors observe the cervix throughout pregnancy and take the appropriate steps to avoid complications from preterm labor. A medical error in the birth process can also result in the loss of oxygen to a newborn, leading to cerebral palsy and brain damage. These injuries are usually caused by a physician's failure to spot 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 typically safe when used correctly but if a doctor misuses them, it can lead to serious scalp or facial injuries. Another form of birth injury that is preventable involves the tearing of a baby's brachial nerve, which are nerves that regulate arm and hand movement. These injuries can be caused by excessive pulling or stretching during labor. The resulting disabilities can vary from temporary paralysis to total disability. birth injury attorney dallas who suffer from these disabilities and others face significant expenses throughout their lifetime. This includes continuing therapy, medications and adaptive equipment, such as walkers or wheelchairs, special accommodations, and so on. A legal claim cannot change the outcome of an injury, but it can assist families in obtaining the resources they need and encourage health care professionals to improve safety practices during the birthing process. A California birth trauma lawyer can assist families in filing an action for medical malpractice to recover compensation for the damages they've suffered. These claims could compensate families for the costs of long-term care for a child and other damages. Medical Malpractice Parents of a newborn who suffers birth injuries due to an error in medical care might feel as if their future has been stolen. They may be faced with mounting medical bills as well as emotional trauma and the added stress of caretaking. Families in these situations can benefit financially from an outcome in a medical malpractice case and can focus on their child's health and recovery. A medical malpractice case is one where a doctor, hospital or other healthcare provider is accused of breaching their obligation to care. In the case of birth injuries it implies that a doctor or nurse made a negligent act before or during birth that caused injury to the mother or baby. An experienced attorney for birth trauma will examine your case to determine whether there was a breach of the duty of care. The attorney will determine the responsible parties and their insurance policies. This will require accessing medical records, obtaining expert opinions, and identifying the policies and procedures that were not adhered to during the birth and pregnancy. A reputable law firm dealing with birth injuries is likely to have medical databases and personnel with experience including nurse case managers and doctors. The legal team will gather evidence to prove that the medical providers 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 comprehend how the injuries impacted you and your family. Damages include economic losses like the cost of life of care as well as non-economic losses, like suffering and pain. A highly rated lawyer for birth injuries will negotiate on your behalf with insurance companies and fight for an equitable settlement for you and your family. If a settlement cannot be 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 money required to cover treatments and equipment and even modifications to your vehicle and home. It can also help cover the expenses of caring for your child for the rest of their life. Compensation The birth of a child is an emotional and overwhelming time for parents. It can become more difficult and draining if a child is injured as a result of errors or negligence in the birth process. Parents can sue doctors and hospitals who are responsible for the injuries they've suffered. The damages could help pay for the cost of future care, treatment and equipment. A birth injury lawyer will review your case to determine if the injuries resulted from medical negligence. To win compensation, your attorney must demonstrate that the actions of the doctor before, during and after the birth of your child was in violation of the accepted standards of professional care. Usually, this is done by reviewing the medical records and seeking expert opinions. Many birth injuries can result in chronic health issues that can change your life. Depending on the severity of your child's injury is it may require regular medical treatment, therapy, medication and assistive devices. A successful claim will look at the treatment needs of your child over their lifetime and seek compensation to cover all of the costs. You may also receive compensation for non-economic losses like emotional distress. These damages are more difficult to prove, however your lawyer can rely on the expertise of medical experts when assessing the damage, and award you a fair amount of money to compensate for this harm. The majority of medical malpractice cases are settled out of court, as the trial process can be stressful, emotionally draining and dangerous for the plaintiffs. In these instances, the jury can be biased towards hospitals and doctors. It is therefore more efficient to settle the case outside of court. A birth trauma attorney 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 area who can help strengthen your case. Many birth trauma attorneys work at national law firms with offices across the country and are able to handle cases across several states. Time Limits The statute of limitations is the same as with the majority of lawsuits involving medical malpractice. If the family of the victim miss the deadline they lose their right to receive compensation. A birth trauma lawyer can help victims, their families and the court to understand and comply with the statutes of limitation to ensure that they do not lose financial compensation. The timelines for the case of a birth injury lawsuit differ from state to state and are difficult to determine. Generally speaking, victims have two years to file a lawsuit for malpractice from the date of the injury. However, this is often extended for minors who are unable to file an action before turning 18. In cases where the injuries aren't immediately apparent such as hypoxic-ischemic disorder (HIE) or conditions such as cerebral palsy, the timeframe may be longer. This is because these ailments can take weeks or even years to show up. It is essential to contact an experienced lawyer in the earliest time possible in a birth injury claim. Certain states also require notice of the lawsuit to be delivered to the health care providers who are defendants within a certain period of time that can also impact the statute of limitations. Furthermore when the health care provider is a government entity or employed by an agency of government the statute of limitations could be in place. Medical malpractice lawsuits can be filed at the county court where the negligence occurred. The plaintiffs are parents and their doctors, hospitals and any other medical staff are defendants. The lawsuit will be assigned a number and a date for the trial once it is filed. Some birth injury cases can be resolved prior to trial. However, others are decided by a jury. An experienced birth trauma lawyer can help clients create solid arguments and gather the evidence needed to establish medical negligence and get fair compensation for the victim. While no amount of money will compensate a victim for their injuries, the funds obtained through a successful lawsuit could ease some of the financial burdens associated with the treatment and care of an injured child or mother.