atlanta birth injury attorneys Can Help You File a Claim
A medical error in birth can have long-term consequences on your family. A birth trauma attorney can make an action against the doctor and hospital responsible, negotiating an insurance settlement on your behalf.
These funds can be used to help provide your child with a life-long treatment or therapies as well as medications. It can also alleviate the financial burden that usually accompanies caring for a wounded child.
Preventable Birth Injuries
The medical professionals who treat a woman during pregnancy and childbirth may make mistakes that lead to birth injuries. Some of these injuries are unavoidable, but some could have been avoided if the physician or hospital had taken the proper precautions when treating the mother or child.
Cerebral palsy and Erb's palsy are two of the most common preventable birth injuries that can cause permanent disabilities. These conditions affect the motor skills of a child and may be attributed to a number of causes, such as infections, uterine trauma, or mismanaged labor and delivery.
Premature birth can also cause serious birth injuries, like fractures or hematomas. These injuries can be avoided if doctors monitor the cervix throughout pregnancy and take all the necessary steps to avoid complications from preterm labor.
A medical mistake during the birth process may result in the loss of oxygen to a newborn, leading to brain damage and cerebral palsy. These injuries are usually caused by a doctor failing to recognize the signs of an emergency or performing a cesarean if fetal distress is present or complications in vagina.
Other birth injuries are related to the use of tools for birth such as forceps and vacuum extractors. These tools are typically 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 can be prevented is the rupture of the brachial nerve. These are nerves that regulate the hand and arm movements of a newborn. These injuries can be caused by excessive pulling or stretching during labor. The resultant disabilities range from temporary weakness to complete paralysis.
Families who suffer from these disabilities and others are faced with substantial costs throughout their lifetime. These include regular therapy medication and adaptive equipment, such as wheelchairs or walkers, special accommodations, and much more. A legal action will not change the outcome of an injury, but it can help families access the resources they need and help health professionals to enhance their safety practices during the birthing process.
A seasoned California birth trauma lawyer can help families in filing a medical malpractice claim to obtain compensation for their losses. These claims can help families pay for the cost of long-term care for a child as well as other damages.
Medical Malpractice
The parents of a baby who suffers birth injuries due to an error in medical care might feel as if their future is ruined. The parents are often faced by mounting medical costs, emotional trauma and the stress that comes with caring for their child. Families with financial strains can be financially relieved by an outcome in a medical malpractice case, allowing them to focus on their child’s health and recovery.
A medical malpractice claim is one that alleges the hospital, doctor or another healthcare provider violated their duty of care. In the case of birth injuries it means that a doctor or nurse committed a mistake prior to, during or after birth that caused injury to the mother or child.
An experienced attorney for birth trauma will review your case to determine whether there was a breach in the duty of care. He or she will identify those responsible and their policies. This involves accessing medical records, seeking expert opinions and identifying policies procedures, policies, and violations that occurred during pregnancy and birth. A reputable birth injury law firm will likely have resources like medical databases and knowledgeable staff members, including nurse case managers and medical experts.
The legal team will gather evidence to prove that the medical providers did not meet the standards for treatment, which led to birth injuries to your child. The lawyer will also present a thorough explanation of damages to your jury to help them be aware of how the injuries affected you and your family. Damages encompass both economic losses, such as the lifetime costs of care as well as non-economic losses, like suffering and pain.
A top-rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for a fair settlement for your and your family. If a settlement is not reached, the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict could bring your family the financial compensation they require to pay for the medical treatment of your child and equipment, therapies, and modifications to their vehicle and home. It could also help pay for the costs of your child's medical care throughout their life.
Compensation
The birth of a baby is a stressful and emotional time for parents. It can be even more stressful and exhausting if a child is injured by errors or negligence in the delivery process. Parents can sue doctors as well as hospitals that are responsible for the injuries they've suffered. The money can be used to cover future costs for care, treatment, and equipment.
A birth injury lawyer will examine your case to determine whether the injuries resulted from medical malpractice. Your lawyer must prove that the actions of the doctor before and after the birth violated accepted standards of professional practice to be able to claim compensation. This can be accomplished by looking over medical records and seeking professional opinions.
Many birth injuries can cause chronic and life-altering health issues. Depending on the severity of your child's injury is, it could require ongoing medical treatment, therapy, medication and assistive devices. A successful claim will consider your child's estimated lifetime treatment needs and will seek compensation sufficient to pay for all of these costs.
In addition to the expense of medical bills, you can also recover compensation for non-economic damages such as emotional distress. These damages are difficult to prove, but an attorney can depend on medical experts to assess the damage and award an appropriate amount to pay for the harm.
Most medical malpractice claims are settled outside of court, because the trial process can be emotionally draining, and potentially dangerous for the plaintiffs. The jury could easily become biased against doctors and hospitals in these types of cases, and it is generally more efficient to settle outside of court.
A lawyer for birth trauma can help you understand the statute of limitations for your state and ensure you adhere to these deadlines. He or she can also help you locate the top medical professionals in your area to strengthen your case. Many birth trauma lawyers work for national law firms with offices across the nation. They are able to manage cases from several states.
Time Limits
As with most lawsuits involving medical negligence, 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 compensation. A birth trauma attorney can help victims and their families be aware of and adhere to the statute of limitations to ensure that they don't miss out on financial compensation.
The timeframes for a birth injury case differ by state and can be complicated to determine. In general victims have two years from the date of their injury to file a malpractice lawsuit. Minors who cannot file a claim by the age of 18 could be granted a longer time.
In cases where the injury isn't immediately obvious (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy) the timeline could be longer. These conditions may take several weeks or even several years to develop. It is crucial to speak with an experienced lawyer in the earliest time possible in a birth injury case.
Some states also require a written notice of the lawsuit to be sent to the health care providers who are defendants within a certain period of time that can also impact the statute of limitations. A different statute of limitation may also be applicable when the health provider is an official of the public sector or an employee of a government agency.
Medical malpractice lawsuits are filed with the county court in the location in which the negligence occurred. The parents are the plaintiffs and their hospitals, doctors, and any other medical staff are the defendants. After the lawsuit is filed and accepted, it will be assigned a case number and an investigation schedule.
Some birth injury cases are resolved before trial. However, others are decided by an appeals court. A skilled lawyer for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical negligence and obtain fair compensation for victims. While no amount will compensate a victim for their injuries, the money received through a successful lawsuit can reduce some of the financial burdens associated with the care and treatment of a child injured or mother.