birth injury attorney denver Can Help You File a Claim
A medical error in childbirth may have long-term effects on your family. A birth trauma lawyer can submit a claim and negotiate an insurance settlement for you against the hospital or doctor responsible.
These funds can be used to with the costs of treatments, therapies and medications your child will need throughout his or her lifetime. This can also alleviate the financial burden of caring for a child who has been injured.
Preventable Birth Injuries
Medical specialists who treat women during pregnancy and childbirth may make mistakes that result in birth injuries. Some of these injuries are inevitable however others could have been avoided by a hospital or physician who was able to exercise proper care when treating the mother or child.
Cerebral Palsy and Erb's Palsy can cause lifelong disabilities. These disorders 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 birth.
Premature birth can also cause serious birth injuries, including fractures or hematomas. These injuries can be prevented if doctors observe the cervix throughout pregnancy and take the appropriate steps to prevent complications from preterm labor.
A medical error during the birth process may cause oxygen deprivation in babies, leading to brain damage and cerebral palsy. These injuries are usually caused by a doctor failing to recognize the signs of an emergency, or not performing a cesarean when the baby is in distress or vaginal problems are present.
Other birth injuries can result from the use of tools that aid in the birth process, such as vacuum extractors or forceps. These tools are safe if used in a safe manner. However, if a doctor misuses them, they could cause serious scalp or facial injury.
Another type of birth injury that can be avoided is the tear of the brachial plexus. These are nerves that control the arm and hand movements of the newborn. These injuries can be caused by excessive stretching or pulling during labor. The resulting impairments vary from temporary weakness to complete paralysis.
Families dealing with these and other disabilities are faced with significant costs that can last all their lives, which includes regular therapy and medication and equipment for adaptive use, such as walkers or wheelchairs, as well as special accommodations. A legal action will not change the outcome of an injury, but it can help families access the help they require and also encourage health care professionals to improve their safety practices during childbirth.
A skilled California birth trauma lawyer can help families in filing a medical negligence claim to recover compensation for their losses. These claims can reimburse a family for the cost of a child's long-term care and other damages.
Medical Malpractice
The parents of a baby who suffers birth injuries due to a medical error might feel as if their future is in jeopardy. Parents are often faced by mounting medical costs as well as emotional trauma and the added stress of caring for their child. A successful medical malpractice lawsuit can provide financial relief to these families so they can concentrate on their child's health and recovery.
A medical malpractice claim is one in which a doctor, hospital or any another healthcare provider violated their obligation of care. In the case of birth injuries this implies that a doctor or nurse made an error prior to or during birth that caused injury to the mother or baby.
An experienced attorney with experience in birth trauma will analyze your case to determine if there was a breach in the duty of care. The attorney will determine the responsible parties and their policies. This will require accessing the medical records, getting expert opinions and identifying the policies procedures, violations, and policies that occurred during pregnancy and delivery. A reputable law firm for birth injuries will likely have databases of medical information and personnel with experience including nurse case managers and doctors.
The legal team will gather proof to prove that the medical professionals did not meet the standards for medical care, resulting in birth injuries to your child. The lawyer will also provide an in-depth damages presentation to the jury to see how the injuries have impacted you and your family. Damages encompass economic losses like the cost of life of care as well as non-economic losses, like suffering and pain.
A highly rated birth injury lawyer will negotiate with the insurers on your behalf and will fight for an equitable settlement for your family. If a settlement cannot be reached the lawyer will prepare your case for trial and present it to a jury comprised of peers. A successful verdict could grant your family the funds needed to pay for medical treatments, therapies and equipment, as well as modifications to your vehicle and home. It can also help with the ongoing costs of care due to your child's disability.
Compensation
Birthing a child can be a difficult and stressful experience for parents. It can become more stressful and exhausting if a child is injured as a result of medical negligence or error during the birth process. Fortunately, parents can sue at-fault doctors and hospitals for the damage they endure. The damages could help pay for the cost of future care, treatment, and equipment.
A birth injury attorney can review the facts of your case and determine if medical negligence caused the injuries. The attorney must prove that the doctor's actions before and after the birth, violated accepted standards of professional practice in order to win compensation. Usually, this is accomplished by looking over the medical records and getting expert opinions.
Many birth injuries can cause chronic and life-altering health issues. Based on the severity of your child's injury is it may require continuous medical treatment, therapy, medication and assistive devices. A successful claim will consider the treatment needs of your child over their life and seek out compensation to cover all of these expenses.
In addition to the expense of medical bills, you may also claim compensation for other damages, like emotional distress. These damages are more difficult to prove, however your attorney can rely on the expertise of medical experts when assessing the damage, and award you a reasonable amount of money to compensate for the harm.
The majority of medical malpractice cases are settled out of court, as trials can be stressful, emotionally draining and dangerous for the plaintiffs. The jury is prone to be biased against hospitals and doctors in these 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 ensure that you adhere to these deadlines. He or she can also advise you on how to find medical professionals in your area who will strengthen your case. Many birth trauma attorneys are employed by national law firms that have offices across the country and can handle cases across several states.
Time Limits
The time limit for filing a lawsuit is the same for most lawsuits that involve medical malpractice. If the family of the victim miss the deadline they lose their right to compensation. A birth trauma lawyer can help victims and their families as well as the court to understand and comply with the statute of limitations to avoid losing any financial recovery.
The timelines in a birth injury claim differ from state to state and can be difficult to determine. In general, victims have up to two years from the date of injury to file a malpractice lawsuit. However, this can be extended for minors if they are not able to file an action before the age of 18.
For instances where injuries aren't immediately evident like hypoxic-ischemic brain injury (HIE) or conditions such as cerebral palsy, the timeline can be longer. These conditions can take several weeks or even many years to develop. It is important to contact an experienced lawyer immediately for a birth injury claim.
Certain states also require a 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. A different statute of limitation may also apply when the health provider is an entity that is a public body or an employee of an agency of the government.
Medical malpractice lawsuits are filed with the county court in the region in which the negligence occurred. The plaintiffs are parents and their hospitals, doctors, and other medical personnel are the defendants. The lawsuit will be assigned an identification number and a time for trial after it is filed.
Some birth injury cases are resolved before trial. However, others are decided by a jury. A skilled attorney for birth trauma can assist clients in constructing strong cases and gather evidence to prove medical negligence and secure fair compensation for victims. While no amount will compensate a victim for their injuries, the funds received through a successful lawsuit can ease some of the financial burdens that come with the care and treatment of an injured child or mother.