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A Birth Trauma Attorney Can Help You File a Claim A medical error during childbirth can result in long-term effects for your family. birth injury attorney kansas city can submit a claim and negotiate a settlement for you with the doctor or hospital accountable. These funds can be used to pay for the treatments, therapies and medications your child will need throughout their lives. It can also alleviate the financial burden that often comes with caring for a child who has been injured. Prevention of Birth Injuries Medical doctors who treat pregnant women and children can make mistakes that can lead to birth injuries. Some of these injuries are unavoidable however, some could have been avoided in the event that the hospital or doctor had exercised proper care in treating the mother or child. Cerebral Palsy and Erb’s palsy can lead to permanent disabilities. These conditions affect the motor abilities of a child. They can be caused by a variety of different causes, including infections, uterine trauma, or mismanaged labor and birth. Premature birth can also result in serious birth injuries, like hematomas or fractures. These injuries can be prevented if doctors monitor the cervix during pregnancy and take the appropriate steps to avoid complications that may arise from preterm labor. A medical error at birth can cause cerebral palsy and brain damage in a newborn. These injuries are typically caused by a physician's failure to spot signs of an emergency, or not performing a cesarean when there is distress in the fetus or vaginal problems are present. Other birth injuries are related to the use of tools for birth like forceps or vacuum extractors. These tools are safe if used correctly. However, if a doctor misuses these tools, they can cause serious scalp or facial injuries. Another type of preventable birth injury involves the tear of the brachial plexus in a newborn's birth, which are nerves that control hand and arm movement. These injuries occur when over stretching or pulling damage the nerves during labor and delivery. The disabilities that result can vary from temporary paralysis to total disability. Families with these and other disabilities have to pay for significant costs throughout their lifetime. This includes regular therapy and medications, adaptive equipment such as wheelchairs or walkers, special accommodations, and much more. A legal claim will not alter the severity of an injury, but it can help families access the resources they need and also encourage health care workers to improve their safety practices during the birthing process. A seasoned California birth trauma lawyer can assist families in filing a medical negligence claim to recover compensation for their losses. These claims can reimburse families for the cost of a child's ongoing treatment as well as other damages. Medical Malpractice When a medical error results in birth injuries the parents of the child might feel that their future was taken away from them. They may be faced with increasing medical bills as well as emotional trauma and the added stress of caring for their child. A successful medical malpractice suit can provide financial relief for these families so they can focus on their child's health and recovery. A medical malpractice claim is one that asserts that a doctor, hospital, or another healthcare provider violated their duty of care. In the case of birth injuries this implies that a doctor or nurse committed a negligent act before or during birth that caused injury to the mother or baby. An experienced attorney with experience in birth trauma will review your case to determine whether there was a breach in the duty of care. The attorney will determine the those responsible and their policies. This requires access to medical records, obtaining expert opinions, and identifying the policies and procedures that were not adhered to during the pregnancy and birth. A reputable law firm dealing with birth injuries is likely to have databases for medical issues and a team of experts including doctors and nurse case managers. The legal team will gather evidence to prove that the medical providers did not meet the accepted standards for medical care, resulting in birth injuries to your child. The lawyer will also prepare a detailed damages presentation for your jury to understand how the injuries have impacted you and your family. Damages can include economic losses such as lifetime costs of medical care, as well as noneconomic losses like pain and suffering. A highly rated birth injury lawyer will negotiate with the insurers on your behalf and will fight for a fair settlement for you and your family. If a settlement cannot be reached, the lawyer will prepare your case for trial and present it to a jury of peers. A successful verdict can bring your family the compensation they need to cover your child's medical treatments therapies, equipment, and modifications to their home and vehicle. It can also help with the lifelong costs of care due to your child's disability. Compensation Birthing a child can be a stressful and stressful experience for parents. It can become more stressful and exhausting when a child gets injured by medical negligence or error during the birth process. Fortunately parents can bring a lawsuit against the at-fault hospital and doctors for the damages they suffer. The damages can be used to pay future costs of care, treatment and equipment. A birth injury lawyer will review your case to determine whether the injuries resulted from medical negligence. Your lawyer must prove that the doctor's actions prior to and after the birth violated the standards of practice for professionals to be able to claim compensation. Typically, this is done by reviewing the medical records and obtaining expert opinions. Many birth injuries can lead to permanent and life-altering health issues. Depending on how severe your child's injury is it may require continuous medical treatment, therapy, medications and assistive devices. A successful claim will take into account your child's estimated requirements for treatment throughout their lifetime and be able to obtain a fair amount of compensation for all of these costs. In addition to the expense of medical bills, you may also recover compensation for other damages, such as emotional distress. These damages are harder to prove, but an attorney can depend on medical experts to determine the damage and award an amount that is reasonable to compensate you for the harm. Medical malpractice cases are typically settled outside of court due to the fact that a trial is stressful, risky and emotionally taxing for plaintiffs and their families. The jury could easily be biased against hospitals and doctors in these types of cases, and it's generally more efficient to settle the case outside of court. An attorney for birth trauma can explain the statute of limitations in your state and assist you meet the deadlines. He or she can also advise you on how to locate medical professionals in your area who can help strengthen your case. Many birth trauma lawyers work for national law firms that have offices all over the country. They are able to manage cases from several states. Time Limits As with all lawsuits involving medical malpractice there are strict time limits for filing a claim, also known as the statute of limitations. If the victim and family do not meet the deadline, they forfeit their right to receive compensation. A birth trauma lawyer can help victims and their families, as well as the court understand and comply with the statutes of limitation to ensure that they do not lose financial compensation. The timeframes for a birth injury lawsuit vary by state and may be a challenge to determine. In general the state of California, victims have two years from the date of injury to file a malpractice suit. Minors who are unable file a claim by the age of 18 may be granted an extension of this time. In cases where the damage isn't evident immediately (such as hypoxic-ischemic cerebral encephalopathy or cerebral palsy), the timeline may be longer. These conditions can take a few weeks or even many years to manifest. This is why it's so important to contact an experienced lawyer to handle birth injury cases as soon as you can. Some states also require notice of the lawsuit to be provided to the defendant health care providers within a certain period of time and can affect the time limit. A different statute of limitation may also apply in the event that the health care provider is an official of the public sector or an employee of an agency of the government. Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. The plaintiffs are parents 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 as well as an investigation schedule. Some birth injury cases can be resolved prior to trial. But, other cases are decided by an appeals court. A skilled birth trauma attorney can help clients create solid arguments and gather necessary evidence to prove medical negligence and secure fair compensation for the victim. While no amount of money can compensate a victim of their injuries, the funds gained through a successful lawsuit could ease some of the financial burdens associated with the care and treatment of a child who has been injured or mother.