The Often Unknown Benefits Of Birth Trauma Attorney A Birth Trauma Attorney Can Help You File a Claim

A medical mistake during childbirth can result in long-term implications for your family. A birth trauma lawyer can file a claim and negotiate a settlement with insurance for you with the hospital or doctor responsible.

These funds can pay for the treatments, therapies and medications your child will require throughout their lives. It can also ease the financial burden that often is associated with caring for a child who has been injured.

Preventable Birth Injuries

The medical specialists who treat a woman during pregnancy and childbirth can make mistakes that lead to birth injuries. Some of these injuries are unavoidable however, others could have been avoided by a hospital or physician who had exercised proper care in treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most common preventable birth injuries that can lead to lifelong disabilities. These disorders affect the motor abilities of a child and can be caused by a variety of causes, such as infections, uterine injuries, or mismanaged labor and birth.

Premature birth can also cause serious birth injuries, such as hematomas or fractures. These injuries can be avoided if doctors monitor the cervix during pregnancy and follow the appropriate steps to avoid complications that can arise from labor that is preterm.

A medical error in the birth process could result in oxygen deprivation for a newborn, leading to cerebral palsy and brain damage. These injuries are usually due to a physician's inability to recognize the signs of an emergency situation or a lack of a cesarean section if it is accompanied by fetal distress, or other complications in the vagina.

Other birth injuries are due to the use of tools for birth such as forceps or vacuum extractors. These tools are safe when used correctly. However when a doctor uses them it can cause serious facial or scalp injuries.

Another type of birth injury that can be prevented is the tearing of the brachial plexus. These are nerves which control the arm and hand movements of a newborn. These injuries can be caused by excessive pulling or stretching during labor. The disabilities that result can range from temporary paralysis to total disability.

Families dealing with these and other disabilities are faced with significant costs that can last all their lives, which includes ongoing therapy and medications and equipment for adaptive use, such as wheelchairs or walkers, and special accommodations. Legal claims cannot change the outcome of an injury, but it can help families get the help they require and also motivate health professionals to improve safety practices during childbirth.

A California birth trauma lawyer can assist families in filing an action for medical malpractice to claim compensation for the losses they have suffered. These claims can compensate a family for the cost of a child's long-term treatment and other damages.

Medical Malpractice

When a medical error results in birth injuries, the parents of the child might feel that their future was stolen from them. They often face an increasing medical bill, emotional trauma, and the added stress of caring for their child. A successful medical malpractice lawsuit could provide financial relief for these families so they can concentrate on their child's health and recovery.

A medical malpractice claim is one that alleges a doctor, hospital, or other healthcare provider has violated their duty of care. In the context of birth injury it means that a doctor or a nurse committed a mistake prior to, or during, or following delivery which resulted in injury to the mother or child.

An experienced lawyer for birth trauma will examine your case to determine if there was a breach in the duty of care. He or she will identify 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 delivery. A reputable law firm dealing with birth injuries is likely to have medical databases and personnel with experience including nurses and case managers as well as doctors.

The legal team will collect evidence to show that the medical professionals did not meet the accepted standard for treatment, which led to birth injuries to your child. The lawyer will also make a thorough explanation of the damages to the jury to help them be aware of how the injuries affected your family and yourself. Damages can be based on economic losses such as lifetime costs of health care, and noneconomic losses like pain and suffering.

A highly rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight for a fair settlement for you and your family. If a settlement cannot be reached, he or she will prepare for trial and argue your case in front of an audience of your peers. A successful verdict could bring your family the compensation needed to pay for medical treatments and equipment and also for modifications to your vehicle and home. It could also help with the ongoing cost of care resulting from your child's disability.

Finding Compensation

The birth of a child can be a difficult and stressful experience for parents. If a child is injured during birth due to mistakes or medical negligence it could be more difficult. Fortunately parents can bring a lawsuit against the at-fault hospital and doctors for the harm they endure. The damages could help pay for expenses for future medical treatment and equipment.

An attorney for birth injuries will review the details of your case and determine if medical negligence caused the injuries. Your lawyer must prove that the actions of the doctor prior to and after the birth, violated accepted standards of professional practice to be able to claim compensation. Typically, this is accomplished by looking over the medical records and seeking expert opinions.

Many birth injuries can cause chronic and life-altering health issues. Depending on how severe the injury of your child is, it may require regular medical treatment, therapy, medications and assistive devices. A successful claim will look at the treatment needs of your child over the course of their life and seek out compensation to cover all the costs.

In addition to the cost of medical bills, you may also claim compensation for non-economic losses like emotional distress. san jose birth injury attorney are difficult to prove, but an attorney can rely on medical experts to assess the damage and determine an appropriate amount to compensate you for the harm.


Medical malpractice cases are usually settled outside of court due to the fact that trials can be stressful, risky and emotionally taxing for the plaintiffs and their families. In these instances the jury may be biased towards hospitals and doctors. It is therefore more efficient to settle the case outside of the courtroom.

A birth trauma lawyer can explain the statute of limitations in your state and assist you meet the deadlines. He or she can advise you on how to locate medical professionals in your area who will strengthen your case. Many birth trauma attorneys work at national law firms with offices across the nation and are able to handle cases in multiple states.

Time Limits

As with most lawsuits involving medical malpractice there are strict time limits for filing a claim known as the statute of limitations. If the family of the victim miss the deadline they lose their right to receive 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 ensure that they do not lose financial compensation.

The timeframes for a birth-related injury case vary by state and may be difficult to determine. Generally speaking, victims have two years to file a lawsuit for malpractice within two years of the date of the injury. Minors who are not able to start a claim until the age of 18 can be granted an extension of this time.

In cases where the injuries are not immediately apparent, like hypoxic-ischemic encephalopathy (HIE) or conditions like cerebral palsy, the duration could be longer. These conditions can take several weeks or even several years to manifest. It is important to contact an experienced lawyer immediately for a birth injury claim.

Some states also require a written notice of the lawsuit to be delivered to the defendant health care providers within a set period of time and can affect the statute of limitations. Furthermore in the event that the health care provider is a public entity or is employed by an agency of government an alternative statute of limitations may apply.

Medical malpractice lawsuits are filed with the county court in the region where the negligence occurred. Plaintiffs are the parents, whereas the defendants are their doctors hospitals and other medical staff. The lawsuit will be assigned an identification number and a time for trial after it is filed.

While settlements are usually reached before reaching trial but some birth injuries cases are able to go to an appeal to a jury. A skilled birth trauma attorney can help clients build a strong case and gather necessary evidence to establish medical negligence and get an appropriate amount of compensation for the victim. While no amount can compensate a victim for their injury, the funds gained through a successful lawsuit may ease some of the financial burdens associated with the treatment and care of a child who has been injured or mother.