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8 Tips To Up Your Birth Trauma Attorney Game
A Birth Trauma Attorney Can Help You File a Claim

A medical error in birth can have long-term consequences on your family. A birth trauma lawyer can file a claim and negotiate an insurance settlement for you against the doctor or hospital accountable.

These funds can be used to pay for the treatments that, therapies and medications your child will require throughout his or her lifetime. This could also help ease the financial burden of caring for a child who has been injured.

Preventable Birth Injuries

Medical doctors who treat mothers during pregnancy and childbirth could make mistakes that result in birth injuries. Some of these injuries are unavoidable, but some could have been avoided in the event that the hospital or doctor had taken the proper precautions when treating the mother or child.

Cerebral palsy and Erb's Palsy are two of the most common birth injuries that could cause permanent disabilities. These conditions impact the motor abilities of a child. They can be attributed to a number of different causes, including infections, uterine injuries or mismanaged labor and delivery.

Premature birth can cause serious birth injuries, such as fractures or hematomas. These injuries can be prevented if doctors keep an eye on the cervix throughout pregnancy and take the appropriate steps to avoid complications resulting from preterm labor.

A medical mistake during birth can also cause cerebral palsy and brain damage in a newborn. These injuries are usually caused by a physician's failure to recognize the signs of an emergency or not performing a cesarean when fetal distress is present or vaginal complications are present.

Other birth injuries are due to the use of birth-assisting tools such as forceps or vacuum extractors. These tools are generally safe when used properly however, if a doctor misuses them, it can result in serious head or facial injuries.

Another type of preventable birth injury involves the tearing of the brachial plexus in a newborn's birth which are nerves that control hand and arm movement. These injuries occur when excessive pulling or stretching damages the nerves during labor and birth. The resulting disabilities can range from temporary paralysis to total disability.

Families who suffer from these disabilities and others face significant expenses throughout their lifetime. These include ongoing therapy medication and adaptive equipment, such as wheelchairs or walkers, special accommodations, and much more. A legal claim can't be able to reverse an injury, however it can help families obtain the resources they need and also motivate health professionals to improve safety practices during the birthing process.

A seasoned California birth trauma lawyer can help families in submitting a medical malpractice claim to seek compensation for their losses. These claims can help families pay for the costs of long-term care for a child and other damages.

Medical Malpractice

If a medical error results in an injury to the birth, the parents of the baby might feel that their future was taken away from them. The parents are often faced by mounting medical bills as well as emotional trauma and the added stress that comes with caring for their child. A successful medical malpractice suit can bring financial relief to families, allowing them to focus on their child's health and recovery.

A medical malpractice case is one that asserts that a doctor, hospital or another healthcare provider violated their obligation of care. In the context of birth injuries this means that a doctor or nurse committed a negligent act before or during the birth, resulting in an injury to the mother or baby.

An experienced attorney for birth trauma will review your case to determine if there was a breach in the duty of care. He or she will identify 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 birth injury law firm will likely have resources such as medical databases and knowledgeable staff members, including nurse case managers as well as medical experts.

The legal team will gather evidence to show that the medical providers did not meet the accepted standard for care, resulting in birth injuries to your child. The lawyer will also present an in-depth damages presentation to the jury to see how the injuries have impacted you and your family. Damages could include economic costs such as the lifetime cost of care, as well as non-economic losses such as pain and suffering.


A top-rated lawyer for birth injuries will negotiate on your behalf with the insurers and fight to get a fair settlement for your and your family. If a settlement is not reached, the lawyer will prepare for trial and argue your case before a jury of your peers. A successful verdict could grant your family the compensation they need to cover the medical treatment of your child and equipment, therapies and even modifications to their home and vehicle. It could also help with the ongoing costs of care that result from your child's disability.

Obtaining Compensation

Birthing a child can be a stressful and overwhelming experience for parents. If a child is injured during delivery due to mistakes or medical negligence, it can be even more difficult. Fortunately parents can sue the at-fault hospital and doctors for the damage they endure. The money can be used to pay future costs for care, treatment and equipment.

A birth injury lawyer will analyze your case to determine whether the injuries were the result of medical malpractice. In order to win the compensation you deserve, your lawyer must show that the doctor's actions prior to, during and after the birth of your child were in violation of the accepted standards of professional medical care. Typically, this is done by reviewing the medical records and obtaining expert opinions.

A variety of birth injuries can lead to chronic health issues that can change your life. Depending on how severe your child's injury is it may require ongoing medical treatment, therapy, medication and assistive devices. A successful claim will take into account your child's projected life-long treatment needs and be able to obtain a fair amount of compensation for all of these costs.

You may also be eligible for compensation for non-economic losses, like emotional distress. These damages are harder to prove, however an attorney can count on medical experts to evaluate the damages and award an appropriate amount to compensate you for the damage.

Medical malpractice claims are typically settled out of court because a trial is risky, stressful and emotionally taxing for the plaintiffs and their families. The jury can easily become biased towards doctors and hospitals in these cases, which is why it is generally more efficient to settle out of court.

A birth trauma lawyer can help you understand the statute of limitations in your state and ensure that you comply with these deadlines. He or she can also advise you on how to locate the best medical experts in your area to strengthen your case. Many birth trauma lawyers work for national law firms that have offices across the country and are able to handle cases across multiple states.

Time Limits

The time limit for filing a lawsuit is the same as with most lawsuits that involve medical malpractice. If the family of the victim do not meet the deadline, they forfeit their right to compensation. A birth trauma lawyer can help victims and their families as well as the court to understand and comply with statutes of limitations to ensure that they do not lose financial compensation.

The timelines for a birth-related injury case vary from state to state and can be complicated to determine. Generally speaking, victims have two years to file a malpractice lawsuit within two years of the date of the injury. However, attorney for birth injury can be extended for minors who are incapable of filing a claim before they turn 18.

For instances where injuries aren't immediately evident like hypoxic-ischemic brain injury (HIE) or conditions like cerebral palsy, the timeline can be longer. This is because these conditions can take weeks or even years to show up. This is why it's so important to contact an experienced lawyer to handle a birth injury case as soon as you can.

Certain states also require a notice of the lawsuit to be provided to the health care providers who are defendants within a set period of time and can affect the time limit. In addition, if the health care provider is a public company or is employed by an agency of government an alternative statute of limitations could be in place.

Medical malpractice lawsuits may be filed in the county court in which the negligence occurred. The plaintiffs are parents and their doctors, hospitals and any other medical staff are defendants. The lawsuit will be assigned an id number and a date for the trial once it is filed.

Some birth injury cases can be resolved prior to trial. Others require a jury. A skilled birth trauma lawyer can assist clients in constructing strong cases and gather evidence to prove medical malpractice and obtain fair compensation for the victims. While no amount of money will compensate a victim for their injuries, the money gained through a successful lawsuit could ease some of the financial burdens that come with the treatment and care of a child injured or mother.