Birth Injury Lawyer
A Birth Injury Attorney Can Protect Your Rights.
When a baby is injured during the birthing process, it is often difficult to identify what injuries have been sustained. These types of accidents can happen in clinics, hospitals or at home. A birth injury attorney can help you identify what injuries your child has sustained and how to maximize potential compensation in your case.
After an accident like this, avoid making any statements that might make you appear negligent or reduce the value of the case. It is recommended not to talk to anyone about the accident, other than your birth injury lawyer. Call our law firm for a free consultation at (949) 997-1800, or click here to speak with a birth injury attorney.
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Why Should You Hire A Personal Injury Lawyer?
A birth injury attorney is a person who will help you receive the compensation you deserve from any third party responsible for your child’s injuries caused during birth. These third parties can include doctors, nurses, clinics and even the hospital.
Birth injury attorneys have a thorough understanding of both state and federal laws related to child injuries. At JSM Injury Firm APC, we will put in the effort to prove the accident was not your fault and that you should receive compensation for your child’s care. This can include:
- Investigating your case: A birth injury attorney will investigate your case to identify the third-party who is responsible.
- Obtaining records: Birth injury lawyers can obtain medical records from the hospital, doctor and/or midwife involved. A birth injury attorney will review your information to prove your case.
- Gathering evidence: Birth injury attorneys will work with medical experts to prove your child’s injuries were due to a birth injury accident.
- Working alongside top doctors: Birth injury attorneys can help you understand follow-up care and future expenses. We will work to receive the compensation you and your child deserve.
- Negotiating on your behalf: Experienced birth injury lawyers understand how to negotiate from a position of power. We will work to resolve your case as soon as possible, so you can move forward with the medical care your child needs.
- File a lawsuit: Top birth injury attorneys will file a lawsuit on your behalf. Birth injury lawyers can help you win your case and provide the funds necessary to secure the future of your child.
- Take your case to trial: Birth injury lawyers are experienced at taking birth injury cases to trial. Our law firm is available to go to court on your behalf, so you can focus on your child’s recovery.
- Collect and disburse settlement or verdict proceeds: Birth injury lawyers will help you receive your settlement or verdict proceeds as soon as possible. A birth injury attorney at our injury firm is available to answer any questions or concerns you might have.
Experienced birth injury lawyers are here to help you secure the financial future of your child by obtaining compensation for their care. In general, it’s a good idea to hire a birth injury attorney as soon as possible to maximize the chance that your child will receive necessary medical care and compensation. Birth Injury Lawyer Near Me
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Types Of Birth Injuries.
Cerebral palsy is a brain and spine injury. Personal injury lawyers can help if your child was born with cerebral palsy.
Brain injury can occur if there is oxygen deprivation in the baby's brain. Moreover, if there is bleeding in the brain, this can cause long-term disabilities.
Spinal Cord Injuries
We will help if your child suffered a broken or fractured spine during birth.
Birth injury lawyers can assist if your child broke their arm or leg during the birthing process.
How Does A Birth Injury Accident Happen?
Birth injuries can occur in many ways. A child may suffer from an injury due to the medical treatment they receive, but could also be injured by a doctor or nurse during their normal duties. Common causes of birth injury accidents include:
- Pressure from the mother’s pelvic bones: During childbirth, it is possible there will not be enough space in the birth canal for the baby to come out safely. The mother’s pelvic bones are often hard and can cause injury to the baby in the birth canal during the force of their delivery.
- Shaking or striking: Babies are sensitive creatures and can be easily injured by even a slight bump against a table, counter or other surface. Also, nurses, doctors and midwives can often become overwhelmed and agitated by the situation, which could lead to excessive movement of the child.
- Improper use of medical equipment: Many birth injuries happen because medical professionals fail to properly set up scales, beds or other machines that might be needed during delivery. If a doctor or nurse does not properly secure these items, it can lead to a child becoming injured.
Type Of Financial Compensation From A Birth Injury Lawsuit.
Compensation can come in many forms, but the main idea behind it is to provide financial resources to allow the child to receive all necessary medical care. Birth injury attorneys fight on behalf of your child so you don’t have to. Birth injury lawyers understand how the process works and will work alongside doctors and other medical professionals to secure the financial resources your child will need. Birth Injury Lawyer Near Me
Financial compensation for birth injuries can include:
Receipt of necessary medical care:
Birth injury lawyers work with doctors and other medical professionals to ensure your child receives all follow-up treatment needed to heal from their injuries. Birth injury lawyers understand how important it is that a child receives all the treatment required to heal properly and allow for a full recovery.
Pain and suffering:
Birth injury lawyers can help you receive compensation for your child’s physical pain and emotional distress. No child should suffer needlessly due to someone else’s negligence, and birth injury attorneys work to ensure that no child does.
Loss of life’s pleasures:
Birth injury lawyers can help you receive compensation for your child’s simple pleasures. Personal injury attorneys know that no money can replace the enjoyment your child receives from playing with friends, reading books or watching their favorite show on television.
Loss of future earning capacity:
Birth injury attorneys fight to ensure your child receives compensation for earning potential they will now miss out on. Birth injury lawyers know how important it is that a child receives all the compensation needed to maintain their financial future, even though they are unable to work due to injuries received at birth.
Birth injury attorneys can help your child receive compensation for neurological damage suffered during birth. Birth injury lawyers know how important it is that a child receive all the compensation they need to handle costs associated with their neurological damage, such as physical therapy and medical equipment.
Birth injuries happen for many reasons, but often due to negligence on behalf of whomever was responsible for the delivery room. If a doctor or nurse failed to monitor your child correctly, or did not take proper precautionary steps before the delivery, your child may have a birth injury lawyer file a claim on your behalf. Birth injuries can also occur when babies are left alone in their beds and either fall out or roll over an edge. Birth injury lawyers can help you handle any number of issues, from improper monitoring to medical malpractice. Birth Injury Lawyer Near Me
Birth Injury Cases And Medical Malpractice.
Birth injuries often result from medical malpractice. This means the medical staff failed to provide you with the standard of care they should have. In California, medical malpractice cases are more complex than other types of personal injury claims. This is because MICRA governs medical malpractice cases, the Medical Injury Compensation Reform Act.
One key provision in MICRA relates to a limitation on non-economic damages, which is capped at $250,000.00. In other words, the most you can receive for non-economic damages in a medical malpractice case is $250,000.00. Non-economic damages include pain and suffering, loss of companionship, emotional distress, etc.
Birth injury lawyers know MICRA inside and out, which can work to your advantage. Moreover, birth injury lawyers fight to ensure your child receives full compensation for birth injuries your child suffered due to medical malpractice.
How To Protect Yourself From Birth Injuries.
The best way to protect yourself from birth injuries is to find a trusted doctor that specializes in this area. By going to an obstetrician, you can rest easy knowing they have years of experience and are well versed in both childbirth and infant care.
When you are giving birth, don’t be afraid to speak up if you feel pain or discomfort. If you feel something is wrong during the delivery process, say something. It can be harder to hold doctors responsible for your child’s injuries if they were not told about the problems that occurred during childbirth.
If you are visiting a clinic, hospital or other medical facility where you plan to give birth, ensure they have an excellent reputation. You should research the clinic or hospital online and ask around your social circle for opinions before committing. Selecting the right facility can mean all the difference in the world.
If you think your child suffered a birth injury due to someone’s negligence, hiring an attorney like JSM Injury Firm APC can help ensure you receive the compensation you deserve for your loss. We offer free consultations so you can learn about you birth injury case.
If you have any questions or want to learn more about what steps to take after a spinal cord injury, contact our law firm. We understand how these claims work and how to get you compensation for the medical bills associated with your medical care. Moreover, we can file a pain and suffering claim to ensure that you receive the compensation you deserve. We are here to help today by calling (949) 997-1800.
No Fee Guarantee: You Pay Us Nothing Unless We Win!
How Long Will An Attorney Work On My Case?
A birth injury case can take months or years to resolve, depending on how complex they are. Some cases can be settled quickly, but many cases will take time to resolve. Birth injuries are often the result of medical malpractice, which means your birth injury claim must be handled in a certain way. Birth injury lawyers know the ropes when it comes to birth injury cases.
While you should not sign any documents related to your case without the assistance of a birth injury lawyer, many hospitals will provide you with professional forms. These forms are often designed to reduce the value of your case and include language that can prevent you from pursuing a birth injury claim. If something like this happens to you, it is important you do not sign anything until after speaking with a lawyer. Birth Injury Lawyer Near Me
Birth injuries can be life-changing, which is why regardless of how long the case may take, a birth injury lawyer at our law firm will ensure you are notified of every step in the process.
Consult With A Proven Birth Injury Law Firm.
We are a personal injury law firm that fights for people injured due to the action or medical negligence of someone else. Unfortunately, we live in a world where accidents happen, and having an attorney on your side can help ensure you receive fair compensation. You should not be forced to pay for your child’s medical expenses, lost wages and emotional stress when someone else is responsible for their birth injuries.
JSM Injury Firm APC has years of experience dealing with accident cases and will fight to ensure that you receive the compensation you deserve for your child’s suffering. We are available day or night to take on your case and we offer a free consultation.
Give us a call at (949) 997-1800 to speak with an attorney, or click here to schedule a free consultation now.
Excellent Personal Injury & Accident Law Firm in CA.
Our personal injury law firm has assisted hundreds of clients and recovered millions over the years. We offer our experience on a contingency fee basis to ensure that you and your family receive complete compensation for a personal injury case.
We are highly trained and experienced in litigating personal injury cases. If you’ve been injured in an accident involving a traumatic brain injury, car accident, product liability, birth injuries, or other catastrophic injuries, please contact our personal injury law firm today for a free case evaluation. A personal injury lawyer will guide you through the legal process and ensure you receive adequate compensation for your medical expenses, lost wages, pain and suffering.