When your child suffers a Tehachapi Birth Injury Lawyer, it can cause long-term medical treatment and care. Parents can seek compensation for current and future medical expenses, loss of income, and in-home care costs. Effective legal representation guides families through the claims process. Use FindLaw’s attorney profiles to research attorneys in your area.

Preventable Injuries

Injuries sustained during labor and delivery can turn one of life’s happiest moments into a time filled with medical concerns, financial stress and emotional trauma. When these injuries are the result of negligent treatment by medical professionals, parents have legal options.

A lawyer for birth injuries can evaluate your case, determine whether or not medical malpractice occurred and find out who is liable. Then, they will gather detailed evidence and use it to build a strong case for compensation against those responsible.

Your lawyer will skillfully negotiate with the medical providers’ malpractice insurers to try to settle your claim out-of-court. However, if an agreement isn’t possible, your lawyer will take the case to court and litigate against them to get you the damages you deserve. These include past and projected future costs of your child’s care as well as noneconomic damages like pain and suffering. They will also ensure that the settlement you receive reflects your losses.

Damages

The severity of a birth injury can cause life-altering financial, physical and emotional challenges for affected families. A skilled and compassionate birth injury lawyer will work to ensure that the injured family’s needs are met and that all liable parties are held accountable.

Settlements and verdicts awarded in birth injury cases vary considerably based on the individual case’s circumstances. A successful claim typically involves establishing liability, which in turn requires the ability to prove that the doctor breached the medical standard of care, and that this breach directly caused the injury.

Damages may include economic losses, such as lifetime costs of care, and non-economic damages, such as pain and suffering. A skilled birth injury attorney will help the family determine all of their potential losses and pursue maximum compensation. They will also investigate all potentially liable parties and negotiate with insurance companies on behalf of the injured child. This can save the family time, money and stress during a difficult time.

Statute of Limitations

Every state sets a time limit for filing medical malpractice claims. This deadline is known as the statute of limitations, and missing it means forfeiting your right to pursue compensation. An experienced birth injury lawyer can determine how long your family has to take legal action and gather essential evidence before the deadline expires.

Many injuries are not immediately noticeable, with symptoms appearing months or even years later. This is particularly common with brachial plexus injuries, which occur when nerves that run from the neck to the hand/wrist are stretched or torn during delivery. These conditions cause loss of muscle control and can only be corrected with surgery, therapy, or assistive devices.

In some cases, the statute of limitations may be extended based on the date when the injury was discovered. However, this exception is only available for families who contact an experienced lawyer as soon as possible. Otherwise, the evidence will be lost over time as witnesses’ memories fade, and hospital records are altered or destroyed.

Communication

When medical malpractice causes birth injuries, families in Tehachapi and throughout Kern County face a range of emotional and financial challenges. A compassionate birth injury lawyer can help by taking on the responsibility of communicating with doctors, insurance companies, and other parties while you focus on caring for your child.

Your lawyer can investigate your case, secure expert testimony, file your lawsuit, and meet important deadlines. He or she can also negotiate with liable parties on your behalf.

A successful legal claim requires proving liability, meaning that a medical professional breached the standard of care and that the breach directly caused your child’s injuries. This means establishing that the doctor’s actions or inaction directly led to your child’s lifelong impairments and related damages, such as the lifetime cost of care, special education expenses, therapy costs, lost income, and pain and suffering. Jacob Partiyeli and his team will identify all liable parties and prove their liability through detailed evaluations and investigations.