A Birth Injury Attorney Can Help You Get the Compensation You Deserve
The birth of a child is an exciting time for parents, but it can be a devastating experience to discover that the child was born with a permanent and debilitating disorder like cerebral palsy. When this happens, financial compensation can help pay for medical costs as well as other losses.
Cerebral Palsy lawyers can help families in filing a lawsuit and recovering damages. These damages can be used to fund ongoing caregiving expenses, treatments as well as other losses to quality of life.
What are the causes of birth injuries?
Many birth injuries result from medical mistakes during labor and delivery. These errors are frequently caused by the years of training nurses, doctors and other health care professionals have received. fort smith birth injury attorneys of the most frequent reasons for these mistakes is a failure to monitor the baby's heart rate and blood pressure during labor, and delivery. This can lead to oxygen deprivation and other grave problems for mother and baby. Another problem is a doctor not ordering an emergency C-section whenever the baby's blood pressure or heart rate drops. If these issues occur it can be incredibly difficult to bring them under control in a timely manner without causing a more serious injury.
These medical errors could also be caused by a lack of training and a desire to not confront medical malpractice claims, and other elements that are out of the control of health professionals. These include the size of the baby and the age of the mother, and the position of the baby in the womb. For instance, a big baby could become trapped in the birth canal when its head gets snagged behind the pelvic bone during vaginal birth, leading to an extremely dangerous situation known as shoulder dystocia.
These and other unforeseen birth complications can result in a variety of physical, psychological, and emotional birth injuries. Some of these injuries can be treated with a procedure or medication, while others require ongoing care and may be permanent in the nature. For instance an injury to the spinal cord could cause cerebral palsy, which can impact motor function and cognitive abilities.
Children who have suffered birth injuries usually live long lives, but they also have the burden of expensive medical treatments to come. A successful legal case could compensate these families and allow them to receive the treatment they require.
If you believe your child suffered a birth injury because of the negligence of a medical professional in Oklahoma City, contact an experienced attorney for birth injuries as soon as you can. This will give your family and you the best opportunity to recover compensation before the statute of limitations expires.
What happens in a birth Injury Case?
Medical professionals are held to a strict standard of care, and when they fail to meet the standards, their dereliction can have serious consequences. A qualified birth injury lawyer can assist victims and their families get compensation for the injuries they have suffered.
During labor and delivery there are a variety of injuries. These include brain damage cerebral palsy, spinal cord injury and skull fractures. Each type of injury is caused by a variety of circumstances. To show negligence, a plaintiff must prove that a medical professional was negligent.
In a medical malpractice lawsuit the parties will typically employ experts to provide their opinion. A medical expert will determine whether the doctor acted within the scope of their training and experience. In certain situations the attorney may have to seek the assistance of a medical board-certified obstetrician or a different specialist to give a precise and complete assessment.
Medical experts will look over the evidence and give a detailed report about how they think the case should be handled. In a majority of cases, this will include a review of the medical documents, any lab tests, and any other relevant information in the case. The lawyer will use this information to create an approach to the case that will be the most successful in court.
Once the legal team has a clear idea for how they will approach the matter and has a plan for how to proceed, they will submit a lawsuit to the appropriate court and send the defendants a formal notice. The defendants will be given a certain amount of time to respond and the legal team will then begin collecting evidence to support the claims that have been made in the case.
Oklahoma City birth injury lawyers should be immediately contacted if the medical error is discovered. These cases are subject to strict statutes of limitations. If the claim isn't filed at time, the family may not be able recover the amount of compensation.
How Does a Birth Injuries Case End?
Many families are unable accept the devastating news that their child was injured at birth. Unexpected medical bills, lost income due to missed work and rehabilitation may be the reality for families. This financial burden can place immense pressure on families and make it difficult for them to provide the best care to their child. A caring Oklahoma City birth injuries attorney can assist a family affected by a birth injury obtain the justice and compensation they need and deserve.
Depending on the type of injury, the process of filing a lawsuit could take between 4 and 8 months. During this time, an attorney will work with economic and medical experts to create an evidence-based case that shows the full extent of the damages that the injured party is entitled to. The lawyer will take into account not just the costs of medical treatment and lost wages but as well the quality of life a child was deprived of because of their injuries.
Doctors, nurses and other medical professionals complete years of training in order to avoid mistakes during the delivery process. When they do, it could cause serious injuries to the baby as well as costly treatment for the family. A reputable Oklahoma City birth injury lawyer will hold negligent medical providers responsible and secure an appropriate amount of compensation for the family.
A lawyer will send an email describing their malpractice claims to the medical providers. They will then collaborate with the insurers on behalf of their clients to attempt to settle the case. A lawyer will know the pressure tactics used by insurers to minimize settlement offers, and combat them to achieve an equitable settlement.
If a settlement is not reached the attorney for birth injuries will file a lawsuit against the medical providers to seek justice. The lawyer will use evidence collected during the investigation to convince jurors of the medical professional's negligence. The jury will decide the amount of compensation they will give to cover the victim's losses. The amount awarded will be sufficient to cover any expenses that the victim may incur for the rest of their life because of the injury.
What is the value of the value of a birth injury claim?
You could be entitled to compensation if your child suffers a birth injury due to medical malpractice. These damages are designed to cover the financial loss of your family and compensate you for a diminished quality of life. But, this is an intimidating process, so it is crucial to consult with an experienced Oklahoma City birth injury attorney who can create a strong case for you.
A successful claim for compensation will include a detailed explanation of the injury and how they impact your child's life. Your lawyer will also work with medical and financial experts to determine the right amount of damages to be awarded for your situation. The amount of damages you receive will depend on the needs of your child now and in the future like current and ongoing medical treatment, reimbursement for lost wages, compensation for emotional distress, and pain and suffering.
Anesthesiologists can be held responsible for birth injuries. Other types of health professionals, including primary care doctors, nurses and technicians, can be held accountable. It is possible to name more than one defendant depending on the circumstances of your case. This will ensure that you have the proper insurance coverage for your claim.
In most instances, your medical malpractice lawsuit will end in a settlement. The majority of health care providers don't want to spend an enormous amount of money and time for a long trial. Your legal team will negotiate with the hospital and other defendants in order to reach an equitable agreement.
Our attorneys are experienced in handling medical negligence cases and will assist you in obtaining the maximum amount of compensation for the injury your child sustained. We will also investigate and find evidence that supports your case, including medical records, expert testimony and other documentation.
A severe birth injury may be life-long affecting. This can be financially devastating to families and put a huge burden on them. Money awarded to you as a result of an agreement or verdict can ease the burden and improve the quality of life for your child. Miller Weisbrod Olesky, the compassionate Oklahoma City birth injuries lawyers, can help you schedule an initial free consultation.