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Why did this happen to my child? |
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A medical legal review of your child's medical condition and what
caused it is an essential part of answering this question. Steps in
answering this includes determining your child's exact medical
condition and diagnosis. The potential causes of the injury will be
explored to determine if your child's injury was preventable. The events
surrounding the pregnancy, labor and delivery, and nursery stay will be analyzed to determine if mistakes were made in the care provided.
When all of this information is pieced together and analyzed, you can finally get an answer to this very important question. |
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How can you prove my child's injury is the result of
malpractice? |
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Highly qualified doctors from several specialties will be called upon to
serve as expert witnesses in cases that are deemed legitimate. The physicians will testify about how the medical care should have been
carried out, what mistakes were made, how the mistakes caused the injury, what the child's current condition is, what their medical condition
will be in the future, as well as to explain the future costs of the child's
special needs.
Teaching aids such as computer animation, medical illustrations,
medical chart blow-ups, medical literature, and videotapes may be
used to educate and convince the judge and jury of the malpractice.
When the evidence and proof of malpractice is presented to the
defendant doctor and hospital prior to the jury trial, they may decide to
settle out of court. If not, the case will be presented to a jury to decide
that the evidence proves medical mistakes were made and that the child and his family are entitled to monetary compensation. |
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What will it cost me to hire an attorney with your experience for my
child? |
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The representation agreement The Talaska Law Firm utilizes is a
contingent fee contract. A contingent fee contract means The Talaska Law Firm will receive a fee and be reimbursed for case expenses only if
there is a recovery for the child. If the case is not accepted or if the
case does not result in a monetary recovery, the clients will not be charged anything. If the case is successful, the law firm will be entitled
to a percentage of the recovery and the out of pocket case expenses. |
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What happens when the case is successful and my child receives
money? |
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The settlement or judgment in a case involving a child must be
approved by the judge who presides over the case. He or she must agree that everything is completely fair in the best interest of the child.
The Talaska Law Firm assists the families by presenting the options available to them for their child. Prior to presenting the terms to the
judge, parents will consult with financial planners, including annuity specialists and trust specialists. Meetings and decisions are made
together. This helps ensure that the child will get the maximum benefit possible from the money recovery. The decisions are then presented to
the judge who will review everything and make sure that everything is in
the best interest of the child. |
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Is
cerebral palsy a disease or a genetic
disorder? |
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Cerebral palsy is neither a disease nor
a genetic disorder. Cerebral palsy is a
condition with many possible causes,
such as birth trauma or brain injury,
but it is not contagious or inherited. |
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I've heard
that Cerebral Palsy can be the result of
a 'birth injury', but isn't that the
same as a 'birth defect'? |
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A birth injury is suffered by the infant
at the time of birth or soon after birth
when the infant is still in the care of
medical professionals. A birth defect,
however, occurs during pregnancy and
involves factors outside the care of
professionals, such as maternal
infections or genetic malformations.
Cerebral palsy is often the result of a
birth injury, such as when an infant's
brain is damaged by lack of oxygen
during birth |
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Is
cerebral palsy is preventable? |
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A significant number of the cerebral
palsy cases that occur as the result of
a birth injury can be prevented. Medical
negligence, such as careless handling of
the child's cranium or an undetected
oxygen blockage in the child's brain, is
a factor in these preventable cases.
Also, as we begin to understand other
risk factors, such as blood-type
incompatibility, Rubella (contracted
during early pregnancy) and other
complications, we will be able to
prevent additional cases of cerebral
palsy. |
