Texas Lawyers Answer Questions about Birth Injury
Medical malpractice resulting in birth injury is a complex area of personal injury law that requires the analysis and evaluation of the care provided by doctors, nurses and hospitals. Our medical malpractice lawyers at theTalaska Law Firm, working in conjunction with expert witnesses, have acquired a wealth of knowledge and experience in this very specialized area of legal practice. Clients frequently have a number of questions, some of which we have provided here, along with our answers.
Why was my child injured?
An essential part of answering why your child was injured involves a medical legal review of your child’s exact medical condition and diagnosis. As your attorneys, we explore potential causes of the injury to establish whether your child’s injury was preventable. Our law firm analyzes events surrounding the pregnancy, labor and delivery, and nursery stay to determine if mistakes were made in the care provided. When all of the information is pieced together and examined, you can finally get an answer to your very important question, “Why did this happen to my child?”
How can you prove my child’s injury is the result of malpractice?
Our Law firm calls upon highly qualified doctors from several specialties to serve as expert witnesses in cases that are deemed legitimate. The physicians testify in court on your behalf 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 the child’s medical condition will be in the future
- What will be the future costs of the child’s special needs
In addition, our lawyers use teaching aids such as computer animation, medical illustrations, medical chart blow-ups, medical literature and videotapes to educate and convince the judge and jury of malpractice.
When evidence and proof of malpractice are presented to the defendant doctor and hospital prior to the jury trial, they may decide to settle out of court. If not, a lawyer presents the case to a jury. The jury decides whether the evidence proves that medical mistakes caused the child’s injury and whether the child and his family are entitled to monetary compensation.
What will it cost to hire an attorney with your experience to represent my child?
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 are not charged anything. If the case is successful, the law firm is entitled to a percentage of the recovery and the out of pocket case expenses.
What happens when the case is successful and my child receives money?
The Talaska Law Firm assists families to understand available options for their child. Prior to presenting terms to the judge, parents consult with financial planners, including annuity specialists and trust specialists. Meetings are held and decisions about compensation are made together, which helps ensure that the child will get the maximum benefit possible from the monetary recovery. The settlement decisions are then presented to the judge presiding over the case for his review and approval. The judge must agree that the recovery amount is fair and in the best interest of the child.
Is cerebral palsy a disease or a genetic disorder?
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.
I’ve heard that cerebral palsy can be the result of a ‘birth injury’, but isn’t that the same as a ‘birth defect’?
No, a birth injury and a birth defect are not the same. With a birth injury, the infant suffers an injury 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 a lack of oxygen during birth damages an infant’s brain.
Is cerebral palsy preventable?
A significant number of cerebral palsy cases that occur because of birth injury are preventable. 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 medical practitioners begin to understand other risk factors, such as blood type incompatibility, Rubella (contracted during early pregnancy) and other complications, they will be able to prevent additional cases of cerebral palsy.
Arrange a Free Consultation
The Texas medical malpractice lawyers at the Talaska Law Firm are happy to answer any other questions you may have. We offer a free case evaluation to discuss your child’s injury along with the prospects of pursuing a birth injury malpractice case. To arrange an appointment, call (713) 869-1240 or toll free at (888) 791-5191 today.
