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Birth Injury Attorney The birth of a baby is supposed to be an exciting and joyful time for families. However, sometimes, medical negligence can result in serious birth injuries to babies as well as their parents. A Dallas birth injury lawyer can help families fight to get the compensation they are entitled to. They have a thorough understanding of personal injury law and medical malpractice. They also can explain the different kinds of damages, including economic and noneconomic damages. Medical Malpractice Medical malpractice, also called medical negligence is when medical professionals fail to act in a responsible manner under a set of circumstances. This standard is known as the “standard of care.” A doctor who violates the standard of care during childbirth or during the neonatal period can be held accountable for the resulting birth injuries. These kinds of cases require a high level of medical and legal expertise, as well as significant financial resources to pursue successfully. This is why most lawyers will only accept these cases if the evidence is clear-cut and your damages exceed the costs of litigating this type of claim. A medical malpractice lawsuit generally involves four key elements the duty of care breach of duty, causation, as well as damages. Each case is distinct, and should be evaluated on its own merits. However, common instances of medical negligence during the labor process and delivery include the failure to detect fetal distress, inappropriate use of instruments for delivery and equipment, medical mistakes, surgical errors and the failure to perform a cesarean section when it is necessary. To establish medical malpractice, it must be proven that your obstetrician's actions deviated from the standard of care and that the actions led to the birth injury of your child. This is often the case with the help of experts – experienced healthcare specialists who specialize in neonatology or obstetrics – who can assist in interpreting medical records and provide unbiased opinions about how your child's injury could have occurred. It is also important to keep a meticulous record of all medical documents as well as all treatments and expenses associated with your child's injuries. This information is critical to build an effective claim and proving the losses of your family. A serious birth injury may cause a lasting and devastating impact on your family. The cost of therapy and special education can be a burden. An attorney for birth injuries in dallas with experience can assist you in obtaining compensation to ease this burden and allow your child to live a full and fulfilled life. Frenkel & Frenkel is a firm that has a track of helping families get the financial settlement they're entitled to. Birth Injuries While giving birth to a child is one of the most joyous times for parents, it can also be a risk. Birth injuries to babies can occur during labor, birth or soon after and can have a long-lasting impact on the quality of a family's life and financial wellbeing. A serious birth injury can lead to a lifetime of dependence on medical devices and caregivers, and limit a child’s opportunities for employment, education, and social interaction. A successful legal action could assist in easing the financial burden of ongoing treatment. While it is common for doctors and nurses to make honest mistakes but if the healthcare professional's actions fall outside of accepted medical guidelines during the birthing process, and cause injury or death to a baby, they may be liable under state law. In order to file a claim that is successful it is crucial to work with a seasoned lawyer who is aware of the complexity of medical malpractice claims, such as those involving birth injuries. Miller Weisbrod Olesky attorneys have extensive experience in representing clients with claims related to birth injuries and medical mistakes that include cerebral palsy and traumatic spinal cord trauma and perinatal sleep apnea. The team includes lawyers who have successfully represented families in these types of claims, and also experts in medical research and doctors who assist in the evaluation and prosecution of cases. A knowledgeable attorney can assist families in recovering damages for future and past medical expenses as well as occupational and physical therapies, lost wages due to the time off work taking care of the injured child or emotional distress and loss of enjoyment living among other things. A skilled attorney can negotiate skillfully with insurance companies and health care providers to obtain the maximum settlement possible for the client's case. If you believe your child was injured as a result of medical negligence during their birth, do not wait to contact an Dallas birth injury attorney. Delays could lead to missed deadlines that may reduce your chances of receiving compensation for your child's injury. Contact the Brown Trial Firm to secure the financial resources your child needs to enjoy the best quality of life. Punitive Damages The birth of a baby is a momentous occasion however, it can also be a risky one. Injury and complications during childbirth can cause serious medical problems for both mother and infant. You could be able to recover damages if you were injured as a result of medical negligence at the birth of your child. A Dallas birth injury lawyer can assist you in navigating the legal system and fight for fair compensation. In the case of medical malpractice the first step is to prove that your doctor was negligent. This means that they didn't adhere to the standard of care as a guideline that the medical community uses to determine what a reasonably prudent medical professional should be doing in similar situations. The standard of care is particularly rigorous for obstetricians, who must be aware of any signs of harm during labor and deliver. The next step is to show that negligence was the cause of the birth injury to your child. This is a challenging task, but a skilled lawyer can help you gather the evidence needed to prove your case. A successful claim can result in a monetary award that covers your physical, emotional, and financial losses. The amount of your award will be contingent on the severity of your injuries as well as the cost of any future medical treatment you may need to undergo. Punitive damages can be awarded in certain situations, and can dramatically increase the value of your settlement. These awards are intended to punish the defendant and prevent them from repeating the same behavior in the future. They are awarded in addition to compensatory damages, and are usually governed by the law of the state. A birth injury lawyer can help in claiming the money needed to help your child throughout their lives. The cost of caring for a child suffering from a birth injury can be staggering, and it is important to seek justice in order to ensure that your family members have the resources you need. Settlements When medical negligence during childbirth results in a birth injury the repercussions can be severe and lifelong. Accident Injury Lawyers can assist clients in assessing their future needs and seek the highest amount of compensation possible from negligent parties and their insurance companies. A lawyer can help clients determine the appropriate amount of damages. This includes future and past medical costs and loss of enjoyment as well as pain and discomfort and punitive damage. An experienced lawyer by your side can make this process much simpler and efficient. Many birth injuries can leave families facing extraordinary costs especially for long-term treatment and therapy. Medical malpractice claims can assist parents with these costs and allow their children to enjoy the most optimal quality of life. In most medical malpractice cases, the plaintiff has to demonstrate that the defendant's health care provider failed to perform a procedure with the appropriate level of expertise and care. Expert evidence can be utilized by a birth injury lawyer to establish the “standard” of care. Experts from defense will be used to challenge the evidence. These battles can be complex, and the result of a trial may often come down to a “battle of the experts.” If a dispute does not settle, the lawyer can bring a lawsuit to the court in the county in which the incident took place. The parents are the plaintiffs while the hospitals, doctors and other medical professionals are the defendants. The case will proceed to the discovery phase which includes depositions. A medical malpractice lawsuit has to be served on the defendants after it is filed. A birth injury lawyer can assist clients gather evidence, prepare documents to be served and negotiate with medical providers or insurance companies to negotiate an equitable settlement. Most medical malpractice attorneys will try to reach a settlement with their client prior to taking their case to the court. This is done to cut down on time and money for their clients. However an experienced attorney will not accept a low-ball deal from an insurance company since it could mean that the family will not receive the full payment they deserve.