Medical errors are the third most common cause of death in the United States, according to CNBC. A complication or injury during birth can affect your child for the rest of their life. If medical negligence is to blame for your child’s condition, you may be eligible for financial compensation.
A birth injury attorney in Oregon may be able to help you get payment for your damages. By guiding you through the process of a malpractice lawsuit, one of our attorneys can help make sure you get what you deserve.
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Do I Have a Medical Malpractice Case for My Child’s Birth Injury?
In any personal injury case, liability is based on negligence. Someone is negligent when they don’t meet the standard of care, which is the level to which someone is reasonably expected to treat you. If a medical professional who is treating you is negligent, then they are guilty of malpractice.
Malpractice can come along at different stages before, during, or after your child’s delivery. Mistreatment by a doctor or nurse can be medical negligence, but malpractice can also look like an unsafe or unsanitary hospital or a manufacturer making faulty medical equipment.
If you are the victim of malpractice, then the at-fault party may be liable to pay for any expenses or damages associated with their wrongdoing. An Oregon birth injury lawyer will be able to help keep negligent health care providers accountable.
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Common Birth Injuries
Birth injuries can appear in many different forms. While you should always consult with a medical professional to understand your child’s condition, there are some hallmarks of injuries caused by malpractice. Common types of birth injuries include:
- Brain damage
- Brachial Plexus injury
- Spinal cord injuries
- Bone fractures
- Shoulder dystocia
- Umbilical cord strangulation
If your child has suffered any of these injuries before, during, or after delivery, then you may be the victim of a negligent medical professional.
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What Causes Birth Injuries?
Many things can go wrong during a difficult birth. While accidents do happen, sometimes an error can occur because of negligence or carelessness. Common causes of birth injuries can include:
- Loss of blood flow
- Lack of oxygen
- Infection in the mother or child
- Excessive force when removing the child from the birth canal
- Misuse of medical instruments like forceps or vacuum devices
If your health care provider fails to notice an adverse condition or recklessly injures your child, they should be held responsible for their negligence.
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Damages Available in Medical Malpractice Claims
When someone is found to be guilty of negligence, they’re obligated to pay for your damages. Those damages can be economic, meaning financial expenses you have had to pay because of your child’s injury, or non-economic, meaning tolls on your quality of life. Damages available in your birth injury case can include:
- Medical bills
- Ongoing treatments and physical therapy
- Accessible modifications to your house and vehicle
- Specialized equipment like wheelchairs or braces
- Lost wages due to childcare
- Pain and suffering
- Mental anguish
When you sit down for a free initial consultation with one of our Oregon birth injury attorneys, we will be able to give you a general idea of what damages you can expect to be repaid for. Then we will get to work on your case so you can focus on making sure your child is comfortable and cared for.
How Can an Oklahoma Birth Injury Attorney Help?
The legal details of a birth injury lawsuit can be complicated and confusing. Having a medical malpractice attorney in your corner means that an experienced professional is looking out for you and your best interests. An Oklahoma birth injury lawyer can handle your case by:
For your case, an attorney must clearly show that you are the victim of malpractice. To do this, a lawyer from our law offices will search through medical records, interview witnesses, and get testimonies from medical experts to prove medical negligence.
Your attorney will need to prove that your healthcare provider had a legal duty of care and violated that duty, causing your child’s injury. Then they will need to prove the damages the malpractice caused.
Calculating Your Damages and Negotiating with the Insurance Company
To get you fair compensation, a birth injury lawyer will need to calculate what damages you’ve already suffered, as well as those you are likely to have in the future because of someone else’s negligence. Our lawyers have the experience needed to know what to look for in your case.
After we tally up your damages, we’ll convey that to the insurance company that is handling your compensation. They often will try to lowball you so they don’t have to pay your full settlement, but a skilled attorney can keep you from getting tricked or bullied.
Representing You in Court
Usually, malpractice lawsuits are settled outside of court. The at-fault party and the insurance company will likely come to an agreement with you on a settlement. If they don’t, however, we will fight for you so you get the justice you’re owed.
Our lawyers work on a contingency-fee basis, which means they don’t get paid until you do. You and your representation will agree on a percentage before we get started on your case, and only after you get compensation will we take our fee.
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Birth injuries can cause lifelong conditions like cerebral palsy or Erb’s palsy. You shouldn’t have to take care of your child’s needs without any financial help. Compensation can mean a new chapter in your life, and a birth injury lawyer in Oregon can help you get there.
The attorneys at Birth Injury Lawyer Group are waiting to help you today. Contact us for a free consultation. We will help your family get back on track after medical negligence.
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