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How Medical Malpractice Birth Injury Claims Are Won

Posted by attorney Jeffrey Rasansky

Sometimes, a birth injury is the direct result of medical negligence. It may have been a doctor who was negligent, nurses, a healthcare facility, a midwife or anyone else who had a duty to the patient to provide competent medical care and who failed in that duty. There are attorneys who have a great deal of experience working on these cases and who can help families who are in situations where they are facing extremely high medical bills, a great deal of personal difficulty and who are trying to provide for a child with a condition such as cerebral palsy.

Starting the Case

Whenever a child is diagnosed with a condition that resulted from a birth injury – such as cerebral palsy – there is an investigation into how that child came to be injured in the first place. In some cases, it will turn out that the investigation points to medical negligence. Of course, this doesn't mean that the hospital or the doctor's insurance company is immediately going to try to make good on what happened by offering the family a suitable settlement. A settlement may be offered, but it will generally not be appropriate for the damage done.

If an attorney takes your case, they will also conduct an investigation. The attorneys that handle these cases have access to experts and all of the resources they need to bolster their argument in court. Attorneys who handle these claims a lot also have a great deal of knowledge themselves, and that helps them to differentiate between claims that are not likely to go anywhere and claims that are entirely legitimate and that demonstrate that the parents and the child do deserve to be compensated.

Settlements and Jury Awards

Sometimes, an attorney will be able to win one of these claims without going to court. This happens when the attorney is able to persuade the defendant to offer a settlement – a worthy settlement – in exchange for not having to go to court and paid to have a case tried that the defendant will probably lose, anyway. In other cases, the attorney will go to court and argue for the family.

The attorney will work to establish that medical negligence played a part in the child being injured and that, if there was no negligence, the child would've likely not been in any danger at all. Medical malpractice birth injuries are certainly valid reasons to sue. Consult with an attorney to see if you have a valid lawsuit.

RASANSKY LAW FIRM 2525 McKinnon Street Dallas, Texas 75201 (855) 833-3707

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