Frequently Asked Questions About Birth Injuries

Medical malpractice resulting in birth injury is a complex area of personal injury law that requires the analysis and evaluation of the level of care provided by doctors, nurses and hospitals.

At The Talaska Law Firm, our birth injury and medical malpractice lawyers, 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; we have compiled a few of the most common ones here, along with our answers.

Why Was My Child Injured?

Answering this question 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 firm calls upon highly qualified doctors from several specialties to serve as expert witnesses. The physicians testify in court on your behalf about:

  • How 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 the future costs of the child's special needs will be

In addition, our lawyers use teaching aids such as computer animation, medical illustrations, medical chart blowups, medical literature and videotapes to educate and convince the judge and jury that medical malpractice has occurred.

What Will It Cost To Hire An Attorney With Your Experience To Represent My Child?

We take on birth injury cases under a contingent-fee agreement. A contingent fee means The Talaska Law Firm will only receive a fee and be reimbursed for case expenses if we obtain a monetary recovery on your behalf. 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?

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 A "Birth Injury" 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.

For example: cerebral palsy is often the result of a birth injury, such as when a lack of oxygen during birth damages an infant's brain. For more information about cerebral palsy, visit our page.

Have Additional Questions? Arrange A Free Consultation.

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 888-791-5191 today or send us a message online.