Birth Trauma Attorney
The birth injury lawyer smiled at the little girl who was in a high tech wheelchair, making her way through a number of people who had come to her fifth birthday party to celebrate another year of grace and mercy extended to the tragic victim of cerebral palsy. The law practitioner's mind raced back to the day the young girl had been delivered at a large hospital in the south and the incredible story of mismanagement and deceit that had occurred in the birth room. The parents of the little girl were barely twenty-five, and on the day they called the birth trauma attorney didn't even have the money for the husband's meal in the hospital cafeteria. The law practitioner had become close friends of this couple and stopped by regularly to bring his own children to visit the little girl, who despite her life circumstances, found a way to always smile and bring sunshine to others around the little one. On this day, the many others that had come by to see the lass were also touched by the spirit and the life of this little girl.
The birth injury lawyer thought about that day and was still pleased that his efforts were able to bring the parents almost fourteen million dollars in damages against the hospital and attending physician. Since cerebral palsy is estimated to cost a person or a family almost one and a quarter million dollars over the lifetime of a victim of cerebral palsy, the settlement went a long way to allowing the mom to remain at home with the little daughter and give the ongoing care that she needed daily. In addition, the parents were able to buy a one floor house that was especially equipped to handle all of the needs that this little girl would have for the present and the future. The lawsuit process stretched over a three year time frame, and the insurance companies involved in the suit were very reluctant to pay the damage settlement, and continued to press the birth trauma attorney for less than the barrister knew could be awarded if the legal course remained true. "But Jesus said, "Suffer little children, and forbid them not, for of such is the kingdom of heaven.'" (Matthew 19:14)
The birth injury lawyer knew the grim statistics all too well. For every one thousand births in industrialized countries, two births either bring about or reveal cerebral palsy. For the little girl who was at that moment tooling around greeting all the guests in the high tech wheelchair with a dozen helium balloons trailing behind the happy daughter, five years ago on this date was the day of infamy for the child. There were a number of signs that the baby might have suffered from cerebral palsy as a result of poor birth management on the part of medical practitioners. The mother's water had broken early in the evening before the birth occurred, but the obstetrician on call decided to wait what would later be decided as three hours too late to deliver the baby with a c section. On several occasions during the evening, a young nurse came in to read the fetal monitor strip and report to the doctor on call, but later was discovered to have read the monitor incorrectly. Finally, when the baby was beginning to be delivered, the obstetrician did not anticipate possible injury to the child and failed to call in a pediatrician for immediate care to the child after birth.
As the birth trauma attorney continued his travel back down memory lane, he remembered the testimony in court. As soon as the child was born, the obstetrician noticed that the baby appeared blue and immediately began resuscitation efforts and called for a pediatrician to come to assist with care. Later, the pediatrician noticed that on the warming tray the infant seemed to flop around rather than have some control over bodily movement. All these elements became part of the plaintiff's case against the hospital and staff in the wrongful injury lawsuit brought forward by the little girl's parents. What apparently spelled the death knell for any defense hopes was the continual rebuff of staff members to the validity the mother's complaints possessed that the birth just didn't seem right, that there was something wrong happening inside of the frantic mother. The jury in the civil trial apparently felt that there was little effort on the part of the hospital and staff to investigate more fully the complaints and concerns the mother had offered on that night.
Hiring an attorney with superb expertise in a particular area of law practice is almost always a sound decision when considering civil action of a life altering nature. In this case, a birth injury lawyer made all the difference in helping to turn a young family's tragedy into more of a life enriching incident. The little girl had suffered no mental loss at birth, and was judged to actually have exceptional mental capacity which would enable her to attend a regular school and find inclusion to be a normal part of her life. The parents had found their faith increased and a belief that the legal system was a fair arbiter of justice. For the birth trauma attorney, it was one of the great victories in his years of law practice. The victory earned his family a cool three million dollars and after taxes, the amount was enough to send all four of his children to college.
Birth Injury LawyerLocating a birth injury lawyer isn't difficult, but knowing when to seek the services of one can be extremely difficult. Christians, as well as others, must let wisdom, compassion, and courage dictate when to retain an attorney, not vengeance or greed. "Happy is the man that findeth wisdom, and the man that getteth understanding. For the merchandise of it is better than the merchandise of silver, and the gain thereof than fine gold. She is more precious than rubies: and all the things thou canst desire are not to be compared unto her. Length of days is in her right hand; and in her left hand riches and honor. Her ways of pleasantness, and all her paths are peace. She is a tree of life to them that lay hold upon her: and happy is every one that retaineth her." (Proverbs 3:13-18) Birth injuries can be devastating, especially when malpractice is involved. And, obviously, some birth injuries are the result of negligence. But, only a thorough and professional investigation can determine the cause of an injury. When a child is born with a lifelong condition such as Cerebral Palsy, the first response by parent may be to make the responsible person or persons pay.
If negligence is suspected, consulting with a birth injury lawyer is certainly advisable to determine a course of action, which may include a lawsuit. Injuries are often the result a series of complex elements. Some occur during labor in the form of fetal distress. Often signs are obvious. If fetal distress is observed, emergency procedures can be taken to relieve the stress. This may include delivering the baby by cesarean section. However, any emergency surgery presents risks of birth injury. And, it may be extremely difficult to determine the exact cause of an injury. A birth injury lawyer or the firm he or she is associated with should have professionals and medical experts on staff to thoroughly investigate injury claims and determine whether or not negligence was the cause. Many law firms offer free initial consultations and evaluations.
There are numerous causes of birth injuries. Some may be preventable and some may not. Actions or lack thereof on the part of the mother may even result in the injury. Often times a birth injury lawyer will attempt to lure clients with promises of large cash settlements claiming negligence on the part of the medical professional. And that may be the case, but Christians should avoid this type of temptation and find an attorney who is interested the emotional and physical well-being of both the baby and parent, not just financial gain. A fair, honest, and competent birth injury lawyer may seek monetary compensation to cover the expenses of raising an injured child. Again, allow compassion and wisdom to dictate actions. Consult a medical professional with questions regarding causes of birth injuries, but some common elements that might contribute to fetal injuries are high or low birth weight, or the baby being born feet first. And, the weight and health of the mother could be a contributing factor. It's entirely possible that steps could have been taken to prevent injuries. But, it's well beyond the scope of this article to make any such determination. After reviewing all the facts of the case, a birth injury lawyer can help a parent decide on an appropriate course of action.
Not all injuries continue for the life of the child. However, some do result in serious nerve damage or other bodily harm. Of course the most serious form of injury results in the death of the infant. Cerebral Palsy is a common injury that does have life-long implications. Basically, it's a disorder that is usually caused by some sort of brain-related trauma before, during, or after birth. Symptoms and severity of Cerebral Palsy vary. It can result from trauma to the baby's head or from a sudden disruption of oxygen to the brain. The baby getting stuck in the birthing canal or fetal distress can result in a disruption of the oxygen flow. Some of these injuries are preventable and some are not. For example a mother, may have experienced problems at home and couldn't get to the hospital on time. Again, a birth injury lawyer interested in getting all the facts can help determine the cause.
There are many types of injuries that could happen during the birthing process and each has its own complicated set of elements. Consult a medical professional for details. Facial paralysis, fractures, medication related injuries, hemorrhaging, or shoulder dystocia could all occur. Often a quick diagnosis and prompt treatment can prevent the injuries from becoming severe or even life threatening. Only a qualified medical professional can make an accurate diagnosis. Monetary compensation awarded in a lawsuit can cover the costs associated with the birth injury. Awards could cover medical bills, physical therapy, medical equipment, and even pain and suffering. Also, a lawsuit may prevent further injuries of the same type from happening. If, after a thorough investigation, a lawsuit is filed, a birth injury lawyer will generally work on a contingent fee system. That means that their getting paid is contingent on a successful case and collecting damages. Normally, the fee will be a preset percentage of whatever is awarded. Clients don't pay the attorney, if the case is unsuccessful. But there may still be costs. Frivolous lawsuits waste time and are costly for everybody involve. So, proceed wisely.