Dallas Birth Injury Attorney

Despite all of the advances in modern medicine, birth injuries are still quite common, and they affect the lives of millions of people. If you have had a child, you know how important your daughter or son's well being is to you.

The most disheartening part about birth injuries is that most are preventable, and they often arise from improper care on the part of a negligent party such as a doctor or a nurse.

Covered in This Article

• Common Types of Birth Injuries
  • Brachial Plexus
  • Cerebral Palsy
  • Erbs Palsy
  • Nerve Damage
• The Real Cost of Birth Injuries
• Our Technique at Grossman Law Offices
• How Our Experience Will Help You

If your child was born with some form of birth injury because of a doctor's malpractice, you have a right to be compensated for your loss. Dallas birth injury attorney Michael Grossman has been providing legal representation to the DFW area for over 20 years.

Grossman Law Offices can provide you with information so that you have a better understanding of what your rights as a parent are in the aftermath of your child's birth injury.

Common Types of Birth Injuries

Generally, what happens during childbirth that causes these injuries is that the doctor will become impatient and pull too hard on the child while removing him/her from the birth canal. Naturally, this will cause damage to the child. For illustrative purposes, several common birth injuries have been described for you below.

• Brachial Plexus
  This is an incredibly common injury that occurs during the birthing process due to a difficult birth. The brachial plexus relates to a network of nerves that are responsible for transferring signals that control the muscles of the arms, wrist, elbow, shoulder, fingers and hands. The reason these injuries occur during birth is oftentimes a baby's shoulder will be stretched excessively during the passage through the birth canal. This typically occurs because the physician is using excessive haste in removing the child from the birth canal. Some of these injuries may heal without any treatment, whereas other brachial plexus injuries need physical therapy or even surgery.

• Cerebral Palsy
  Cerebral palsy involves a number of different conditions that affect movement and balance. This ailment is typically caused by children born prematurely. The premature brain is a high risk for bleeding, and this is one of the causes of cerebral palsy. Yet another cause relates to the lack of oxygen to the brain. The main symptoms of cerebral palsy have to do with impaired motor functions resulting from brain damage caused by this disease. In addition, there may be some issues with speech delay and other basic motor function problems.

• Erbs Palsy
  Erb's palsy involves the paralysis of the arm that results from injury to the main nerves in the arm. This disorder is actually a part of the brachial plexus, which was described above. This injury occurs most commonly during difficult births. Typically, if the child's head and neck are pulled excessively when the shoulders are passing through the birth canal, the injury that results may be able to resolve itself on it's own or over a period a months. However, there have been instances where surgery or therapy was necessary.

• Nerve Damage
  Nerve damage in infants due to birth injuries encompasses all of the injuries that were discussed above because every one of them stems from some damage to the nerves. However, there are more nerve traumas that occur during childbirth. One particularly frightening birth injury involves facial palsy. The newborn's facial nerves can be damaged during childbirth, which will prevent those nerve muscles on his/her face from functioning properly. This is typically noticeable during laughter by the infant because a portion of the face will remain motionless.

The Real Cost of Birth Injuries

Birth injuries are particularly devastating to a family because additional care that the child will need as they grow older is incredibly costly. Moreover, oftentimes victims of birth injuries will need care as they become adults as well.

The goal of a birth injury case is two-fold. One, to make sure that the negligent practices of doctors are revised so that no one else suffers a similar situation. Two, to secure enough compensation for the injured child and their family so a child can live as normal a life as physically possible.

Our Technique at Grossman Law Offices

Our Dallas birth injury lawyers begin every case by examining the facts and circumstances as reported by the client. We follow up by obtaining the medical records and identifying the necessary proof contained therein. If we feel that the evidence is sufficient to pursue the doctor we will then typically file suit at this point.

The state of Texas requires that you designate an expert to provide testimony so that you are not simply pursuing a doctor without proper basis for doing so. You need another physician to provide expert testimony showing how the negligent doctor acted wrongly causing injury.

Assuming the court fulfills their obligations and executes the necessary formalities, the court will allow you to proceed. We will depose the negligent physician while the defendants will depose our expert. Deposing these parties forces them to provide statements that we will use to support your theory of recovery so that your cause of action may have a successful outcome.

During this time, we will have a life care planner meet with your family to learn more about your circumstances so that the life care provider can determine the true costs of the child's injuries. We will then make a demand to the defendant equal to the amount that will be needed, and the defendants may choose to negotiate a settlement. In the event the defendant(s) choose not to settle and refuse to negotiate a settlement, we will pursue them through the court system.

How Our Experience Will Help You

Before 2003, medical malpractice cases had as much a likelihood of settling as car accident cases or anything else. Since 2003 it's rare to have a medical malpractice case that does not have litigation. Therefore, if you hire a law firm that does not have trial experience then you will be at a sizable disadvantage.

You can rest assured that this will not be the case with Grossman Law Offices. We have been taking cases just like yours to trial for over twenty years and have the necessary skill and experience to get you the maximum compensation that you deserve. To discuss your potential claim in greater detail, contact Grossman Law Offices at 1-855-326-0000.

By E. Michael Grossman

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