Following a medical procedure, unexpected complications can arise. While some negative outcomes are simply unfortunate side effects, others might be the result of medical malpractice.
Read further to learn more about how an Oklahoma medical malpractice lawyer can help victims understand their rights, understand what a doctor’s apology means for a case, and determine if you have a valid claim.
Proving Medical Malpractice: Beyond a Bad Outcome
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care and harms a patient. Simply experiencing a bad outcome after a medical procedure isn’t enough to prove malpractice.
Here’s what you need to demonstrate in order to have a valid case:
- Doctor-Patient Relationship: A doctor-patient relationship existed between you and the healthcare professional in question.
- Breach of Duty: The doctor or other healthcare provider failed to provide the standard of care expected from a professional in their field.
- Causation: The breach of duty directly caused your injury.
- Damages: You suffered damages, such as physical pain, emotional distress, or financial losses due to your injury.
Oklahoma’s “I’m Sorry” Law
To address what appears to be commonly confusing for doctors and patients, Oklahoma has an “I’m sorry” law in place. This law protects apologies made by doctors and hospitals from being used as evidence of medical malpractice.
This means that when a doctor verbally expresses regret or apologizes for a bad outcome, it doesn’t mean they are confessing to malpractice. When we are fortunate enough to have medical providers who genuinely care, we may receive a sincere apology.
Apology vs. Confession of Negligence
There’s a distinct difference between an apology and a confession of negligence. An apology expresses sympathy or regret for a bad outcome, while a confession acknowledges fault for causing the harm.
Statements that might be considered evidenceof malpractice include:
- A doctor admitting they made a mistake during surgery.
- A nurse acknowledging they failed to follow proper medication protocols.
- Hospital records indicating a deviation from standard care procedures.
Statements not considered evidence of malpractice include:
- A doctor saying, “I’m sorry you’re going through this.”
- A nurse apologizing for any discomfort you might be experiencing.
Build Your Case with an Oklahoma Medical Malpractice Lawyer
Medical malpractice cases are complex and require a thorough investigation to gather evidence that proves negligence and its link to your injuries. An Oklahoma medical malpractice lawyer from Parrish DeVaughn Injury Lawyers has the experience and resources to:
- Meticulously Review Your Medical Records: Your medical records are a goldmine of information for your malpractice claim. A lawyer can thoroughly review them to identify potential deviations from the standard of care, such as missed diagnoses, improper treatment protocols, wrong medication, or a lack of documentation for key decisions.
- Consult with Medical Experts: Understanding the expected standard of care in your specific case requires expertise beyond the legal realm. An Oklahoma medical malpractice lawyer will consult with qualified medical professionals who can analyze your situation and provide evidence regarding the appropriate standard of care and whether it was breached.
- Gather Evidence to Support Your Claim: Beyond medical records, evidence such as witness statements, pharmacy records, and billing statements can all be crucial for building your case. A lawyer will know how to obtain this evidence and ensure it is properly presented to support your case.
- Negotiate With the Insurance Company: Healthcare providers are typically insured, and their insurance companies will likely be responsible for any compensation awarded in successful medical malpractice cases. An Oklahoma medical malpractice lawyer has the experience to negotiate aggressively with the insurance company to ensure you receive fair compensation for your injuries.
H2: Don’t Wait to Get Help: Schedule a Free Consultation Today
If you believe you may have been a victim of medical malpractice, don’t hesitate to seek legal guidance. The sooner you contact a lawyer, the sooner they can start building a strong case on your behalf.
Schedule a free consultation today with an Oklahoma medical malpractice lawyer from Parrish DeVaughn Injury Lawyers to discuss your situation and learn about your legal options.
Just like all other healthcare professionals, dentists have a duty to provide their patients with the best possible care. Unfortunately, dentists don’t always uphold that duty.
When dentists’ negligence causes their patients to suffer injuries or harm, their patients can sue them for medical malpractice—in this case, dental malpractice.
If you were harmed by a dentist, here’s what you need to know.
What Are the Common Types of Dental Malpractice?
Dentists can commit medical malpractice in many different ways. They can:
- Damage patients’ gums and teeth
- Fail to diagnose oral health problems, including cancer
- Fail to inform patients of the risks and side effects of procedures
- Fail to sterilize their equipment, which can cause serious infections
- Fail to take proper precautions with patients who have conditions such as hemophilia, diabetes, COPD, and others
- Give patients too much or too little anesthesia before a procedure
- And many more
How Does Dental Malpractice Happen?
One of the most common reasons that dentists commit dental malpractice is because they rush through patients to see as many as possible in a single day. Many dentists own their own practices, and to maximize profits, they may book as many patients as possible per day.
In many dental practices, dentists spend only a few minutes with each patient, leaving most of the examination and cleaning process up to dental hygienists. When dentists rush through examinations, they can miss the signs and symptoms of serious oral health problems.
And when dentists have patients that require them to be more hands-on, they may still try to get through their appointments as quickly as possible to see their next patients. When dentists don’t take their time and give patients the care and attention they deserve, they can make big mistakes that can seriously injure or harm their patients.
Dental Hygienists Can Also Commit Dental Malpractice
At typical checkup and cleaning appointments, patients spend far more time with hygienists than their dentists. Hygienists have many duties, including reviewing dental and health history, checking teeth for signs of decay or disease, cleaning teeth, taking X-rays, educating patients on oral health, and more.
Although dentists are sued far more often than hygienists, hygienists can be sued for dental malpractice in certain situations. Examples include:
- Failing to review or update patients’ medical and dental history
- Failing to detect abnormalities inside patients’ mouths and alert the dentists of them
- Injuring patients while performing cleanings and other routine procedures
Endodontists Can Commit Dental Malpractice
If you have problems with your teeth that your dentist can’t fix, you may be required to see an endodontist. Endodontists specialize in diagnosing problems inside teeth, treating tooth pain, and performing root canals.
Endodontists can commit medical malpractice if they fail to diagnose problems inside teeth or make negligent mistakes while performing root canals. One of the most common negligent mistakes involves endodontists failing to clean out the inside of teeth during root canals, which can lead to infection, loss of tooth, and even loss of bone in the jaw.
Oral Surgeons Can Commit Dental Malpractice
Unlike most dentists and endodontists, oral surgeons are dentists who are also medical doctors. That means they can perform services beyond what dentists and endodontists provide, including complex tooth extractions (primarily wisdom teeth and impacted teeth), tissue biopsies, tumor removals, jaw surgeries, reconstructive surgeries, and more.
Dentists often refer their patients to oral surgeons for these services, and oral surgeons can commit medical malpractice in the same way that surgeons who work on other parts of the body can.
They can:
- Operate on the wrong part of the mouth
- Remove the wrong tooth
- Negligently cause patients to develop infections
- Negligently cause patients to bleed excessively
- Damage nerves when operating or extracting teeth
- Fail to prepare patients for post-operative recovery
- And more
Our Oklahoma Medical Malpractice Lawyers Can Help if You Were Harmed
People don’t always view tooth-related problems as being as serious as other health issues. The same goes for when patients are harmed by dentists, endodontists, and oral surgeons. But problems with your teeth and jaws can seriously impact many aspects of your life. If you were harmed by an oral health professional, you know how painful, debilitating, and costly these conditions can be.
At Parrish DeVaughn Injury Lawyers, our Oklahoma medical malpractice attorneys want to help you get the compensation you deserve. Contact us anytime for a free case review. You owe us nothing for your consultation, and you’ll never see a bill from us unless we get money for you.
When you go to your doctor or a hospital for treatment for an injury or illness, you want to feel better quickly. However, that doesn’t always happen. Many patients don’t recover as expected, and some even get worse.
If you were recently treated by a healthcare provider and your symptoms or health condition worsened, you may be wondering what happened—is it just the luck of bad genes, or did your doctor make some error?
Ask yourself the following questions to determine if you might be a victim of medical malpractice.
Did Your Health Worsen After a Treatment?
If your health worsened after a treatment that was supposed to make you feel better, there could be many reasons for that. Some of those reasons involve medical malpractice, including:
- Your doctor prescribed you the wrong medication.
- Your doctor prescribed you the wrong dose of a medication.
- Your doctor prescribed you a medication that contains an ingredient that you’re allergic to, or that reacts poorly with another medication you are prescribed.
- Your doctor misdiagnosed you and treated you for a condition you don’t have.
- Your doctor performed a procedure, operation, or treatment that he or she isn’t licensed or qualified to perform.
It’s important to note that having a bad outcome, including worsening health, after receiving treatment doesn’t always mean that medical malpractice occurred. But in many cases, it does. It’s always worth investigating what happened if your health worsened after a treatment, especially if it was a routine treatment with minimal risks.
Did Your Doctor Seem Rushed or Impatient When Treating You?
Doctors are supposed to take their time and carefully treat their patients with full consideration. When they rush through examinations, treatments, and procedures, they’re more likely to make preventable mistakes. Doctors who don’t give each patient their undivided attention and focus aren’t doing their jobs properly and aren’t giving those patients the care they’re owed.
Did Your Doctor Perform Diagnostic Tests Before Treating You?
Not every health problem requires tests to diagnose or treat. But in many cases, they’re necessary to help doctors choose the right treatments, medications, and even surgeries to help patients feel better. If your doctor never ordered blood work, X-rays, MRIs, CT scans, or any other type of tests or imaging, it could indicate that he or she didn’t follow all recommended steps before treating you, which may have contributed to a misdiagnosis or missed diagnosis.
Did Your Doctor Listen to You and Take Your Concerns Seriously?
While it’s true that doctors are the experts when it comes to health concerns, patients are their own best advocates. It’s important for doctors to not only allow their patients to have a say in their medical treatments and to question their treatment plans to better understand them; they should encourage it. When doctors fail to listen to their patients or even discourage them from speaking up before and during treatments, they can cause patients to suffer serious and preventable harm.
Did You Get a Conflicting Second Opinion?
It’s always a good idea to get a second opinion, especially when your health is at stake. Whether you’re lining up contractors to work on your house or considering doctors to treat your illness or injury, getting a second opinion can help you get a better idea of what’s required and the potential outcome. If you received a conflicting second opinion about your health before your health worsened post-treatment, it could indicate that the doctor who ultimately treated you misdiagnosed you or failed to properly treat you.
Did Your Doctor Not Follow-Up with You After Your Treatment?
Sometimes, medical malpractice occurs not during a patient’s initial treatment, but during post-treatment care. Many treatments require doctors to closely monitor their patients’ recoveries through frequent office visits, examinations, lab tests, and more. If your doctor didn’t follow-up on your recovery, your health may have worsened because of complications that could have been prevented or treated.
Did Another Doctor Tell You that You Might be a Victim of Malpractice?
Getting a second opinion of your condition isn’t just for pre-treatment decisions. It can also be done after you’ve received treatment—especially if you suspect you’re a victim of medical malpractice. The doctor who treated you is extremely unlikely to admit to medical malpractice, but another doctor can evaluate you and may be able to help you determine if you were harmed because of negligence.
We Can Help You Determine if You Were Harmed by Medical Malpractice
Whether you’ve answered yes to all of these questions, just a few, or none at all, it’s still important to get an experienced Oklahoma medical malpractice lawyer on your side. At Parrish DeVaughn Injury Lawyers, we have years of experience building medical malpractice claims, and we know how to quickly and accurately determine when malpractice occurred.
If you suspect you’re a victim, we want to help. Contact us today for a free consultation. It’s our goal to help you get the money you deserve.
Studies show that most Americans have positive views of medical doctors, and they especially like and trust their own doctors. Unfortunately, doctors are human and can make mistakes, some of which can seriously harm and even kill their patients. When these errors are due to negligence, the victims and their families may be eligible for compensation for the resulting medical expenses.
Patients harmed by their doctors often face long and expensive roads to recovery. They may need to go on expensive medications, or they may need surgeries to correct the injuries they suffered and physical rehabilitation to regain lost function and mobility. These patients can often file medical malpractice claims but may hesitate to do so because they don’t want to cause trouble for their doctors if they have a good relationship with them.
If you or someone you love was harmed by your doctor’s actions and you’re wondering what will happen to him or her if you file a lawsuit, this blog can help you better understand the implications for doctors who are accused of malpractice, and when it makes sense to follow through with a lawsuit.
First, What Constitutes Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, technician, or other healthcare provider provides care that falls short of the accepted standard and harms their patient in the process.
All medical malpractice cases involve a few provable key elements:
- Duty of Care: The healthcare professional must have a duty to provide care to the patient (i.e. they have a doctor-patient relationship).
- Breach of Duty: The professional failed to meet the standard of care expected in the medical community.
- Causation: The breach of duty directly caused injury or harm to the patient.
- Damages: The patient suffers actual harm or damages due to the breach of care.
Examples of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition that a competent doctor would have identified.
- Surgical Errors: Performing an unnecessary surgery or making mistakes during a procedure.
- Medication Errors: Prescribing the wrong medication or dosage.
- Improper Treatment: Providing non-standard or ineffective treatment for a patient’s condition.
Not all adverse or negative medical outcomes are due to malpractice. Medical malpractice does not include:
- Unfavorable Results: Sometimes, patients don’t recover as expected, even with proper care. A poor outcome doesn’t automatically constitute malpractice.
- Accepted Risks: Every medical procedure has known risks. If a complication arises that is a known risk and which the patient was warned about before agreeing to the procedure, it’s not considered malpractice.
- Disagreements in Treatment Choices Among Providers: Doctors may have different opinions on treatment methods. A difference in professional judgment doesn’t amount to malpractice if both methods are within the accepted standard of care.
Most Doctors Have Been Sued for Medical Malpractice At Least Once
No doctor wants to be sued for medical malpractice, but it’s something that many doctors will face at some point during their careers. Nearly 50% of doctors who practice until they’re at least 55 years old will face at least one medical malpractice lawsuit.
If you sue your doctor for medical malpractice after you were harmed due to a procedure or treatment, you won’t be doing anything unexpected from their perspective. In addition, certain doctors are more likely to be sued than others. General practitioners are far less likely to be sued than surgeons, as general practitioners’ mistakes are often less damaging than those made by surgeons.
Doctors Have Medical Malpractice Insurance to Protect Themselves and Their Practices
Doctors who work for hospitals and healthcare clinics are usually required to opt into their hospitals’ insurance policy or purchase medical malpractice insurance to protect themselves and the organizations they work for if they’re sued. In addition, most doctors who own private practices are also insured against medical malpractice claims.
That means that if you sue your doctor, they are unlikely to be required to pay for your damages out of their own pocket. Instead, their medical malpractice insurance will cover your medical bills, lost wages, pain and suffering, and other malpractice-related expenses.
Your Doctor Is Unlikely to Lose Their License—Even if You Win Your Claim
Most medical malpractice claims settle out of court. That means the issue is usually between patients, their lawyers, and their doctors’ or hospitals’ insurance companies. In these cases, there’s no admission or verdict of guilt on the doctors’ or hospitals’ behalf, which means that doctors usually don’t face disciplinary action.
And even when medical malpractice claims are elevated to lawsuits that are heard in court, doctors found guilty of medical malpractice are still unlikely to lose their licenses unless it was discovered the malpractice was due to drug or alcohol abuse.
However, they may be investigated by the Oklahoma Board of Medical Licensure and Supervision, and they may receive disciplinary actions. Patients can look up their doctors using the search function at www.okmedicalboard.org to find out if they’ve had any disciplinary actions taken against them in the past for malpractice.
Your Needs Come First After a Medical Malpractice Injury or Illness
When your family has been seeing the same doctor for years, the idea of suing your doctor can seem like a bridge too far—even if you desperately need compensation for your medical bills and lost wages after a preventable injury or illness. But unless you pursue compensation through the legal system, you’ll be forced to pay for these new added medical expenses yourself. Even if you have health insurance and disability insurance, you’ll still pay likely pay a large sum out of pocket. This is why we recommend filing a medical malpractice lawsuit to cover the medical costs your health insurance won’t pay, as well as providing compensation for the physical pain you suffered due to your injury.
Insurance exists as a buffer between liable parties and the damages they’re required to pay the people they harm, and medical malpractice insurance is no different. However, if you decide to pursue a malpractice claim against your doctor, it’s essential to have an experienced Oklahoma medical malpractice lawyer on your side due to the complexity and difficulty of these claims.
Let Us Handle Your Medical Malpractice Claim
At Parrish DeVaughn Injury Lawyers, we know that medical malpractice claims are difficult for many reasons. Not only do they require significant evidence to win, but they also require taking legal action against people our clients often have good relationships with.
When you get our firm on your side, we’ll handle your claim with the sensitivity and dedication it requires. Trust our years of experience and knowledge of Oklahoma medical malpractice laws to get the job done for you and your loved ones. Contact us today for a free consultation.
Originally published August 1, 2022.
The phrase “birth injury” is typically associated with complications that occur during the delivery process. And while those injuries account for many birth injuries, they don’t account for all of them. Many injuries occur before and after delivery.
But in many cases, parents don’t realize when their babies were harmed, especially if they aren’t diagnosed until after delivery. They may think that they were harmed during the actual delivery, or that their injuries couldn’t have been known or diagnosed until after delivery.
Parents of Children Injured Before Birth Can Sue for Damages
Outside of minor symptoms experienced by expectant mothers, most pregnancies are relatively complication- and trouble-free. But some women run into more issues with their pregnancies that can put their babies at risk. It’s up to doctors and midwives to regularly monitor women and their babies for signs of trouble and to take the necessary steps to avoid complications.
Unfortunately, that doesn’t always happen. Monitoring should begin early and continue through admittance to the hospital and the actual delivery process. When delivery specialists fail to perform the necessary examinations and order the required tests, serious complications can go undiagnosed and untreated.
Whether a birth injury could have been prevented during an early examination or mere minutes before delivery, affected families can sue for injuries that occurred before the actual birth of their children.
What Types of Injuries Can Occur Before Birth?
Babies can sometimes be seriously injured in their mothers’ wombs weeks or even months before their due dates. Common injuries include:
- Umbilical cord injuries—Babies can be seriously harmed if their umbilical cords become tightly wrapped around their necks. This can cut off blood supply to their brains, which can result in brain damage that can affect their motor skills and cognitive function.
- Infection-related injuries—When pregnant women develop serious infections, they can pass them to their children. Their healthcare providers should be ready to take immediate steps to prevent infection from spreading and to treat it if it occurs.
- Fever-related injuries—A low-grade fever usually isn’t anything to worry about in pregnant women, but high fevers can be damaging to their unborn children. When pregnant mothers report high fevers, their providers should take immediate steps to reduce them.
- Size-related injuries—Babies can range widely in weight and length and still be safely delivered. But when babies become excessively large before delivery, they can suffer injuries and put their mothers at risk. These babies often need to be delivered early via induction or C-section.
- Uterine rupture-related injuries—Uterine rupture is rare and not always possible to prevent, but some women have higher risk factors than others. Women who have had previous C-sections may be more likely to experience it, and their doctors and midwives should be prepared in case it occurs.
We Know How to Investigate Birth Injuries and Win Families Maximum Compensation
When something is wrong with you or your baby before, during, or after delivery, you’re devastated. You may wonder how something could go wrong when you had a team of healthcare professionals who were supposed to be looking out for you and your baby’s health. In some cases, errors like these occur because of negligence.
At Parrish DeVaughn Injury Lawyers, our Oklahoma City medical malpractice lawyers have the experience and resources to investigate your birth injury claim and find out exactly when and where it happened. Then, we’ll determine whose fault it is and hold them liable for your family’s damages.
You don’t have to face this difficult, emotional, and sensitive time alone. Get a law firm on your side that understands what you’re going through and has the track record of success to help you move forward with your life. Contact us today for a free consultation.
When many people think of birth injuries, they think of injuries that are immediately apparent because they result in hospitalization or even death. These injuries can be caused by the misuse of forceps and vacuum extractors during delivery, C-section mistakes, and oxygen deprivation.
But not all birth injuries are immediately obvious. Sometimes, birth injuries don’t show up until days or weeks after delivery. And in other cases, birth injuries aren’t detected until children begin to experience developmental delays years later. That means that families may take their babies home not realizing that they were severely injured by negligent doctors and other providers.
What Does the Law Say About Birth Injury Deadlines?
Oklahoma’s statute of limitations for birth injury claims is seven years from the date they occurred or from the date that parents should have known that they occurred. Many birth injuries are diagnosed at the hospital or birthing center before parents take their babies home. But some aren’t, which means the clock doesn’t start running on those claims until they’re diagnosed. However, if you are unsure when the clock started ticking on your claim, contact one of our experienced Oklahoma birth injury lawyers for a free consultation.
What Birth Injuries Have Delayed Diagnoses?
Here are a few common types of birth injuries that may take several months or even years to become obvious and diagnosable.
Nerve Injuries
The most common nerve injuries during delivery are those that affect the brachial plexus nerves. Babies who suffer these injuries may have difficulty controlling and feeling their arms. Brachial plexus injuries are common when doctors use too much force to pull babies through the birth canal, especially when the infants are a high percentile weight and length or are in a breech position.
Parents may begin to notice signs of nerve injuries, including Erb’s palsy, early in their children’s lives. They may hold one arm awkwardly against their body, or they may not demonstrate the Moro reflex, which is a sudden movement of their arms when they are startled.
Oxygen Deprivation Injuries
One of the biggest risk factors babies face during delivery is a lack of oxygen. A common cause of oxygen deprivation is the umbilical cord being wrapped around a baby’s neck too tightly. Another common cause is when a baby’s shoulders become stuck in the birth canal during delivery, which can reduce blood flow and oxygen supply to the baby’s brain. Oxygen deprivation often causes permanent, irreparable injuries.
Oxygen deprivation is one of the most common causes of cerebral palsy, which can have a wide range of effects on babies who develop it. While some babies may grow up to have only mild symptoms, others may be severely disabled. As with nerve injuries, the symptoms of cerebral palsy may take time to show up, and some parents may not realize their children are affected until they begin to walk.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) can occur either directly or indirectly. They can happen when doctors use too much force when trying to deliver babies via forceps or vacuums. TBIs can also happen due to oxygen deprivation in utero. However, the risk factors for this should be identified and treated by doctors, and that doesn’t always happen.
In rare cases, babies can even develop brain damage from being dropped or handled too roughly just after delivery. Shaken baby syndrome can occur with only small amounts of force, and it can sometimes happen unintentionally, even in hospitals. When babies develop TBIs, the symptoms may be immediately noticeable, or they may take several months to years to show up.
Don’t Wait to File a Birth Injury Claim
Although the statute of limitations for birth injury claims is long in Oklahoma, you should contact a lawyer as soon as your child has been diagnosed with a birth injury. If you wait too long, it can be more difficult to prove that your child’s health problems are related to a healthcare provider’s negligence. You may even have difficulty tracking down the doctor, midwife, or other provider who caused the birth injury.
At Parrish DeVaughn Injury Lawyers, our Oklahoma City medical malpractice attorneys are ready to help your family get the compensation you’re owed for a birth injury that was caused by negligence. Contact us today for a free consultation. We know what you’re going through, and we’ll work hard to get you the money you need.
Birth injuries are traumatic and unacceptable, especially when they occur because of a doctor or nurse’s negligence. When doctors fail to diagnose potentially dangerous conditions before birth, don’t take appropriate measures during delivery, or fail to act quickly enough when complications arise after delivery, they should be held accountable.
Mothers and families affected by birth injuries in Oklahoma can seek compensation for their damages by filing birth injury lawsuits. These lawsuits can target individual doctors and other healthcare providers, as well as hospitals and birth centers.
Mothers Have Just 2 Years to File Birth Injury/Medical Malpractice Lawsuits in Oklahoma for their Own Injuries
When mothers are harmed before, during, or after delivery by doctors’ negligence, they have only two calendar years from the date their injuries occurred to file lawsuits. That’s because pregnancy and birth-related injuries that occur to mothers are considered medical malpractice rather than “true” birth injuries in Oklahoma, and the statute of limitations for those claims is two years from the day they occurred.
Families Have 7 Years to File Birth Injury Claims for Their Babies
If a child is injured at birth, their parents or guardians have seven years from the date the injury occurred to file a birth injury lawsuit to collect damages for their child’s injuries. That means they can bring legal action against a doctor or hospital at any time until the child’s seventh birthday. If a child dies as a result of a birth injury, their family has two years from the date of their death to file a wrongful death claim.
The Statute of Limitations Only Starts When Injuries Are Discovered
Many birth injuries are obvious and often require treatment at the time they occur. But not all birth injuries are known by mothers and their healthcare providers right away. Some, especially brain injuries that can lead to developmental problems, like cerebral palsy, may take time to show up. In these cases, the statute of limitations doesn’t begin until the injuries are discovered. However, it’s still a good idea to always speak to a lawyer as soon as you suspect a birth injury so you don’t risk the clock running out.
Healthcare Providers Traveling/Living Outside of Oklahoma Can Extend the Statute of Limitations
When doctors, surgeons, midwives, and other parties whose negligence may have contributed to or caused a birth injury leave the state, the statute of limitations can be extended for the entire time that they’re out of state. This can be a common scenario when the at-fault party or parties have taken positions at new hospitals or clinics in other states or were simply traveling for a long period of time.
Don’t Wait to Get the Help You Need
Whether a doctor’s negligence harmed you, your baby, or both, it’s important to get an experienced Oklahoma birth injury lawyer on your side right away. The statute of limitations for injured mothers to get compensation is very short, as two years can pass in a blink when you’re dealing with injuries and complications after a birth.
And although families have seven years to file lawsuits on behalf of their children, waiting too long means going without compensation for years and risking a lawsuit where defendants are deceased or impossible to track down, evidence has disappeared, or records have been misplaced or destroyed.
We’re Ready to Get You Full Compensation for Your Birth Injury Claim
Medical malpractice claims are already very complex, and birth injury claims can be even more complicated. The statute of limitations is often confusing, especially with so many exceptions and differing timelines. At Parrish DeVaughn Injury Lawyers, our Oklahoma birth injury lawyers know the ins and outs of these types of claims, and we’ll work hard to get your family every penny you’re owed.
Don’t let a doctor’s or other healthcare provider’s negligence leave you paying out of pocket for a devastating injury to you or your child. Contact us today for a free consultation. We’ve won birth injury claims for many families in Oklahoma, and we want to help you win your claim, too.
Birth injuries can devastate families for decades. Mothers and fathers of injured children often feel immense guilt for the harm their children suffered, even if that harm was solely the fault of negligent doctors, midwives, and other healthcare professionals.
At Parrish DeVaughn Injury Lawyers, we can’t reverse, heal, or undo the damage that mothers and their children suffer because of negligent medical providers. But we can help them get the compensation they need to move forward with their lives as best they can.
Our Oklahoma medical malpractice lawyers are here to answer your questions and address your concerns if you think you have a birth injury claim. And while all claims are different concerning how much compensation victims can receive, this blog explores the types of compensation that your family may be eligible to recover.
Economic Damages Available to Birth Injury Victims
When most people think of personal injury claims and lawsuits, they think of the money that they can receive for their economic damages. These damages refer to easily calculated expenses such as:
- Medical bills—The biggest initial cost associated with a birth injury is medical costs. That’s because both the mother and child may need extensive medical treatment to survive, let alone thrive after the injury occurs. Mothers may need emergency surgery, while newborns may need prolonged care and treatment in the hospital.
- Specialist visits—Children who suffer birth injuries often develop lifelong disabilities and medical problems. That means they may need specialized care for the rest of their lives. So even after they’ve been stabilized at the hospital, they may need to continue going to expensive clinics and care facilities for years and even decades to come.
- Lost income—It seems unusual to pursue compensation for a newborn’s lost income, but many birth injuries result in permanent disabilities that can make it difficult or impossible to work. Babies affected by those types of birth injuries may never have jobs or pursue careers, resulting in a lifetime of no wages or earning ability.
- Disfigurement—Injured infants and their families can also receive economic damages for injuries that result in disfigurement. Because these types of injuries can negatively affect victims’ lives, they can and should be adequately compensated the same way that disabling injuries are.
Non-Economic Damages Available to Birth Injury Victims
Because birth injuries so often severely harm innocent babies, the emotional distress they cause can be overwhelming. That’s why many of these claims result in significant non-economic damages, which are also called “pain and suffering” in injury claims.
- Emotional distress—Both mothers who are injured in birth injuries and mothers whose children are injured often suffer severe emotional trauma. This trauma can impact them for years to come, and it can result in diagnoses such as depression, anxiety, and post-traumatic stress disorder.
- Reduced quality of life—Babies who are birth injury victims have so much taken from them, including their ability to enjoy life to the fullest as they grow up. Children who are disabled or disfigured at birth because of negligent medical providers may never have the quality of life they would have had otherwise, and that means they deserve maximum compensation.
Punitive Damages Are Sometimes Awarded for Birth Injury Claims
There’s a third type of damages that is sometimes given to victims in personal injury claims. These damages are designed to punish defendants for their reckless and negligent behavior, and they’re called punitive damages.
These damages are rare and are reserved for the most extreme cases of negligence and maliciousness. Although these damages aren’t as commonly awarded as economic and non-economic damages, they are always worth considering and pursuing, especially in cases that go to trial and that involve doctors, midwives, and other healthcare professionals acting in a manner that puts mothers and their babies at extreme risk of injuries and harm.
Our Lawyers Can Determine Exactly How Much Money Your Family Is Owed
One of the cornerstones of any successful personal injury claim is pursuing an amount of compensation that accurately reflects the economic and non-economic damages the victim suffered. And at Parrish DeVaughn, that’s exactly what we’ll do when you contact us and tell us your story. We don’t take anything for granted about your claim, and we’ll scour medical records and consult with experts to determine exactly how much money you and your child will need.
Don’t settle for anything less than what your family deserves after this devastating injury caused by people you trusted. Contact our firm today. We’ll ensure every medical bill is accounted for in your claim, and we’ll fight aggressively to get your family paid.
Contrary to popular belief, cerebral palsy isn’t a single condition or disease. According to the Mayo Clinic, it’s a “group of disorders that affect movement and muscle tone or posture.” As the name implies, it involves the brain, and typically develops due to brain damage that occurs during early development, or even during delivery.
Children affected with cerebral palsy are typically diagnosed as infants or later during their preschool years, as they will show telltale symptoms, including:
- Impaired movement
- Abnormal reflexes
- Floppiness or rigidity of limbs
- Abnormal posture
- Involuntary movements
- Unsteady walking
- A combination of these traits
Cerebral palsy is a lifelong disorder. Some children with cerebral palsy ultimately end up being able to walk, while others need assistance. Some people affected by it also may have problems swallowing and focusing their eyes. In addition, the disorder’s effect on cognition varies—some children have normal or near-normal intellect, while others may have cognitive disabilities.
Cerebral Palsy Has Many Causes
Many things can cause cerebral palsy, such as:
- Genetic factors—When genes mutate during early development, children can have a higher risk of developing cerebral palsy.
- Maternal infections—Certain types of illnesses in pregnant mothers can put their unborn children at risk of developing this disorder. These infections include:
- Cytomegalovirus
- German measles
- Herpes
- Syphilis
- Toxoplasmosis
- Zika virus
- Fetal stroke—When fetuses suffer strokes in the womb, the reduced blood supply to their brains can result in cerebral palsy.
- Infant infections—Very young children are susceptible to serious infections after birth, and when those infections reach the brain, this disease can occur. Infections that increase risk factors include:
- Bacterial meningitis
- Viral encephalitis
- Traumatic head injury—Infants are highly susceptible to traumatic brain injuries from things like car accidents and falls, as well as from birth-assisting tools during delivery such as forceps and vacuum extractors. The subsequent brain damage can cause cerebral palsy.
When Healthcare Providers Miss Warning Signs, Cerebral Palsy Can Occur
Unfortunately, some otherwise healthy infants develop cerebral palsy as a result of injuries they suffer at birth. Sometimes those injuries are unavoidable, but many are due to healthcare provider negligence, both before and during delivery.
Providers should be on the lookout for the following risk factors to reduce infant risk of developing cerebral palsy:
- Breech position—When babies are positioned feet-first in the womb, their risk of a head injury increases. Healthcare providers should be prepared to perform emergency procedures, including C-sections, for women and infants when this position is known.
- Low birth weight—Infants with low birth weights at or less than 5.5 pounds are known to have a higher risk of cerebral palsy and should be closely monitored.
- Premature birth—Babies born at less than 28 weeks gestational age are at a higher risk of developing cerebral palsy, and the risk increases with each week of greater prematurity.
- Slow heart rate—Babies’ heart rates should be closely monitored before, during, and after delivery. Some birth complications can cause their heart rates to drop to dangerously low levels, which can necessitate emergency C-sections to prevent further harm.
When healthcare providers fail to act or fail to act in time to prevent or mitigate an injury during or shortly after delivery, they can be held responsible for that injury.
Forceful Deliveries Can Increase the Risk of Cerebral Palsy
In addition to detecting and monitoring potential risk factors, healthcare providers should also exercise great caution when assisting with delivery. Sometimes women are unable to deliver babies on their own without medical intervention, but the improper usage of both forceps and vacuum extractors can put babies at risk of head and brain injuries that may cause cerebral palsy.
Another condition similar to cerebral palsy called Erb’s palsy can also occur due to a birth injury. This condition involves paralysis of the upper arm, and it often manifests after difficult births where babies suffer shoulder dystocia, a scenario where a baby’s shoulder gets stuck above the mother’s pubic bone during delivery.
We Help Injured Infants and Their Mothers Get Compensation
Cerebral palsy is a devastating diagnosis for parents of young children. It can be even more difficult when they know their children’s injuries were caused by negligent healthcare providers. It’s up to doctors, nurses, and midwives to do everything in their power to keep infants healthy before, during, and after delivery, and when they fail to do so, they should be held accountable.
At Parrish DeVaughn, our Oklahoma birth injury lawyers work hard to help families affected by cerebral palsy and other birth injuries get maximum compensation. Contact us today for a free consultation. It’s our goal to get you the money you’re owed.
Birth injuries are any injury that occurs in the period shortly before, during, or after birth. They can range from mostly harmless injuries that heal on their own to severe and disabling conditions. In extreme cases, they may even result in infant death. That’s why it is important to understand how birth injuries occur and how to recognize the symptoms of birth injuries in your child.
Download our free guide to the most common forms of birth injuries by clicking the image below.
Let Us Help You Get the Compensation Your Child Needs
In Oklahoma, the statute of limitations on birth injury cases is seven years, while infant wrongful death claims must be filed within two years. Since months or even years could pass before symptoms of birth injuries begin to show, it is important to see a medical provider for a diagnosis and speak to a lawyer as soon as you suspect your child may be suffering from a birth injury.
Birth injuries that result in permanent, potentially disabling conditions such as cerebral palsy and Erb’s palsy may require lifelong medical treatment or live-in care. Many families can’t afford that, especially if they are living on reduced income while one parent stays home to care for the child.
We know how stressful it can be to worry about how you’ll provide for your child, especially when they are living with a condition that makes life harder for them than it is for other children. We don’t think you should have to live that way, especially when your child’s condition is the fault of a healthcare provider’s negligence.
Our birth injury lawyers are experienced with this type of case, and we know how to calculate what you may be owed for the pain you’ve suffered, your medical bills relating to your child’s birth injury, and any future expenses they will have related to their disability. We will fight the insurance company on your behalf to get you everything you are owed, and we’re willing to take the matter to court if necessary. Talk to our team today for a free consultation of your case.
