Birth Injury Attorneys

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Tulsa Birth Injury Attorneys

Bringing a new life into the world marks a moment of profound hope and anticipation for parents. However, medical negligence during labor or delivery turns this joy into confusion and fear.

Tulsa Birth Injury Attorneys at Graves McLain Injury Lawyers stand ready to support families facing these unexpected challenges. Our team recognizes the emotional toll a birth injury takes on parents and the entire family unit. You simply wanted a safe delivery for your child.

Instead, you now face medical appointments, specialized therapies, and an uncertain future. We approach every case with the compassion and dedication your family needs during this time.

Graves McLain Injury Lawyers fights for accountability when medical standards fall short. Insurance companies and hospital systems often have powerful legal teams protecting their interests. You need a dedicated advocate who prioritizes your child’s well-being above corporate profits.

We investigate the circumstances surrounding your child’s injury with precision and care. Our attorneys work with medical experts to determine precisely what happened in the delivery room. We strive to uncover the truth.

Families in Tulsa and surrounding Oklahoma communities trust us to handle these sensitive matters. We manage the legal complexities so you may focus on caring for your infant. Your child’s future matters deeply to us.

Guide for Birth Injuries in Oklahoma

Birth Injuries in Oklahoma

Navigating the medical and legal definitions of a birth injury requires specific knowledge. We help parents understand how these injuries occur and who bears responsibility.

Birth injury vs. birth defect

A birth injury differs significantly from a birth defect. Birth defects usually occur due to genetic factors developing before birth. A birth injury often results from physical pressure or medical errors during the delivery process itself. Distinguishing between these two concepts remains vital for a legal claim.

The standard of care

Medical professionals must adhere to a specific standard of care. When they deviate from this standard, preventable injuries occur. These actions may constitute medical negligence under Oklahoma law. We review the actions taken by the medical team to see if they match accepted medical practices.

Removing parental guilt

Parents often feel guilt or wonder if they did something wrong. You must understand that medical negligence lies with the provider, not the parent. Our team helps clarify these distinctions for you. We look for evidence of improper tool usage or delayed decision-making to build your claim.

Why Choose Graves McLain Injury Lawyers for Tulsa Birth Injury Attorneys

Selecting the right legal representation impacts your ability to secure necessary resources for your child. Graves McLain Injury Lawyers brings a history of advocacy and a deep commitment to the Tulsa community.

We offer distinct advantages to families seeking justice for birth injuries:

  • Proven case results: Our firm has secured millions in settlements and verdicts for clients across Oklahoma, demonstrating our capacity to handle complex litigation against large insurance providers.
  • No financial risk: We operate on a contingency fee basis, meaning you pay no attorney fees unless we successfully resolve your case.
  • Local legal authority: Our attorneys possess specific knowledge of Oklahoma’s civil procedure laws and understand how local courts in Tulsa operate.
  • Direct communication: You receive direct updates from our team throughout the process, ensuring you never have to wonder where your case stands.
  • Access to medical experts: We collaborate with independent medical specialists who provide objective opinions to strengthen your claim against the hospital.

We treat every client like a neighbor, not a case file. Our goal involves managing the legal burden so you may focus entirely on your child’s recovery and care.

Identifying Preventable Medical Errors

Medical errors during childbirth happen more frequently than many hospitals admit. Identifying these errors requires a trained eye and thorough investigation. Often, a combination of actions leads to a traumatic outcome.

Doctors and nurses must monitor both the mother and the baby efficiently. Failure to recognize distress signals may lead to catastrophic results. We examine the timeline of events to pinpoint where things went wrong.

  • Failure to order c-section: A delayed Cesarean section when the baby shows signs of distress may result in oxygen deprivation.
  • Improper use of tools: Forceps or vacuum extractors may cause physical trauma to the infant’s head or nerves if used incorrectly.
  • Medication errors: administering incorrect dosages of labor-inducing drugs like Pitocin may cause excessively strong contractions.
  • Failure to monitor vitals: Ignoring the fetal heart rate monitor prevents staff from noticing oxygen loss in time to intervene.
  • Poor communication: A lack of clear communication between doctors and nurses may lead to critical delays in emergency care.

These errors often leave lasting impacts on a child’s physical and cognitive development. Understanding these causes enables our team to directly connect the injury to the medical provider’s actions.

Oklahoma Law and Establishing Negligence

Proving a birth injury claim in Oklahoma requires meeting a specific legal standard. We must show that the medical provider acted differently than a competent professional would have under similar circumstances. Success depends on a clear understanding of state statutes and legal definitions.

Defining the standard of care

This concept is known as the “standard of care.” A deviation from this standard serves as the core of a medical negligence claim. Our team analyzes the actions taken by the delivery team to identify these specific failures. We aim to prove the injury resulted directly from these errors.

Gathering admissible evidence

Evidence drives these cases. We gather hospital protocols, witness statements, and electronic medical data. Oklahoma statutes govern how we present this evidence in court. For example, Title 12 of the Oklahoma Statutes outlines specific rules for civil procedure. Adhering to these procedural rules is essential for a valid claim.

Utilizing medical experts

We also consult with independent medical experts. These experts review the files and provide an objective opinion on the negligence. Their testimony often plays a central role in negotiations or trials. The burden of proof rests on the plaintiff, so we construct a timeline that leaves little room for doubt.

Calculating Damages for Your Child’s Future

The costs associated with a birth injury accumulate quickly. Parents often feel overwhelmed by the influx of medical bills while worrying about future expenses. A successful legal claim seeks to alleviate this financial burden.

Oklahoma law allows families to seek compensation for both economic and non-economic losses. Economic damages cover tangible costs like hospital bills. Non-economic damages address intangible losses like pain and suffering.

  • Past and future medical bills: This includes the initial hospital stay, surgeries, and ongoing specialist appointments.
  • Rehabilitation costs: Long-term physical, occupational, and speech therapy often assist children with developmental delays.
  • Assistive devices: Wheelchairs, braces, communication aids, and home modifications fall under this category.
  • Loss of earning capacity: If the injury prevents the child from working as an adult, families may seek compensation for lost potential income.
  • Pain and suffering: This accounts for the physical pain and emotional distress the child and family endure.

Securing these funds helps ensure your child receives consistent, high-quality care. Our goal involves protecting your family’s financial stability while you focus on your child’s well-being.

Navigating Insurance Company Tactics

Hospitals and medical professionals carry malpractice insurance to protect their assets. These insurance companies aim to minimize payouts whenever possible. They often employ adjusters and attorneys skilled in defending against negligence claims, which is why working with an experienced medical malpractice lawyer can be critical when pursuing accountability.

Recognizing lowball settlement offers

Insurers may attempt to offer a quick settlement soon after the incident. These initial offers rarely cover the lifetime costs of a birth injury. Accepting such an offer may prevent you from seeking further compensation later. We help you evaluate the true value of your claim before you sign anything.

Defending against blame-shifting

Insurance adjusters might also try to shift blame away from their policyholder. They may suggest the injury resulted from genetic factors or maternal health issues rather than medical error. We counter these tactics with solid medical evidence that keeps the focus on the provider’s actions.

Managing communication and strategy

We handle all communication with the insurance carriers. You do not have to speak to them directly. This prevents them from twisting your words. Our team prepares every case as if it goes to trial, signaling to the insurance company that we are serious about securing justice.

Don’t Rely on AI Chat Tools for Legal Advice

Many people turn to online tools for quick answers. While convenient, Artificial Intelligence (AI) tools lack the ability to analyze your specific situation. They generate text based on patterns, not legal knowledge.

AI tools often provide generic information that does not reflect current Oklahoma statutes. They do not understand the local court procedures in Tulsa. Relying on them for legal advice may lead to costly errors or missed deadlines.

These programs lack empathy and accountability. They cannot advocate for your child or negotiate with insurance adjusters. Always consult a qualified attorney, like the ones from Graves McLain Injury Lawyers, for guidance specific to your case.

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How We Support You Through the Legal Process

The legal system often appears intimidating to families already dealing with trauma. We make the process as transparent and stress-free as possible. You remain the decision-maker; we provide the legal roadmap.

Our process begins with a free consultation. We listen to your story and answer your initial questions. We then conduct a preliminary investigation to determine the viability of your claim.

We handle the paperwork, filings, and scheduling. You avoid the administrative burden of litigation. Our team keeps you updated at every major milestone.
We also assist with immediate concerns, such as dealing with medical bill collectors while the case is pending.

We aim to provide holistic support for your family. You may wonder what the specific steps of a lawsuit entail.

  • Initial investigation: We gather medical records and consult with experts to confirm negligence occurred.
  • Filing the complaint: We officially file the lawsuit in the appropriate Oklahoma court, outlining the allegations against the provider.
  • Discovery phase: Both sides exchange information, take depositions, and review evidence to build their arguments.
  • Mediation and negotiation: We attempt to reach a fair settlement with the defense to resolve the case without a trial.
  • Trial: If we cannot reach a fair agreement, we present your case before a judge and jury to seek a verdict.

Understanding these steps helps reduce anxiety about the unknown. We walk beside you through each phase, fighting for the best possible outcome for your child.

Frequently Asked Questions for Tulsa Birth Injury Attorneys

How do I know if my child’s injury resulted from negligence?

You may notice unexpected complications or a lack of explanation from the medical staff. If your child requires unplanned admission to the NICU or suffers seizures, negligence might be a factor. Our attorneys review the medical records with experts to identify deviations from the standard of care.

What does it cost to hire a birth injury lawyer?

We operate on a contingency fee basis. You pay no upfront legal fees or retainers. We only receive payment if we successfully recover compensation for your family.

Can I sue a hospital for a birth injury in Oklahoma?

You may file a claim against a hospital if their employees acted negligently. This includes nurses, technicians, and resident doctors employed by the facility. Independent contractors, such as some private attending physicians, may require separate claims.

How long does a birth injury lawsuit take?

The timeline varies significantly depending on the complexity of the case. Some cases settle in a few months, while others take years to reach a resolution. We strive to resolve cases efficiently while ensuring we do not rush and compromise the value of the claim.

Does Oklahoma cap damages in birth injury cases?

Oklahoma’s laws regarding damage caps have changed over time. Currently, limitations on non-economic damages may not apply in the same way they once did due to court rulings. We analyze the current statutes to maximize the potential recovery for your specific case.

Next Steps for Your Family

Your child’s well-being remains your top priority. Securing the necessary financial resources helps provide the future they seek. You do not have to face the medical system or insurance companies alone.

Graves McLain Injury Lawyers brings the experience and compassion your family needs. We investigate thoroughly, negotiate aggressively, and advocate tirelessly. Let us handle the legal burden while you focus on your child.

Contact Graves McLain Injury Lawyers today at (918) 359-6600 for a free, confidential consultation regarding your birth injury claim.

  • Treat you like family

    I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mcclain I brag on them to everyone

    Margie C
    OklahomaSubmitted April 5th, 2023
  • Excellent law firm!

    The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H
    OklahomaSubmitted April 5th, 2023
  • They were always willing to respond and were very positive

    My orthopedic doctor recommended Graves McLain Injury Lawyers, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system.
    The doctor took care of the hip, and Graves McLain Injury Lawyers, took care of the legal case.
    They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic.
    I’m sure they were tired of my inquiries on the case’s progress, but they did not show it.
    They were always willing to respond and were very positive.
    If I ever have a claim in the future, they will be the first group to whom I reach out.
     

    Robert S.
    Submitted April 1st, 2022
  • Professional, compassionate, and very smooth way

    I have been working with chad McLain for two years.
    He has helped me get my case resolved in a professional, compassionate, and very smooth way.
    I wasn’t just a number in this lawsuit which included many others. This firm has made me feel like I was the only one.
    Amy Cox has also been amazing. She was always so very kind each time I contacted her with questions.
    Her character shines through, and I’m so thankful she was there for me.
    I would definitely suggest that anyone who might need a lawyer for a medical lawsuit to choose Graves McLain Injury Lawyers law firm.
     

    Kim C.
    Submitted March 31st, 2022
  • I will recommend them to others

    I was referred to Graves McLain Injury Lawyers through an Uber passenger. I reached out and was connected with Miss Angela, who made me feel so comfortable. She was very upfront with everything and kept a very open line of communication. I got to work with Amy W. & Amy M., who were two fabulous ladies who helped wrap up my case. When I thought I would be screwed with trying to get somewhere with the insurance company, these ladies came to the rescue. Without a doubt, I would contact them again, and I will recommend them to others. Thanks again!

    Alyssia H.
    Submitted March 7th, 2022
  • They worked very hard for us and kept us informed

    Graves McLain Injury Lawyers was there for us when we didn’t really know how to move forward with our Round Up claim.
    They worked very hard for us and kept us informed. Couldn’t of done this without them.
    Thank you Graves McLain Injury Lawyers

    Marla H.
    Submitted March 1st, 2022
  • Handled everything PERFECTLY!

    I had 10/10 experience with Rachel and the team from Grave’s McLain.
     
    I had been feeling overwhelmed with medical bills from a car accident that wasn’t my fault, and the long list of things that had to be done that I had to figure out how to do myself.
    They put my mind at ease and handled everything perfectly.
    I’ll definitely use them again if the time comes!
     

    Graci W.
    Submitted January 10th, 2022
  • Top-knotch in the realm of customer care

    Graves McLain Injury Lawyers Law Firm recently handled a difficult legal situation for our family.
    From the beginning, we were treated with respect and concern.
    The entire staff is top-knotch in the realm of customer care.
    Mr. McLain’s knowledge, experience, and counselling was reassuring as our case progressed to the best conclusion achievable.
     
    Anyone needing assistance with serious issue should contact Graves McLain Injury Lawyers….
    “Serious DOES matter to them!”

    Larry N.
    Submitted January 4th, 2022
  • Very responsive and kind

    I am extremely pleased with how my case was handled at Graves McLain Injury Lawyers.
     
    I hired Chad after fighting with the insurance company for over a year. Feeling defeated and overwhelmed with medical bills, once my case was handled by my attorney, I felt at ease.
    Chad and his team were very responsive and kind.
    They answered all my questions and even helped me figure out lost wages based on a commission rate of pay.
    He was able to get maximum compensation and now I can get back to my life!
    I would 100% recommend Graves McLain Injury Lawyers time and time again.

    Aubrey P.
    Submitted January 3rd, 2022
  • Highly Recommend

    My case just settled and I want to thank Rachel Gussman, Janet, Sonia, Emily, Amy, and Margo.
     
    This process was definitely a team effort.
    When I was involved in a car accident last year, I turned to my friend Rachel for guidance.
    I was thoroughly impressed with their skills, office staff professionalism and friendliness, communication, and of course, the end results.
    I highly recommend Graves McLain Injury Lawyers
    .
     

    Kimberly M.
    OKSubmitted December 22nd, 2021

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