The post Understanding Medical Malpractice Claims Based on Laboratory Errors appeared first on Davis & Davis.
]]>In these moments, aligning with a seasoned and empathetic medical malpractice attorney becomes crucial. They ensure your rights are vigorously defended and that you receive the rightful compensation for the unnecessary suffering you’ve endured. Davis & Davis, with its strong foundation in Houston and nearly 70 years of collective experience in medical malpractice law, stands ready to provide the knowledge and support needed to navigate the intricate terrain of medical malpractice claims arising from laboratory errors.
Laboratory errors, while not always apparent, can have significant implications in medical diagnosis and treatment, potentially leading to medical malpractice claims. These errors can occur for many reasons, such as the mislabeling of specimens, incorrect test results, or failure to communicate results properly. When these mistakes lead to incorrect diagnosis, delayed treatment, or inappropriate medical intervention, it raises the question of medical negligence.
Determining liability in these cases often hinges on whether the error could have been prevented and if the standard of care was breached. For instance, if a lab technician misreads a test result or a doctor fails to act on critical lab findings, this could constitute a breach of the standard of care expected in the medical profession.
The complexity of medical malpractice cases involving laboratory errors also lies in the multifaceted nature of healthcare delivery. It’s not just about the act of misdiagnosis or a testing error; it’s about understanding the chain of custody for lab samples, the protocols followed in testing procedures, and the communication channels used to convey results to physicians. Essentially, proving malpractice in the context of laboratory errors necessitates a thorough understanding of both medical procedures and legal standards.
A medical malpractice attorney plays a pivotal role in navigating the complex and often daunting process of a medical malpractice claim. One of the primary ways they assist is by bringing a deep understanding of both medical and legal intricacies to your case. This knowledge is crucial for effectively demonstrating that a healthcare provider’s negligence directly led to your harm.
An experienced attorney from Davis & Davis will meticulously review medical records and gather comprehensive evidence to build a compelling case. Our team is adept at deciphering complex medical terminology and procedures, ensuring that the subtleties of your medical treatment and the resulting harm are accurately represented and understood in legal terms.
An attorney is invaluable in navigating the legal system and advocating for your rights. With years of experience, we directly understand the procedural nuances and requirements specific to medical malpractice claims. This includes adhering to strict filing deadlines, meeting specific notice requirements, and presenting your case in a way that aligns with legal standards. Our support not only enhances the chances of a successful outcome but also provides peace of mind during what can be a stressful time.
Take the first step towards resolving the challenges posed by a lab error-related medical malpractice incident with Davis & Davis. We recognize the profound impact such errors can have on your life and health, and are dedicated to advocating for your rights with relentless commitment. Our team is here to navigate the legal intricacies of medical malpractice cases stemming from laboratory errors, allowing you to focus on your recovery and well-being.
Act now to secure the justice and compensation you rightfully deserve in the face of medical errors. Reach out to Davis & Davis for a free case evaluation. You can contact us at (888) 522-9444 or fill out our contact form. Don’t let the complexities of medical malpractice overwhelm you; let our knowledge guide you through this challenging time.
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]]>The post 3 Types of Birth Injuries That Can Cause Cerebral Palsy appeared first on Davis & Davis.
]]>We understand the significant challenges cerebral palsy presents for the child and their family. With a wealth of experience in handling cerebral palsy cases in Houston, our lawyers are equipped with the knowledge and resources to confront those responsible for the injuries leading to cerebral palsy. We approach each case with deep empathy and commitment, ensuring that our clients receive the comprehensive support and representation they need during this challenging time.
There are many missteps your trusted doctor or other healthcare professionals can take that may result in a cerebral palsy diagnosis, including the following:
Misreading ultrasounds during pregnancy can have severe repercussions, potentially leading to cerebral palsy. Ultrasounds are a crucial diagnostic tool, providing vital information about the fetus’s health, development, and the pregnancy’s progression. However, when misinterpreted, significant abnormalities or risk factors may go unnoticed, leaving potential issues unaddressed.
For instance, a misread ultrasound can fail to detect conditions like restricted fetal growth or abnormal positioning, both of which can contribute to complications during delivery. These complications can include oxygen deprivation or physical trauma to the infant, increasing the risk of cerebral palsy.
Mismanagement of labor is a critical concern in obstetric care, directly impacting the health and safety of both the mother and child. Inadequate management of labor can lead to a range of complications, including the increased risk of cerebral palsy. This can occur when medical professionals fail to recognize and respond appropriately to signs of fetal distress or prolonged labor. For instance, not taking timely action in cases of difficult labor or improper use of delivery tools can lead to oxygen deprivation or physical trauma for the baby, conditions that are strongly linked to the development of cerebral palsy.
The failure to perform a timely delivery in obstetric care can lead to significant complications, including the heightened risk of cerebral palsy in newborns. This failure often stems from a delay in deciding to proceed with a cesarean section or other interventions when labor is not progressing normally, or when there are clear signs of fetal distress. Delayed delivery can result in prolonged periods of oxygen deprivation for the baby, which is a known cause of brain damage leading to cerebral palsy.
Such a delay can be the result of misjudging the severity of the situation, failing to monitor the baby’s condition effectively, or not adhering to standard medical protocols during labor. In cases where this delay constitutes a breach of the standard of care expected of medical professionals, it may be grounds for a medical malpractice claim.
If your child has been diagnosed with cerebral palsy due to birth injuries, you’re likely facing a future filled with medical treatments and necessary accommodations. While we can’t undo the harm caused, at Davis & Davis, we are committed to helping ease your financial burdens. Our focus is on securing the compensation you need to provide the best care for your child.
You’re not alone in this challenging time. Davis & Davis is here to guide you through every step, ensuring you have the support and knowledge needed to navigate this difficult journey. We welcome referrals from attorneys across Texas and law firms nationwide. Reach out to us at (888) 522-9444 or fill out our contact form for a consultation. Our aim is to bring you peace of mind, knowing your case is in the hands of a dedicated and compassionate team. Let us join you in the fight for justice and a better future for your family.
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]]>The post 8 Types of Medical Bias That Can Result in Medical Malpractice appeared first on Davis & Davis.
]]>Nobody deserves to fall victim or pay the financial, emotional, or physical price of a trusted doctor’s failure to provide their expected duty of care. If you believe your medical malpractice case is the direct result of your medical professional’s medical bias, you are entitled to speak with a knowledgeable attorney today at Davis & Davis. We are happy to provide you with a free case evaluation to determine how best to begin building a strong case.
There are many different kinds of medical bias that can occur at any moment for a variety of reasons. Eight examples of the most common kinds of medical biases include, but are not limited to, the following:
A variety of factors can result in medical bias, including the patient’s gender, weight, sexual orientation, education, familial background, and more. As a medical professional, it is their duty to provide unbiased care to all of their patients and work to the best of their ability. This means actively listening to patients’ concerns and using their expertise and training to treat patient problems accordingly.
The team at Davis & Davis has proudly served our local community and patients nationwide for a combined total of nearly seven decades, and we are here to alleviate some of the stress associated with your case. While you focus on healing and recovering from the damage caused by your medical professional’s biases, we will get to work on the following pivotal aspects of your case:
Don’t try to navigate the aftermath of your medical malpractice claim alone. When you partner with an attorney, you are only increasing your chances of success in getting a settlement offer worthy of your experience and your losses.
Confront the injustice of medical bias and its consequences with the dedicated support of Davis & Davis. Recognizing the critical nature of these situations, our team is committed to vigorously defending your rights. We take on the complex and often tricky legal challenges associated with the process, providing you the space to focus on your health and recovery. With years of experience and documented successes, we are ready to guide you through the entire process, from the initial consultation to the final settlement offer.
Don’t hesitate to pursue the financial justice and compensation you deserve. To begin the process today, please feel free to contact the team at Davis & Davis for a free case assessment by calling our office at (888) 522-9444 or by filling out our online contact form.
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]]>The post How a Medical Professional’s Cell Phone Usage Can Result in Medical Malpractice appeared first on Davis & Davis.
]]>If you have fallen victim to the blatant recklessness of your medical professional due to cell phone usage and have suffered a misdiagnosis or other medical malpractice occurrence as a result, partner with Davis & Davis today. Our team has the resources, experience, and compassion necessary to bring your case to justice and fight for the compensation you deserve.
When you set an appointment with your doctor, there is a certain standard of care expected. When this care is breached by acting recklessly, it puts you at risk of an injury. Depending on the doctor or the nature of the visit, this can include a misdiagnosis, an incorrect chart reading, a prescription medication error, and more. The negligence due to inappropriate cell phone usage can be used in your claim when establishing fault. By failing to adhere to their duty of care as a doctor, nurse, or other healthcare professional and directly causing your injuries by being on their phone, they can be held liable for your damages.
With that being said, however, all cell phone usage is not illegal and not necessarily grounds for a medical malpractice claim. The usage must be able to be directly linked back to your occurrence and injury. While not advisable, a healthcare professional using their cell phone is not illegal in the state of Texas.
While you focus on your recovery, the team at Davis & Davis is here to act as a guide through the often overwhelming process of filing a medical malpractice claim. We will begin your case by immediately conducting an investigation into the circumstances surrounding your medical malpractice occurrence. This primarily includes the collection and assessment of any relevant information to later be used as evidence of negligence.
We will also file your claim within Texas’s two-year statute of limitations deadline. This is either two years from the date of the occurrence or from the date of reasonable discovery, as medical malpractice occurrences can sometimes take weeks, months, or even longer to diagnose.
Davis & Davis will ensure your losses are fully documented, including any future expenses as well. All communications and correspondence with the insurance company will be overseen by us, including the negotiation period. We understand the difference worthy compensation can make, so if an appropriate settlement offer cannot be agreed upon, we are trial tested and prepared to take your case to court to defend your future in front of a judge.
Nobody deserves to pay the physical or financial toll of a trusted professional’s inability to provide their expected duty of care. Navigate the challenging aftermath of your unique case today by partnering with the experienced team at Davis & Davis. We recognize the severity of such incidents and are dedicated to relentlessly championing your rights. Our people-first approach to the world of medical malpractice is here to alleviate your burden by adeptly managing the legal intricacies, allowing you to concentrate on your recovery and well-being.
Act promptly to secure the justice and compensation you are entitled to. Reach out to Davis & Davis for a no-cost case evaluation by calling (888) 522-9444 or completing our online contact form today.
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]]>The post Settling vs. Going to Trial: What to Consider in Medical Malpractice Cases appeared first on Davis & Davis.
]]>In some instances, going to trial can actually be a better option for your specific case, though it depends. The best possible route of action to take after your accident is to partner with a dedicated attorney from Davis & Davis. With decades of experience and knowledge to offer, our team is prepared to do whatever is best for you and your future, whether that means settling or taking your case to court.
In most cases, settling is the better option, though this ultimately depends on the amount of money the at-fault party is willing to offer up. Three benefits of settling as opposed to going to trial include the following:
As soon as it is evident that your injury is the direct result of a medical professional’s negligence, their insurance will try to offer you some form of settlement. When this happens immediately after your injury, it is recommended you do not accept the offer. Though tempting, this offer will not generally include future expenses or adequately cover the full extent of your losses. Remember, the insurance company is not looking out for your best interests. Their objective is to come to a settlement for the minimum amount that you will accept.
When facing a medical malpractice injury, it is best practice to partner with an attorney to help you file your claim and use their professional resources to collect pertinent information as evidence of negligence. When you decide to go to trial, you are potentially looking at a higher settlement award, but you are also losing the guarantee of compensation.
Most hospitals and other healthcare professionals prefer to settle outside of court. This process is generally quicker, which is also preferred for most victims, as it allows them to begin paying off their medical bills while getting the assistance they need to recover. Trials can take months or even years to get started, which can be hard to navigate while actively dealing with an injury.
One of the benefits of settling a claim is the ability to negotiate. When you partner with an attorney from Davis & Davis, you are giving yourself access to an established attorney who knows how the insurance companies think and what their usual tactics are. We have many years of experience when it comes to demonstrating our clients’ total losses and fighting for a settlement offer that is worthy of their experience.
If a worthy settlement offer cannot be reached through negotiation, we are always prepared to take your case to trial.
In the wake of a medical malpractice incident, you deserve justice and compensation for the harm you’ve endured. At Davis & Davis, our seasoned attorneys specialize in navigating the complex landscape of medical malpractice claims, no matter if it’s through a regular settlement or through trial. Our extensive experience, evidenced by over 300 jury trials, equips us to tackle even the most challenging cases with confidence and expertise.
We stand by our promise: you won’t pay us unless we win your case. This commitment underscores our dedication to your cause, allowing you to focus on healing while we handle the legal complexities. Trust in our proven track record and let us champion your rights. For a free consultation and to start the journey towards the compensation you deserve, contact us today. Complete our online contact form or call Davis & Davis at (888) 522-9444.
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]]>The post How to Choose the Right Medical Malpractice Attorney appeared first on Davis & Davis.
]]>In order to ease some of the associated stress, the best course of action after your injury is to partner with a compassionate and knowledgeable attorney. When you choose the right medical malpractice attorney, you are ensuring your rights are protected and that you receive the compensation you deserve. Davis & Davis, a Houston-based law firm, brings nearly 70 years of combined experience in medical malpractice law.
When seeking a medical malpractice attorney, the first attribute to consider is their level of experience and knowledge of medical malpractice law. This area of personal injury law is highly intricate, often involving complex medical terms and procedures. Your attorney also has the unique task of proving that your healthcare provider’s mistake was preventable and a direct result of recklessness. With this in mind, an attorney with an extensive background in handling medical malpractice cases similar to your unique case is essential.
Something else to consider and even bring up during your initial case evaluation is the attorney’s approach to client communication and their resources. A good medical malpractice lawyer should be accessible and willing to explain the legal process in understandable terms, keeping you informed every step of the way. Assess their willingness to answer questions and how effectively they communicate complex legal information. Additionally, consider the resources the law firm has at its disposal, such as access to medical experts, researchers, and support staff. A well-resourced firm can build a stronger case by thoroughly investigating medical records, consulting with medical experts, and preparing for trial, if necessary.
While you concentrate on healing with your family and friends, you can rely on the team at Davis & Davis to get to work immediately on your case. This involves the collection of any time-sensitive information to be used as evidence of negligence. For example, we will help interview any eyewitnesses and reach out to trusted expert connections for professional opinions.
From here, we can help file your medical malpractice claim for you within Texas’s statute of limitations deadline. This is two years from the date of the incident or from the date of reasonable discovery. Some medical malpractice accidents may take weeks or even months to reveal themselves.
We will handle all other aspects of the claim process as well, ensuring that your rights are protected and you feel supported every step of the way. If an agreement cannot be reached in regard to your damages, we are trial tested and proven to take your case to court and fight to protect your future in front of a judge.
End your struggle with the consequences of a medical malpractice incident by entrusting your case to the expert hands at Davis & Davis. We understand the weight of what you’re going through, and we’re committed to tirelessly advocating for your rights. Let us handle the legal complexities while you prioritize your health and well-being.
Don’t delay in seeking the justice and compensation you deserve. Contact us for a complimentary case evaluation at (888) 522-9444 or through our online contact form today.
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]]>The post 3 Signs of Medical Malpractice and Abuse in a Nursing Home appeared first on Davis & Davis.
]]>Nursing home abuse is considered medical malpractice and leaves the victims and their caretakers entitled to a claim for justice and financial compensation. The team of attorneys at Davis & Davis has many years of experience and documented successes when it comes to recovering damages for our medical malpractice clients. We would love to help you and your family’s unique case today.
When a family member is staying at a nursing home, there are many warning signs you can keep an eye out for that may point to medical malpractice. These include, but are not limited to, the following:
People can easily bruise or scrape themselves, especially as they get older and the skin gets thinner. However, when your family member has a number of unexplained injuries, fractures, bed sores, or cuts, it is unfortunately most likely a sign of something bigger at play. If your family member is unable to verbalize or remember how the injuries occurred, you may want to speak with an attorney.
Our team is ready to help investigate your case, which includes the gathering and assessing of any relevant evidence. We will look for signs of reckless or negligent behavior and help identify a liable party.
It’s not uncommon for people to respond in an emotional way to their new living situation in a nursing home. Getting used to your new surroundings can be confusing and overwhelming, so if your family member seems to be a little upset, this may be normal and go away as they adjust to their new environment. However, if you notice they have had a sudden or drastic change in behavior, this may be an early warning sign of abuse or neglect on behalf of the home or staff.
Being noticeably upset or agitated, being withdrawn, and not wanting to leave their room or talk with anyone may warrant the advice of a knowledgeable and compassionate attorney.
Rapid weight loss or even rapid weight gain can be signs of malnutrition. Failure to provide healthy, balanced meals and nutrients would be considered a direct breach of care on behalf of the nursing home and leaves them liable for your family member’s injuries. With the help of Davis & Davis, we can file your family member’s personal injury claim within the statute of limitations and negotiate a worthy settlement offer with the insurance company.
Don’t try to face your medical malpractice claim alone. Our compassionate team of nursing home abuse lawyers at Davis & Davis is dedicated to addressing every aspect of your claim, allowing you to focus on your family member’s well-being while we fight to protect their rights.
With decades of experience representing victims of nursing home abuse in Houston, we have successfully handled over 300 cases and have the expertise and knowledge needed to champion your cause, regardless of its complexity. We fearlessly take on nursing home abuse claims and leverage our unmatched legal services to secure the justice and compensation your loved ones deserve. To start the process today, schedule your free consultation by filling out our contact form or by calling (888) 522-9444 today.
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]]>The post How to Support a Child With a Brain Injury appeared first on Davis & Davis.
]]>When your child’s brain injury is the direct result of a doctor or other healthcare professional’s negligence, you are entitled to file a medical malpractice claim for damages. Nobody deserves to pay the financial or emotional price of a trusted professional’s recklessness. The team of knowledgeable and compassionate medical malpractice attorneys at Davis & Davis are here to help by providing our years of experience to help you recover the compensation you deserve.
When it comes to supporting a child with a brain injury, there are many ways in which you can ensure they are in good emotional and physical condition. Depending on the severity of the injury, the child may have to spend some extra time in the hospital to receive treatments, so ensuring they are always surrounded by family members or friends during this time is pivotal. While at home, you can help by:
Sometimes, a brain injury can lead to permanent motor and learning disabilities. In cases like this, there are many resources available to help understand how you can best cater to your child’s specific needs.
Many of the resources and tools necessary for your child’s future can be quite costly to obtain. When your child’s injury is the direct result of negligence, you can recover financial compensation to help with these losses and any potential costs as well. Our team is here to help you establish that negligence has occurred and that it directly affected your child and their brain injury.
Once a liable party has been found, we will file a claim with their insurance company for both economic and non-economic damages. While raising a child with a brain injury, it can be easy to lose track of time, so we will also ensure everything is filed within the statute of limitations deadline.
While you focus on your child, we will handle all of the important paperwork and negotiations, ensuring you get the results you need. If a worthy offer cannot be reached, we are even prepared to take your case to court. We understand how important compensation can be after a medical malpractice accident, which is why we utilize every tool and resource we have under our belt.
Don’t try to face the insurance company alone. With years of experience in advocating for families dealing with pediatric brain injuries, Davis & Davis has successfully represented numerous cases. Our expertise, coupled with a deep understanding of the challenges you may be facing, allows us to navigate the legal complexities and secure the support and compensation your child deserves.
Our unwavering commitment and personalized approach mean you can focus on your child’s recovery and future, knowing we’re dedicated to protecting their rights. To schedule a free consultation and get the process started today please reach out to us by filling out our online contact form or calling (888) 522-9444.
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]]>The post What Is the Discovery Rule and How Can It Affect Your Texas Medical Malpractice Claim? appeared first on Davis & Davis.
]]>This can put victims of reckless healthcare professionals in a tricky situation, as Texas currently has a two-year statute of limitations for filing a claim. When you have missed the deadline due to delayed discovery, it is vital you reach out to a dedicated attorney as soon as possible. The discovery rule is a legal principle that says the statute of limitations does not start until it is reasonable that you have knowledge of your injury. With the help of a knowledgeable attorney from Davis & Davis, you may be able to ensure a successful outcome.
The discovery rule identifies the process of the clock starting on the statute of limitations when it is reasonably expected the plaintiff knows they have been injured. This is helpful for victims who do not know they have been injured or whose injury is latent, meaning it takes time for the symptoms and side effects to reveal themselves. For prescription errors, misdiagnosis, and even wrong-site surgical errors, the victim can go potentially unaware of their sustained medical malpractice for extended periods of time.
The tricky part is demonstrating that the plaintiff did not know of their injuries and therefore should be eligible for a modified statute of limitations. Your attorney can help you gather and analyze any potentially relevant evidence, including detailed medical records and expert testimony to help verify your claims.
If you are successful in invoking the discovery rule, you are giving yourself the opportunity to still file a lawsuit for damages. With a knowledgeable attorney on your side, you can demonstrate that you were not aware of your injuries and that you are legally entitled to an extended period for filing your claim. The defendant will likely argue you should have reasonably known about your injury before you did, so it is important you back yourself up with an attorney who is able to conduct a thorough investigation and collect relevant evidence.
Once the court has approved your extended statute of limitations deadline, the claim process will look the same as other medical malpractice cases. Your attorney will file a claim with the at-fault party’s insurance and negotiate for a settlement worthy of your losses. Medical malpractice claims in Texas entitle you to recover both economic and non-economic damages, which is compensation for your tangible and intangible losses.
When the discovery rule is invoked by your attorney, they are giving you a fighting shot at recovering the financial compensation you need to move forward after your injury. Nobody should have to suffer the consequences of a reckless healthcare professional because of latent symptoms. Our team of medical malpractice attorneys at Davis & Davis has over 70 years of combined experience and has handled more than 300 jury trials in our time serving our Texas community. We are proud to handle medical malpractice cases of all types and will gladly evaluate your case today.
Let us handle the hard parts while you focus on resting and recovering. To begin the process with a free consultation, please call our office at (888) 522-9444 or use our online contact form.
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]]>The post How Do I Know if My Child’s Cerebral Palsy Was Caused by Medical Malpractice? appeared first on Davis & Davis.
]]>The Centers for Disease Control and Prevention reports that motor disability affects roughly 1 in 345 children, and is more common for those born prematurely. Unfortunately, the disability can also be the direct result of a birthing injury caused by the recklessness of your healthcare professional. Without the help of a knowledgeable attorney, it can be nearly impossible to understand if your child’s cerebral palsy is a direct result of negligence or not. If you have a feeling that something went wrong, it is best you reach out to a dedicated representative from Davis & Davis today.
Cerebral palsy may not be immediately identifiable in your newborn, and the first signs of motor impairment may not reveal themselves until the age of one. Tremors, lack of coordination, and stiff muscles are all considered early warning signs. If you believe your child’s diagnosis is a result of a breach of the expected care to be provided by your healthcare professional, your attorney can help determine whether or not this is the case.
By conducting an immediate investigation into the circumstances surrounding their birth, they can help deduce whether or not your child’s cerebral palsy is a result of:
Your healthcare professional owes you a standard of care that, when broken, can cause lifelong side effects.
Cerebral palsy is a lifelong disability that affects every person’s motor and function skills differently. Some children may grow up needing permanent assistance, which comes with associated costs. Some examples of costs associated with cerebral palsy include:
Everyone’s expenses and experiences will look different. When you file a claim with the at-fault party’s insurance, you are doing so to recover compensation for your birth injury.
In Texas, medical malpractice claims allow you to recover both economic and non-economic damages, which cover your tangible losses as well as your emotional suffering. Texas currently has a cap on non-economic damages for medical malpractice cases. If it involves healthcare professionals or a single institution, the damage cap is $250,000. If it involves multiple healthcare institutions, the cap is up to $500,000.
While you concentrate on giving your newborn the attention they need, the team at Davis & Davis will put their combined 70 years of experience together to begin working on your case. We will begin by collecting any pertinent or time-sensitive information and filing a claim within the two-year statute of limitations. From there, we will act as your guide through the process, handling all negotiations and scheduling with the insurance company to get you a settlement worthy of your child’s birth injury.
Don’t settle for an unfair offer. Schedule a free consultation today to discuss your best legal options by calling our office at (888) 522-9444 or using our online contact form.
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