Birth Injury Attorneys

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Legal Help for Families Following a Birth Injury

Birth injuries can be devastating for both a child and their parents. These injuries that occur during labor and delivery can lead to lifelong disabilities, complicating life from the beginning of a child’s life. While not all birth injuries are preventable, many are caused by medical malpractice or negligence. Doctors, nurses, and hospital workers have an obligation to provide highly-skilled care to every patient they treat, and if a child is harmed during birth due to their negligent or reckless actions, you have the right to file a personal injury lawsuit against those who have harmed your child.

The Injury Group is here to help. If you suspect your child’s birth injuries were caused by medical malpractice or negligence, it is important to consult with a personal injury attorney who specializes in birth injury cases. The Injury Group can help you understand your legal rights and options, and guide you through the process of pursuing compensation for your child’s injuries. Contact us today to find out how much your child’s case is worth.

Find Out How Much Your Case Is Worth

Types of Birth Injuries

There are many different types of birth injuries, ranging from minor injuries that resolve on their own to serious injuries that can have lifelong consequences. Some of the most common types of birth injuries include:

Brachial plexus injuries: Brachial plexus injuries occur when the nerves that control movement and sensation in the arms are damaged during delivery. This can happen if the baby's shoulder gets stuck behind the mother's pubic bone during delivery, or if excessive force is used to deliver the baby's shoulder.

Cerebral palsy: Cerebral palsy is a group of neurological disorders that can be caused by brain damage before, during, or shortly after birth. It can result in muscle weakness, spasticity, and problems with coordination and movement.

Bone fractures: Fractures can occur during delivery if the baby's bones are put under too much pressure. The most common fractures are collarbone fractures, which can happen if the baby's shoulder gets stuck during delivery. Improper use of forceps or suction by a delivering doctor can lead to bone fractures in an infant.

Asphyxia: If delivery is delayed, the child may be unable to breathe for an extended period of time. This asphyxia can easily cause severe brain damage, which leads to a wide variety of physical and mental disabilities.

Spinal cord damage: Not recognizing complications during delivery, improper position of the infant during birth, and reckless actions taken during delivery may severely injure the child's spinal cord, causing severe physical disabilities for life.

Causes of Birth Injuries

There are countless ways in which a doctor can act negligently and cause severe injuries to a child. Some of the most common causes of birth injuries include:

Delayed or improper delivery: If a doctor or other medical professional fails to recognize that a baby is in distress during delivery and doesn't take appropriate action to deliver the baby quickly, the baby may suffer from oxygen deprivation or other injuries.

Improper use of delivery tools: If a doctor or other medical professional uses delivery tools, such as forceps or a vacuum extractor, improperly, the baby may suffer from injuries such as bruising, lacerations, or skull fractures.

Failure to monitor the baby's vital signs: If a doctor or other medical professional fails to monitor the baby's vital signs during delivery, they may not recognize when the baby is in distress and may not take appropriate action to deliver the baby quickly.

Medication errors: If a doctor or other medical professional administers the wrong medication or the wrong dose of medication to the mother during delivery, the baby may suffer from injuries such as oxygen deprivation or brain damage.

Failure to perform a C-section when necessary: If a doctor or other medical professional fails to recognize that a C-section is necessary to safely deliver the baby, the baby may suffer from oxygen deprivation or other injuries.

Our Legal Process

1. Investigation and Gathering Evidence

The first step in pursuing a birth injury case is to investigate the circumstances surrounding the injury. This may involve obtaining medical records, interviewing witnesses, and consulting with medical experts. The goal of this investigation is to determine whether the birth injury was caused by medical malpractice or negligence, and to identify the parties responsible for the injury.

2. Building the Case

Once the investigation is complete and it is determined that there is a viable case, the next step is to build the case. This may involve filing a lawsuit against the responsible parties and gathering evidence to support the case. Evidence may include medical records, expert testimony, and witness statements.

It is also important to calculate the damages that the family is entitled to receive. This may include compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the birth injury. Your attorney will work with medical experts and other professionals to ensure that all damages are properly calculated.

3. Negotiating a Settlement or Going to Trial

In many cases, the responsible parties and their insurance companies will be willing to negotiate a settlement to avoid a trial. Your attorney will work to negotiate a fair settlement on your behalf. If a fair settlement cannot be reached, the case may go to trial. Your attorney will represent you in court and present evidence to support the case. The goal of the trial is to secure a favorable verdict and award damages to the child and/or their family.

Frequently Asked Questions

The Injury Group’s birth injury lawyers can answer any questions you may have about your case, as well as inform you how much your case may be worth.

Determining the value of a birth injury case is a complex process that depends on several factors, such as the severity of the injury, the cost of medical treatment, lost wages, pain and suffering, and other damages. An attorney at the Injury Group can help you calculate the damages you may be entitled to receive.

Birth injuries that occur as a result of medical malpractice are typically attributed to OBGYNs, nurses, or other hospital staff that allowed the injury to occur. While we will need to thoroughly review the specific circumstances of the incident, your claim will likely be against the hospital at which the birth occurred. Additionally, pharmaceutical companies that manufacture medication prescribed to the mother during pregnancy that may have caused an injury or medical device manufacturers who manufacture devices that cause injury during delivery may be held liable.