Birth Injury Attorney

Birth injuries can be devastating, leaving families overwhelmed by the physical, emotional, and financial impact. The repercussions extend beyond immediate medical concerns to long-term care needs and financial burdens. In such critical situations, finding a competent birth injury lawyer is essential. 

Experienced birth injury lawyers can navigate the complexities of medical malpractice law, advocate for the rights of the child and family, and secure the necessary compensation to cover ongoing healthcare costs and ensure proper support for the affected family. 

Why Hire Rosenfeld Injury Lawyers

The complexities involved in birth injury cases require legal representation from birth injury lawyers to navigate the multifaceted medical and legal issues. An experienced birth injury lawyer from Rosenfeld Injury Lawyers can thoroughly investigate the circumstances surrounding the injury, collect and analyze medical records, consult with expert witnesses, and devise a solid legal strategy.

Our expertise ensures that the affected family receives the maximum possible compensation to cover medical expenses, ongoing care, and emotional distress. Additionally, securing help from our birth injury lawyers allows victims to hold negligent health care providers accountable, ultimately fostering higher standards in medical practice and preventing future incidents.

What are Birth Injuries?

Birth injuries refer to physical harm sustained by an infant or the mother during the process of labor and delivery. Medically, these injuries can be minor bruises to severe neurological damage, and even death in severe cases. 

Legally, birth injuries may be categorized under medical malpractice if they result from negligence or improper care by healthcare professionals. Each case requires thorough investigation by birth injury lawyers to assess the medical practices involved and establish liability. 

The Role of Medical Professionals in Preventing Birth Injuries

Doctors and other medical professionals play a vital role in anticipating and preventing a child’s injuries. Their duty of care involves closely monitoring both mother and child, identifying potential complications, and intervening promptly and appropriately. Failure to fulfill these responsibilities can lead to severe consequences.

Types of Birth Injuries

Birth injuries can be categorized into several types, including physical birth injuries, brain injuries, and other forms. Understanding these categories helps in comprehensively addressing their impacts.

Physical Birth Injuries

• Brachial Plexus Injury (Erb’s Palsy): These preventable birth injuries are damages to the network of nerves that send signals from the spine to the shoulder, arm, and hand.
• Bone Fractures: Commonly affected bones include the clavicle and skull, typically due to mechanical pressure during delivery.
• Facial Paralysis: This occurs when the infant’s facial nerves are injured, resulting in temporary or permanent paralysis.
• Cephalohematoma (Head bleeding): Bleeding between the baby’s skull and the periosteum, often caused by the use of forceps during delivery.

Brain Injuries

• Hypoxic-Ischemic Encephalopathy (HIE): A type of brain damage due to insufficient oxygen.
• Cerebral Palsy: Cerebral palsy is a group of disorders that affect movement and muscle tone, often caused by brain damage before or during birth.
• Seizures: Infant seizures can indicate underlying brain injury or damage.
• Developmental Delays: Various forms of developmental issues arising from brain injuries sustained at birth.

Other Birth Injuries

• Spinal Cord Injuries: These can lead to significant long-term disabilities.
• Organ Damage: Injuries to internal organs, often due to mechanical forces or birth asphyxia.

Role of Birth Injury Attorneys

Our experienced birth injury attorneys bring specialized expertise and skill sets crucial for handling such sensitive cases. Here’s how we can help:

• Expertise and Specialization: A birth injury lawyer has in-depth knowledge of medical malpractice laws and standards of care.
• Investigation and Evidence Gathering: We meticulously collect and analyze medical records and consult with medical experts.
• Negotiation and Litigation: A birth injury lawyer is skilled in both negotiating birth injury settlements and litigating in court if necessary.
• Support and Guidance: A personal injury lawyer offers ongoing support to families, helping navigate the complex legal landscape with empathy and understanding.

Common Causes of Birth Injuries

Understanding the common causes of birth injuries can aid in identifying potential negligence. Common causes include:

Medical Negligence

• Delayed Delivery: Delayed delivery occurs when there is a failure to recognize and respond promptly to signs that require an immediate delivery. This delay can lead to oxygen deprivation and other complications, increasing the risk of birth injuries for the baby.
• Improper Use of Forceps or Vacuum Extractors: Incorrectly using delivery tools – like forceps or vacuum extractors – can cause significant birth defects and trauma to the baby. Incorrect application of these instruments can result in injuries like skull fractures, nerve damage, or intracranial hemorrhage.
• Failure to Monitor Fetal Distress: Failing to monitor fetal heart rates and distress signals can have severe consequences. Failure to detect and respond to signs of fetal distress may lead to conditions such as hypoxia, which can cause long-term neurological damage.
• Medication Errors: Incorrect administration of drugs during labor can pose serious risks to both mother and child. These medical errors, such as incorrect dosages or administering the wrong drug, can lead to adverse reactions and complications, potentially resulting in birth injuries.

Pre-Existing Conditions

• Maternal Health Issues: Maternal health issues that develop during pregnancy, like gestational diabetes or preeclampsia, can also contribute to birth injuries. These conditions may affect the growth and development of the fetus as well as complicate the delivery process, requiring medical interventions to ensure the safety of both mother and child.
• Fetal Development Problems: Fetal development problems, such as developmental delays or congenital abnormalities, can predispose a baby to birth injuries. These issues may arise from genetic factors or environmental exposures during pregnancy, and they often necessitate advanced prenatal care and sometimes surgical interventions after birth.

Birth Complications

• Prolonged Labor: Extended labor can lead to distress and complications for both the mother and the baby. If labor continues for an unusually long period, the risk of using forceful delivery methods, such as forceps or vacuum extraction, increases, potentially resulting in injuries.
• Umbilical Cord Issues: Problems such as cord prolapse or compression can interrupt the oxygen and nutrient supply to the baby, leading to significant health complications or even permanent damage. These issues require immediate medical intervention to mitigate the risks.
• Shoulder Dystocia: This occurs when an infant’s shoulders get lodged during delivery, often requiring aggressive maneuvers to safely deliver the baby. Shoulder dystocia can result in brachial plexus injuries, fractures, or other trauma to the baby and requires skilled handling by the medical team.

Seeking Compensation in a Birth Injury Lawsuit

Families may be able to seek compensation through birth injury lawsuits to help cover financial burdens and secure the future well-being of the affected child. 

Types of Damages

Here’s what you could be entitled to:

• Medical Expenses: Covering current and future healthcare costs.
• Rehabilitation and Therapy Costs: Ongoing therapy and rehabilitation services.
• Pain and Suffering: Compensation for physical and emotional distress.
• Lost Earning Capacity: Future lost income due to disabilities.
• Wrongful Death: Financial relief in cases where a birth injury results in the infant’s death.

Proving Liability

To successfully claim compensation in a birth injury lawsuit, it is crucial to establish liability by demonstrating that the injury resulted from negligence or improper care.

Establishing Medical Negligence

To build a successful birth injury lawsuit, it is crucial to establish medical negligence. This involves demonstrating that the medical providers failed to meet the standard of care expected in the medical community. 

Standard of care refers to the level and type of care an ordinarily prudent healthcare professional, with a similar background and in the same medical community, would have provided under similar circumstances. 

Evidence such as expert testimony, medical records, and professional guidelines may be used to prove that the healthcare provider’s actions fell short of this standard.

Demonstrating Causation

Beyond establishing that the standard of care was not met, it is necessary to demonstrate causation; i.e. linking the healthcare provider’s actions directly to the birth injury. This requires showing that the injury would not have occurred if the provider had adhered to the standard of care. 

Medical experts play a critical role in this process by explaining how the provider’s specific actions or omissions led to the injury. Clear and compelling evidence must be presented by the injured party’s legal team to illustrate the direct connection between the negligence and the harm suffered by the infant, ensuring accountability for the consequences of the medical malpractice.

Statute of Limitations for Birth Injury Claims

The statute of limitations for birth injury claims refers to the legally defined time period within which a lawsuit must be filed. This timeframe varies on a state-by-state basis, each with its own specific rules and exceptions. This deadline is usually between one and three years, but can be longer in some states. Generally, the clock starts from the date of the injury or from the date when the injury was discovered or reasonably should have been discovered.

There are exceptions for minors, allowing a longer period to file a claim. Knowing the specific statute of limitations applicable to your case is essential, as failing to file within the prescribed time frame can result in the forfeiture of the right to seek compensation.

Consulting birth injury lawyers is esential to ensure you file your child’s birth injury claim on time.

How to Choose the Right Birth Injury Lawyer

When selecting a birth injury law firm, consider the following factors:

• Experience and Track Record: Evaluate the attorney’s history of handling cases similar to yours. Look for birth injury lawyers with a proven track record of securing favorable outcomes for their clients in birth injury cases.
• Reputation and Client Reviews: Look at feedback from previous clients to gain insights into their experiences with the attorney. Positive reviews and testimonials can indicate a strong reputation. Additionally, consider the attorney’s standing in the legal community, including any accolades and awards.
• Resources and Network of Experts: The right attorney will have access to medical experts and investigative resources essential for substantiating your claim. These experts play a vital role in demonstrating the connection between the medical provider’s actions and the birth injury.
• Compassion and Communication Skills: Effective communication and genuine empathy are crucial qualities in an attorney handling sensitive birth injury cases. A top birth injury lawyer should be able to explain complex legal and medical issues clearly and be responsive to your concerns, providing support throughout the legal process.
• Fee Structure: The reality is that birth injury lawyers cost money. However, there are ways to file claims without breaking the bank. Many birth injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Discuss all potential costs upfront to avoid any surprises.

Selecting the right birth injury law firms involves careful consideration of these factors to ensure you have the best possible representation for your child’s birth injury case. 

Contact Birth Injury Lawyers Who Care!

Navigating a birth injury case requires a nuanced understanding of both legal and medical intricacies, making the selection of an experienced birth injury attorney crucial. A skilled birth injury lawyer will not only help you secure just compensation but also provide the support and guidance needed during this challenging time.

Reach out via our online form or call us at (888) 424-5757.