Avoidable birth injuries cause unnecessary hardships for families and newborn children. In some cases, they mean medical expenses and special care that derail a family’s budget and cause debt. Sometimes, birth injuries lead to lifelong complications and ongoing care expenses.
If your newborn child suffered a birth injury because of the alleged negligence of a medical professional or facility, you may have the right to seek compensation. Our birth injury lawyers will investigate the incident and help you pursue a claim based on alleged medical negligence.
At Sweet James Accident Attorneys, our team of more than 400 legal professionals is available to discuss your situation. Call today for your free consultation and learn more about how our personal injury lawyers may be able to assist you.
How Can Sweet James Help?
Proving liability in a birth injury case can be complex. You may benefit from having an attorney on your side who understands personal injury law and has experience handling claims involving hospitals and medical providers.
Some of the ways our birth injury attorneys can help with your case include:
- Review records and investigate the incident to understand how the accident happened
- Identify all liable parties that may have played a role in the injury
- Assess the damages related to the alleged medical negligence
- Assist with filing a civil lawsuit when warranted
- Interact with hospitals and their insurance companies
- Engage in settlement discussions when appropriate
- Provide representation if litigation proceeds to trial
Our team works on a contingency fee basis, meaning it doesn’t cost you anything upfront to hire our services. Attorneys’ fees are typically owed only if compensation is recovered, as provided in the fee agreement. If no recovery is obtained, attorneys’ fees are not owed, as outlined in the fee agreement.
Who Is Liable for Birth Injuries?
Medical professionals are required to act in accordance with the standard of care that a reasonably competent professional would exercise in similar circumstances. A failure to meet this standard may result in liability for resulting injuries.
Our lawyers for birth injuries will investigate the circumstances of the injuries to determine who may be responsible. Various medical professionals or institutions may be responsible.
Our team may seek damages as a result of negligent actions by parties such as:
- Obstetricians and OB-GYNs
- Nurses
- Hospitals
- Pharmaceutical companies
- Anesthesiologists
- Medical equipment manufacturers
Compensation in Birth Injury Lawsuits
If a birth injury claim is successful, damages may include costs for both economic and non-economic damages. Total compensation depends on the severity of the injuries and other factors.
While every case is different, compensation may include:
- Current and future medical expenses
- Ongoing care costs, such as assistive devices and home modifications
- Pain and suffering
- Loss of quality of life
- Long-term or lifetime care needs
In some circumstances, you may be able to recover punitive damages. These are not intended to compensate you for your hardships, but to address certain conduct under the law in limited circumstances.
Common Birth Injuries
Many types of birth injuries may be caused by negligence on the part of medical professionals. Some of the most common include:
Brachial Plexus Injury
The brachial plexus is a group of nerves that controls the shoulder, arm, and hand. Injuries can happen during childbirth from shoulder dystocia or incorrect use of forceps or vacuum devices. Risk factors may require careful monitoring and clinical judgment.
Brain Damage
Birth-related brain damage can result from oxygen deprivation caused by issues with the umbilical cord or placenta, traumatic injury from improper use of delivery instruments, or untreated jaundice that progresses to kernicterus.
Bone Fractures
Bone fractures, especially clavicle fractures, may occur during difficult deliveries due to shoulder dystocia or incorrect use of forceps or vacuum extractors. Applying excessive force increases the risk of injury to fragile newborn bones.
Oxygen Deprivation
Oxygen deprivation, or hypoxic-ischemic encephalopathy (HIE), is a serious brain injury caused by prolonged lack of oxygen. To prevent HIE, medical staff typically monitor fetal distress closely and take swift action, such as performing an emergency C-section.
Cerebral Palsy
Cerebral palsy is a neurological disorder affecting movement, balance, and posture. While most causes are congenital, it is occasionally caused by brain damage during or shortly after birth. Common causes include hypoxia, infections, and birth traumas.
Get Help From Our Birth Injury Attorneys
A birth injury can be heartbreaking for families and life-altering for the child. Medical professionals have a legal obligation to maintain a reasonable standard of care for mothers and children. When a duty of care may not be met, legal options may be available.
You may be able to recover compensation for present and future medical needs as well as other damages. Our birth injury attorneys can investigate the accident, determine what happened and who is responsible, and seek damages supported by the evidence and applicable law.
When your child has suffered a birth injury, our legal team at Sweet James Accident Attorneys is available to discuss your situation. Call for your free consultation and tell us what happened.
Disclaimer: Past results do not guarantee future outcomes.
