248 ReviewsHow Can a Birth Injury Attorney Help?
A birth injury lawyer at Friedland & Associates will diligently investigate the circumstances surrounding the birth injury to determine if negligence played a role. This investigation involves gathering medical records, consulting experts, and reviewing the actions of medical professionals involved in the delivery. The goal of our legal team is to establish a clear link between the negligence and the resulting birth injury.
In a no-fault state, pursuing compensation requires proving that the injury resulted from medical negligence or malpractice.
Birth injury lawyers work to build a compelling case by demonstrating the following:
Negligence
They show that the medical professionals’ actions fell below the accepted standard of care, leading to the injury.
Causation
They establish a direct link between the negligence and the birth injury, proving that the injury wouldn’t have occurred if not for the medical negligence.
Damages
They document the physical, emotional, and financial damages suffered by the child and their family as a result of the birth injury.
Establishing Liability
In a birth injury claim, several parties may potentially be held liable for the harm caused to the child and their family due to negligence or medical malpractice.
The liable parties can include:
Medical professionals
Doctors, nurses, midwives, and other healthcare providers directly involved in the prenatal care, labor, and delivery process can be held accountable if their actions or decisions deviate from the accepted standard of care and lead to birth injuries.
Hospitals and medical facilities
Hospitals and medical facilities can be held vicariously liable for the actions of their staff members if it is proven that their negligence or inadequate protocols contributed to the birth injury.
Pharmaceutical companies
If medication or medical devices used during childbirth lead to complications or injuries, the pharmaceutical companies responsible for manufacturing or distributing these products could be held liable.
Medical equipment manufacturers
Manufacturers of medical equipment, such as birthing tools, forceps, or vacuum extractors, can be held liable if their products are defective or malfunction, leading to birth injuries.
Anesthesiologists
If anesthesia is administered during childbirth, anesthesiologists can be held accountable if errors in dosage or administration result in harm to the mother or the baby.
Prenatal care providers
Healthcare professionals providing prenatal care are responsible for monitoring the health of the mother and the baby. Negligence in prenatal care, such as failure to diagnose conditions or provide appropriate recommendations, can lead to birth injuries.
Labor and delivery nurses
Nurses assisting in labor and delivery play a crucial role in monitoring the well-being of both the mother and the baby. Negligent actions or decisions during labor can result in birth injuries.
What Types of Damages Can I Pursue in a Birth Injury Case?
Birth injury victims may be entitled to various types of damages, including:
Past and future medical expenses
Compensation for current and future medical costs related to the injury, such as surgeries, therapies, medications, and specialized equipment.
Pain and suffering
Compensation for the physical pain, emotional distress, and loss of enjoyment of life caused by the birth injury.
Lost earnings
If the child’s injury leads to a reduced ability to work in the future, compensation may be awarded for lost earning potential.
Therapies and rehabilitation
Compensation for ongoing therapies, rehabilitation, and specialized care needed to manage the birth injury.
Emotional distress
Compensation for the emotional and psychological impact on both the child and their family.
What Are the Common Types of Birth Injuries that Can Occur?
Negligence during childbirth or prenatal care can tragically result in various types of birth injuries that have long-lasting effects on the child and their family.
Some of the common types of birth injuries caused by negligence include:
Cerebral palsy
This is a group of disorders that affect a person’s ability to move and maintain balance and posture. It can occur due to brain damage during childbirth, often caused by inadequate medical interventions or mistakes made during labor.
Erb’s palsy
This injury affects the nerves controlling the arm and hand, resulting in weakness or loss of movement. It can happen if excessive force is used during delivery, leading to nerve damage in the upper arm.
Brachial plexus injuries
The brachial plexus is a network of nerves that control movement and sensation in the arms. Injury to this area can happen if there is difficulty delivering the baby’s shoulder, often due to mishandling by medical professionals.
Hypoxic-ischemic encephalopathy (HIE)
Lack of oxygen to the baby’s brain during birth can lead to HIE, which can result in cognitive and developmental delays. This can occur if medical staff fail to monitor fetal distress or address complications promptly.
Facial nerve injuries
Incorrect use of forceps or vacuum extractors during delivery can lead to facial nerve injuries, causing facial paralysis or weakness.
Fractures
Bone fractures, particularly to the clavicle or collarbone, can occur if excessive force is applied during a difficult delivery.
Wrongful death
In the most tragic cases, negligence during childbirth can result in the loss of the newborn’s life.
These injuries often have lifelong consequences, requiring extensive medical care, therapies, and ongoing support. When negligence is involved, a birth injury lawyer can help families understand their rights, hold responsible parties accountable, and seek the compensation needed to provide the best care for their child’s future.
Contact Us Today!
If your child has suffered a birth injury due to negligence, don’t hesitate to seek legal help. Contact Friedland & Associates today to schedule a free consultation to discuss your case.
Our experienced birth injury lawyers are dedicated to helping families navigate the legal process and secure the compensation needed to provide the best possible care and quality of life for their child.
