Giving birth is a momentous occasion, a time filled with joy and anticipation of welcoming a new member of the family. However, childbirth can sometimes take an unexpected turn, resulting in injuries to the newborn. If your child has suffered a birth injury due to medical negligence, you may be feeling overwhelmed and unsure of where to turn. The experienced birth injury attorneys at Ask The Law Doc – Gershon Willoughby & Getz are here to help.
Understanding Birth Injuries
Birth injuries can encompass a wide range of complications that occur before, during, or after childbirth. These injuries can affect the baby’s physical, cognitive, or emotional development, often leading to lifelong challenges. Some of the most common types of birth injuries include:
- Brachial plexus injuries: These occur when there is damage to the nerves in the baby’s neck and shoulder, often caused by excessive pulling or stretching during delivery. This can result in Erb’s palsy or Klumpke-Dejerine palsy, affecting movement and sensation in the arm and hand.
- Caput succedaneum: This is a temporary swelling of the scalp caused by pressure during delivery. While typically harmless, it can sometimes mask more serious injuries.
- Cephalohematoma: This is bleeding between the skull and the scalp’s outer membrane, also caused by pressure during delivery. Similar to caput succedaneum, it usually resolves on its own but may require monitoring.
- Hypoxic-ischemic encephalopathy (HIE): This is a brain injury caused by a lack of oxygen to the baby’s brain. HIE can have a wide range of consequences, from mild learning disabilities to cerebral palsy.
- Fractures: Broken bones can occur during a difficult delivery, especially if the baby is in a breech position.
- Spinal cord injuries: These are rare but serious injuries that can occur during a difficult delivery or due to improper use of forceps or vacuums.
Causes Of Birth Injuries
Birth injuries can happen due to various factors, some of which may be preventable. Here are some common causes:
- Medical negligence: This can include errors in judgment during pregnancy, labor, or delivery. Examples include failing to monitor the fetus properly, using excessive force during delivery, or failing to order a cesarean section when necessary.
- Doctor or nurse fatigue: Exhaustion can impair judgment and lead to mistakes.
- Inadequate staffing: Hospitals with insufficient staff may compromise the quality of care provided during childbirth.
- Failure to follow established protocols: Deviations from standard medical procedures can increase the risk of birth injuries.
The Impact Of Birth Injuries
Birth injuries can have a profound and lasting impact on both the child and the family. The child may face physical limitations, developmental delays, and require ongoing medical care. Families may experience emotional distress, financial strain due to medical bills and lost wages, and challenges in caring for a child with special needs. Read How Birth Injury Attorneys Fight for Birth Injury Victims to learn more.
The Role Of Birth Injury Attorneys
If you believe your child’s birth injury was caused by medical negligence, a birth injury attorney can help you navigate the legal system and fight for the compensation your family deserves. An experienced attorney will:
- Investigate the circumstances surrounding your child’s birth injury and gather medical records to establish a case.
- Consult with medical experts to determine whether medical negligence occurred.
- Negotiate with the insurance company representing the healthcare provider involved.
- If necessary, represent you in court to obtain fair compensation for your child’s injuries.
Why Choose Ask The Law Doc – Gershon Willoughby & Getz?
At Ask The Law Doc – Gershon Willoughby & Getz, we understand the immense challenges families face after a birth injury. Our team of compassionate and dedicated birth injury attorneys has a proven track record of success in securing compensation for families throughout. We are committed to:
- Client-centered representation: We take the time to understand your unique situation and provide personalized attention throughout the legal process.
- Aggressively pursuing justice: We will fight tirelessly to hold negligent healthcare providers accountable for their actions.
- Maximizing your compensation: We will work to secure the maximum compensation possible to cover medical expenses, lost wages, and future costs associated with your child’s care.
Building A Strong Birth Injury Case
At Ask The Law Doc – Gershon Willoughby & Getz, we believe in thorough case preparation to maximize your chances of success. Here’s what you can expect when you partner with us:
- Free Case Evaluation: Our initial consultation allows us to understand your child’s birth injury, the circumstances surrounding the delivery, and any medical records you possess. This helps us assess the potential for a case and answer your questions.
- Comprehensive Investigation: We will conduct a meticulous investigation into your child’s birth injury. This may involve reviewing medical records, interviewing healthcare providers involved in your delivery, and consulting with medical experts specializing in birth injuries.
- Medical Expert Witness Testimony: Medical experts play a crucial role in birth injury cases. Their testimony can establish whether medical negligence occurred and how it directly contributed to your child’s injury. We will work with qualified medical professionals to provide a strong foundation for your case.
- Gathering Evidence: We will gather all relevant evidence to build a compelling case, including medical records, witness statements, and expert reports. This documentation is essential in proving the cause of the injury and the extent of the damages.
- Negotiation and Settlement: We are skilled negotiators and will aggressively pursue a fair settlement with the insurance company representing the healthcare provider. Our goal is to secure maximum compensation for your child’s needs without the stress and uncertainty of a trial.
Understanding Birth Injury Compensation
The compensation you may receive in a birth injury case can vary depending on the severity of your child’s injury and the long-term impact it has on their life. Compensation can include:
- Medical Expenses: This covers all past and future medical bills associated with your child’s injury, including hospitalization, surgeries, therapy, medication, and medical equipment.
- Lost Wages: If you had to take time off work to care for your injured child, you may be able to recover compensation for lost wages.
- Pain and Suffering: This includes compensation for the physical and emotional pain your child experiences due to the injury.
- Loss of Earning Capacity: If your child’s injuries limit their ability to work in the future, you may be entitled to compensation for lost earning potential.
- Special Needs Care: If your child requires ongoing special needs care due to the birth injury, the settlement may cover the cost of in-home care, therapy, and other specialized services.
The Importance Of Taking Action
Birth injury cases are subject to strict time limits, known as statutes of limitations. These deadlines vary by state, you generally have two years from the date of your child’s injury to file a lawsuit. It’s crucial to contact an attorney promptly to ensure you don’t miss this critical deadline.
Moving Forward With Confidence
At Ask The Law Doc – Gershon Willoughby & Getz, we understand the emotional toll a birth injury can take on your family. We are dedicated to fighting for the compensation your child deserves to secure their future and alleviate the financial burdens associated with their medical care. We will stand by your side throughout the legal process, offering compassionate support and clear communication every step of the way.
If your child has suffered a birth injury, don’t hesitate to contact Ask The Law Doc – Gershon Willoughby & Getz for a free consultation. Our experienced birth injury attorneys are here to answer your questions and guide you through the legal process. We are committed to helping your family obtain justice and secure the resources needed to provide your child with the best possible care.
Remember, you are not alone. Let us help you navigate this difficult time and fight for your child’s future.
We hope this article has provided valuable information about birth injuries and the legal options available to you. While this serves as a general overview, it’s important to remember that every case is unique. For specific legal advice regarding your child’s birth injury, please contact Ask The Law Doc – Gershon Willoughby & Getz today.
Frequently Asked Questions: Ask The Law Doc – Gershon Willoughby & Getz
What is the difference between a birth injury and a birth defect?
Birth injuries occur during childbirth or shortly after, often due to complications during delivery or medical negligence. Birth defects, on the other hand, are problems that develop during pregnancy due to genetic abnormalities or environmental factors.
How can I tell if my child’s injury was caused by medical negligence?
If you suspect medical negligence played a role in your child’s birth injury, some red flags might include:
- A difficult or prolonged labor that wasn’t properly managed.
- Failure to order a C-section when medically necessary.
- Improper use of forceps or vacuum extraction devices.
- Lack of monitoring of the baby’s heart rate during delivery.
- Delayed diagnosis or treatment of a complication during delivery.
Consulting with a birth injury attorney can help you determine if these factors were present in your case.
How much does it cost to hire a birth injury attorney?
At Ask The Law Doc – Gershon Willoughby & Getz, we work on a contingency fee basis. This means you won’t pay any legal fees upfront unless we recover compensation for your child’s birth injury. Our fees are a percentage of the settlement or verdict we obtain in your case.
What is the timeline for filing a birth injury lawsuit?
The statute of limitations for birth injury lawsuits is generally two years from the date your child was injured. It’s crucial to contact a lawyer as soon as possible to ensure you don’t miss this deadline.
What type of compensation can I expect in a birth injury case?
The compensation you may receive depends on the severity of your child’s injury and its long-term impact. It can include coverage for medical expenses, lost wages, pain and suffering, lost earning capacity, and special needs care.
