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Birth Injury Attorney

Birth Injury Attorney: Types, Causes, And Legal Implications 

The miracle of childbirth can sometimes be overshadowed by unforeseen complications. Birth injuries, though not always preventable, can have a profound impact on a newborn’s life and the lives of their families. If you suspect your child has suffered a birth injury due to medical negligence, seeking legal guidance from a qualified birth injury attorney is crucial. At Ask The Law Doc – Gershon Willoughby & Getz, our team understands the complexities of birth injury cases and is dedicated to advocating for the rights of families affected by these situations.

This article provides an overview of birth injuries, their types, common causes, and the legal implications associated with medical negligence during childbirth. Read Navigating Legal Options with Birth Injury Attorney to learn more.

Types Of Birth Injuries

Birth injuries encompass a wide range of conditions that can affect a newborn’s physical and neurological development. Some of the most common types include:

  • Brachial Plexus Injuries: These occur when nerves in the brachial plexus, a network of nerves in the shoulder and neck, are stretched or torn during delivery. This can lead to weakness, paralysis, or loss of sensation in the arm and hand.
  • Caput Succedaneum and Cephalhematoma: These are non-serious injuries that appear as swelling or bruising on the baby’s head. They typically resolve on their own within a few days.
  • Erb’s Palsy: A specific type of brachial plexus injury that affects the upper arm. It can cause limited mobility or paralysis in the arm.
  • Fractures: Broken bones can occur during a difficult delivery, especially if the baby is in a breech position.
  • Hypoxic-Ischemic Encephalopathy (HIE): This is a brain injury caused by a lack of oxygen or blood flow to the baby’s brain during delivery. HIE can lead to a range of disabilities, including intellectual disabilities, cerebral palsy, and seizures.
  • Intracranial Hemorrhage (ICH): Bleeding within the skull can occur during a difficult delivery. The severity of the injury depends on the location and amount of bleeding.
  • Shoulder Dystocia: This occurs when the baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. It can cause nerve damage and other complications.
  • Spinal Cord Injuries: These are rare but serious injuries that can occur during a breech delivery or if excessive force is used during delivery.

Causes Of Birth Injuries

Birth injuries can be caused by various factors, some preventable and others unavoidable. Here are some of the most common causes:

  • Medical Negligence: This is when a medical professional fails to meet the expected standard of care during pregnancy, labor, or delivery. Examples include failing to monitor the fetus properly, using excessive force during delivery, or delaying a necessary C-section.
  • Forceps or Vacuum Extraction: While these instruments can be helpful in certain delivery situations, improper use can increase the risk of birth injuries.
  • Maternal Infections: Certain infections during pregnancy, such as Group B Strep (GBS), can increase the risk of birth complications, including infections in the newborn.
  • Premature Birth: Babies born before 37 weeks are more susceptible to birth injuries due to their underdeveloped organs and systems.
  • Multiple Gestation: Delivering twins, triplets, or more babies presents a higher risk of complications, including birth injuries.
  • Uterine Rupture: A tear in the uterus during delivery can be a life-threatening emergency for both mother and baby.

Legal Implications Of Birth Injuries

If you believe your child’s birth injury was caused by medical negligence, you may have legal grounds to pursue a birth injury lawsuit. A birth injury attorney can help you understand your legal options and navigate the complexities of the legal system. Here’s what you can expect:

  • Case Evaluation: A birth injury attorney will review your medical records, consult with medical experts, and assess the evidence to determine if medical negligence occurred.
  • Building Your Case: If your case has merit, the attorney will gather evidence to support your claim, including medical records, witness testimonies, and expert opinions.
  • Negotiation or Litigation: The attorney will attempt to negotiate a fair settlement with the healthcare provider’s insurance company. If a settlement cannot be reached, the case may proceed to trial.

Why Choose Ask The Law Doc – Gershon Willoughby & Getz?

At Ask The Law Doc – Gershon Willoughby & Getz, we understand the emotional and financial toll that a birth injury can take on a family.  Our team of experienced birth injury attorneys is dedicated to:

  • Investigating Your Case Thoroughly: We will leave no stone unturned in uncovering the cause of your child’s injury and holding the responsible parties accountable.
  • Providing Compassionate Support: We understand this is a difficult time for your family, and we will be there to offer support and guidance throughout the legal process.
  • Aggressively Advocating for Your Rights: We are committed to fighting for the maximum compensation your child deserves to cover current and future medical expenses, lost wages due to caring for your child, and pain and suffering.
  • Keeping You Informed: We will keep you informed of the progress of your case and answer any questions you may have along the way.

Taking Action With Ask The Law Doc – Gershon Willoughby & Getz

If your child has suffered a birth injury, it is important to act quickly. There are often strict time limits for filing a birth injury lawsuit, so don’t delay in seeking legal counsel. Our team at Ask The Law Doc – Gershon Willoughby & Getz offers free consultations to discuss your case and answer any questions you may have. We work on a contingency fee basis, so you won’t pay any fees unless we win your case.

Remember, you are not alone. Ask The Law Doc – Gershon Willoughby & Getz is here to help you navigate the legal process and fight for the compensation your child deserves.

We understand that no amount of money can undo the harm caused by a birth injury. However, a successful birth injury lawsuit can provide the financial resources your child needs to receive the best possible care and live a fulfilling life.

FAQs: Ask The Law Doc – Gershon Willoughby & Getz

What are some signs that my child might have a birth injury?

Signs of a birth injury can vary depending on the type and severity of the injury. Some common signs include:

  • Weakness or paralysis in an arm or leg
  • Seizures
  • Difficulty feeding or swallowing
  • Breathing problems
  • Excessive fussiness or lethargy
  • Developmental delays

If you notice any of these signs in your child, it’s important to consult with a doctor right away.

What should I do if I suspect a birth injury was caused by medical negligence?

If you believe your child’s birth injury was caused by a medical professional’s mistake, it’s important to contact a birth injury attorney as soon  as possible. Birth injury cases often have strict time limits for filing a lawsuit, so don’t delay in seeking legal counsel. An attorney can review your case, determine if medical negligence occurred, and advise you of your legal options.

How much does it cost to hire a birth injury attorney?

Many birth injury attorneys work on a contingency fee basis. This means you won’t pay any fees upfront unless your case is successful. The attorney’s fee will be a percentage of the settlement or award you receive.

What kind of compensation can I expect if I win a birth injury lawsuit?

The amount of compensation you can expect in a birth injury lawsuit will vary depending on the specific facts of your case. However, potential damages may include:

  • Medical expenses, both current and future
  • Lost wages due to caring for your child
  • Pain and suffering
  • Emotional distress
  • Special needs equipment and therapy

What are some of the benefits of working with a birth injury attorney?

There are many benefits to working with a qualified birth injury attorney. An experienced attorney can:

  • Investigate your case thoroughly and gather evidence to support your claim.
  • Negotiate with the insurance company to obtain a fair settlement for your child.
  • Represent you in court if necessary.
  • Provide you with emotional support and guidance throughout the legal process.

Remember, this information is not a substitute for legal advice.  For specific questions about your case, consult with a qualified birth injury attorney.