I. Introduction
When a birth injury occurs, it is a devastating event for both the child and the family. From cerebral palsy to brachial plexus injuries, there are many different types of birth injuries that occur due to medical negligence or malpractice. For those who have experienced a birth injury, it can be difficult to know where to turn or who to trust. The birth injury lawyers at Wolfgram Law can help navigate these troubled waters.
A birth injury lawyer is a legal professional who specializes in representing families whose children have suffered injuries during childbirth. These lawyers understand the complexities of birth injury cases and can help families navigate the legal process, including filing a birth injury lawsuit and securing a birth injury settlement.
With years of experience, a birth injury lawyer can provide guidance, support, and representation throughout the legal process. They will work tirelessly to ensure that your family receives the compensation and justice they deserve. This might include compensation for medical bills, ongoing care, pain and suffering, and more.
Parenting is no easy job, and parenting a child with birth injuries is an even greater challenge. I am continuously amazed by our parents. The toughness, resiliency, dedication, and every day hard work of the parents are amazing and inspiring. Seeing how hard these families work motivates us to work just as hard to secure a recovery that will literally change the quality of life for our birth injury families.
If your child has experienced a birth injury, it is crucial to seek legal advice as soon as possible. By working with a birth injury lawyer, you can gain peace of mind and move forward with confidence, knowing that your family is in good hands.
A. Definition of Birth Injury
A birth injury is a physical harm that a newborn infant suffers during delivery. These injuries can range from minor cuts and bruises to severe brain damage that may last a lifetime. Birth injuries are not intentional and can occur due to various factors, such as the size of the baby, complications during labor, or improper use of delivery tools such as forceps. It is important to note that birth injuries should not be confused with birth defects, which are caused by genetic or environmental factors before birth.
As such, it is essential for healthcare providers to properly diagnose, assess, and treat birth injuries as soon as they occur. To address the physical, emotional, and financial effects of such injuries, parents and families of infants who have suffered birth injuries require compassion, support, and access to resources. With proper care and management, infants with birth injuries can still lead happy, fulfilling lives.
B. Importance of birth injury lawsuits
When a child suffers from birth injuries, it is crucial to seek legal assistance. If you believe your child’s birth injury was preventable, holding responsible parties accountable through a birth injury lawsuit is often the best course of action. In St. Louis and other cities, there are many birth injury attorneys who specialize in helping families pursue legal action against healthcare providers, hospitals, and manufacturers of faulty medical equipment that caused your child’s birth injury.
Birth injury lawsuits can help families secure fair compensation to cover the extensive medical expenses and ongoing care needed for a child’s injuries. Additionally, these lawsuits serve as a way to hold medical professionals and healthcare institutions accountable for their negligence and help prevent future unnecessary injuries. The process of filing a birth injury lawsuit can be complex, but the benefits of seeking legal assistance and pursuing justice for your child’s injuries are invaluable.
C. Purpose of the article
The purpose of this article is to inform individuals who have suffered a personal injury due to medical malpractice about their legal options. People who have experienced injuries during childbirth or due to medical negligence can consult with a law firm to understand their rights.
The article highlights the importance of seeking a legal consultation to understand the complexities of the birth canal injury lawsuit and the medical malpractice legal process. A medical expert can provide guidance on the standard of care to accurately identify medical malpractice. A free consultation by a law firm can help eligible individuals take legal action to seek compensation for their healthcare expenses, lost income, and emotional distress.
II. Causes of Birth Injuries
The birth of a child is supposed to be a joyful and wonderful experience, but it can be devastating when your child’s birth injury results from negligence. Negligence can be attributed to medical professionals and healthcare providers who are responsible for your child’s birth. These healthcare professionals may make mistakes or fail to respond appropriately in the event of complications during the delivery process.
Some of the most common birth injuries include spinal cord injuries, cerebral palsy, and brachial plexus injuries. If your child has experienced a birth injury due to medical negligence, it is important to consult an experienced birth injury lawyer who can help you navigate the legal process and obtain the compensation your child deserves.
Overview of common causes
Birth injuries refer to the physical injuries a newborn baby may incur during labor, delivery, or soon after birth. The most common birth injuries are cerebral palsy, spinal cord injuries, and Erb’s palsy. Medical malpractice, negligence, birth trauma, and genetic disorders are the most common causes of birth injuries.
A. Medical Malpractice
Medical malpractice refers to the failure of a medical professional to perform with the required standard of care.
B. Negligence
Refers to the lack of proper care that can lead to a birth injury.
C. Birth trauma
Birth trauma is physical harm to the infant as a result of a challenging or drawn-out delivery process.
D. Genetic disorders
Genetic mutations are the root cause of physical and mental abnormalities known as genetic disorders.
These types of serious birth injuries can cause long-term damage to the infant, leading to lifelong challenges for both the child and their family. The impact of the birth injury can range from mild to severe and could affect the motor, cognitive, and developmental abilities of the child. Medical professionals should take the necessary precautions during labor and delivery to minimize the risk of injury to the newborn. However, when a mistake happens, it is important for parents to seek legal help and explore their options for compensation.
Overall, there are many different factors that can lead to birth injuries, and since each case is different, it is crucial for parents to understand the cause and their options.
III. Common Types of Birth Injury Claims
A. Cerebral Palsy
Medical negligence or errors during pregnancy, labor, or delivery are to blame for this birth injury. For example, if a doctor fails to detect or respond appropriately to a baby’s distress during labor, it could result in oxygen deprivation or other complications that can cause brain damage and lead to cerebral palsy. Other examples include the improper use of delivery tools, improper monitoring of the fetal heart rate, or failure to diagnose and treat infections in the mother or baby.
B. Erb’s Palsy
Erb’s palsy is a type of nerve injury that can occur during childbirth and is often the result of excessive pulling or stretching of the baby’s head and shoulders during a difficult delivery. Medical negligence that can contribute to Erb’s palsy includes the improper use of delivery tools such as forceps or vacuum extractors, applying excessive force during delivery, or failing to order a timely c-section when necessary. In some cases, the baby’s size or position can also contribute to the risk of Erb’s palsy.
C. caput succedaneum
Caput succedaneum is a type of birth injury that occurs when there is swelling and fluid accumulation on the baby’s scalp, usually as a result of prolonged labor or a difficult delivery. Medical negligence or mistakes made during childbirth, such as failing to properly monitor labor progress, may be the cause of this condition. Certain factors like vacuum-assisted deliveries, fetal macrosomia (a large baby), and a prolonged first stage of labor may also increase the risk of Caput succedaneum.
D. Facial Paralysis
Medical malpractice or mistakes made during childbirth, such as the improper use of tools, which can put pressure on the baby’s face and cause nerve damage and paralysis, can result in facial paralysis in newborns. Additionally, if the baby’s head is not properly supported during delivery, it can also cause facial nerve injuries and paralysis. In some cases, fetal macrosomia or a prolonged second stage of labor can increase the risk of facial paralysis due to nerve compression.
Fractures and dislocations
Medical errors made during labor and delivery can result in fractures and dislocations in a newborn baby. For example, if excessive force is used during delivery or if the baby’s position is not properly managed, it can cause fractures or dislocations of the collarbone, arm, or shoulder. Medical negligence, such as failure to detect a breech presentation or not ordering a necessary c-section, and shoulder dystocia can also increase the risk of fractures and dislocations during delivery.
F. Cephalohematoma
A cephalohematoma is a type of birth injury that occurs due to bleeding between the skull and the outermost layer of skin on the baby’s head. Cephalohematoma can result from medical negligence or mistakes made during childbirth, such as improper use of delivery tools like forceps or vacuum extractors, excessive pressure, or pulling on the baby’s head during delivery. In some cases, cephalohematoma may also develop due to an undiagnosed clotting disorder, a traumatic delivery caused by prolonged labor, or the breech position of the baby.
G. Hypoxic Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that can occur during birth when there is a lack of oxygen in the baby’s brain. Medical negligence or errors during childbirth, such as delayed delivery, improper monitoring, or improper use of medication, can contribute to HIE. Some examples of negligence that can cause HIE include failing to monitor the fetal heart rate properly, improperly using delivery tools, delaying a necessary c-section, or failing to diagnose and treat a maternal infection.
IV. The Process of a Birth Injury Lawsuit
Families with children who have experienced birth injuries as a result of medical malpractice have the option of filing a birth injury claim. To do so, it’s important to hire a birth injury lawyer who specializes in birth injury cases similar to children’s. The process of a birth injury lawsuit typically involves several stages, including researching the case, negotiating with the insurance company, discovery, trial, and appeal. If a settlement cannot be reached, then a lawsuit may be necessary. The goal of filing a birth injury claim is for the family to recover through a birth injury settlement or verdict.
A. Filing a complaint
If you feel that you or a loved one has been a victim of a birth injury, it is important to take action. One way to do this is to file a complaint. You can work with a lawyer to help you through the process. Contacting a birth injury lawyer is important to ensure that you get the best possible outcome. A lawyer will work with you to gather the necessary evidence and build a solid case. A birth injury lawyer can help in many ways, especially since they have experience with birth injuries. They specialize in birth injuries and can help you file a medical malpractice lawsuit if necessary. Don’t hesitate; take action and file your birth injury complaint.
B. Discovery process
The discovery process is an essential component of birth injury litigation. Different types of cases do arise, and each case has its own unique set of facts and circumstances. The discovery process helps to gather relevant information and evidence and aids in proving liability in a birth injury case. Each case of birth injury is distinct, with its own set of circumstances and facts. Discovery can assist in retrieving relevant evidence and information, thus proving fault in birth injury cases.
C. Settlement negotiation
If you have suffered a brain injury due to medical malpractice or negligence, you may want to consider settlement negotiations with the help of a personal injury attorney. If you require legal assistance, it is important to work with the right lawyer for your case. If you are looking for a lawyer who specializes in birth injury claims, there are many birth injury lawyers to choose from. However, not all birth injury lawyers work the same way, and it is important to choose someone who has experience handling cases similar to yours. Be sure to research your options and find a lawyer who is a good match for your needs.
D. Common evidence
When a birth injury case arises, there are certain types of evidence that are commonly seen. A medical malpractice lawyer will typically be the first person a client works with to determine whether the birth injury was preventable and whether a healthcare provider’s negligence was to blame. Birth injury lawyers also look closely at the birth injury diagnosis, which can include a wide range of injuries ranging from minor to catastrophic.
Perhaps the most common type of birth injury is an injury to the brain, which can lead to long-term medical issues and the need for ongoing medical treatment. Top birth injury attorneys will often investigate how the child’s injury could have been prevented and who is responsible for the harm caused. In order to build a strong case, they may use medical records, expert opinions, eyewitness statements, and other evidence to establish negligence, fault, and liability.
E. Trial
The trial in a birth injury case is crucial to seeking justice for children who have suffered preventable birth injuries. At our birth injury law firm, we encourage anyone who has experienced such trauma to contact us for a free consultation so that we can help them fight for their rights and secure fair compensation for their losses.
V. Statute of Limitations
If your child suffered a birth injury due to medical negligence in Missouri, you may be able to file a lawsuit against the responsible parties. However, you need to be aware of the time limits that apply to your case. Generally, the statute of limitations is two years from the date the negligence occurred. In birth injury cases, this can be early or late in the pregnancy. The statue can be seen before birth. However, the claim belongs to the child, and in Missouri, because the child can not contract on their own, the statute of limitations is tolled (paused) during the age of minority.
Therefore, if it has already been beyond two years, don’t worry; it is not too late to consult a lawyer. If there is wrongful death, the statute of limitations is three years from the date of death. In 100% of our cases, our families have come to us within the first year of the baby’s life. We like to start right away because evidence can be lost and memories fade. Earlier is always better in the work it takes to litigate a birth injury case.
A. Proving injury at birth
To prove that your child suffered an injury at birth due to medical negligence, you need to show that the medical professionals involved breached the standard of care that they owed to you and your child and that this breach caused or contributed to your child’s injury. You may need to provide evidence such as medical records, expert testimony, and witness statements to support your claim.
VI. Compensation for Birth Injuries
How much is my case worth? Past and future medical care are generally the largest categories of damages in birth injury cases. Because the verdict must be for a lifetime of care, the figure for future medical care alone can exceed $10,000,000.
Compensation for birth injuries is a crucial aspect of ensuring justice for families who have experienced harm during childbirth. Birth injuries can have long-lasting effects on both the child and the parents, necessitating financial compensation to cover various categories of damages. In this context, several types of damages are considered, including medical expenses incurred, emotional distress, and future care and treatments.
Understanding these categories of damages is essential for effectively advocating for the rights of families affected by birth injuries and securing appropriate compensation.
A. Categories of damages
- Economic damages: These include the quantifiable financial losses incurred as a result of the birth injury, such as medical expenses, loss of income, and other related costs.
- Non-economic damages: These refer to the intangible losses suffered by the parents and child, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (loss of companionship and support).
Damages for medical expenses incurred
Compensation may be awarded to cover the medical expenses incurred as a direct result of the birth injury. This includes hospital bills, surgeries, medications, rehabilitation, therapy, assistive devices, and any ongoing medical treatments necessary for the child’s care and recovery.
Damages for emotional distress
Birth injuries can cause significant emotional distress for both the parents and the child. Compensation may be provided to address the psychological impact, including anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues resulting from the birth injury.
D. Damages for future care and treatments
Birth injuries often require long-term care and treatment. Compensation may be awarded to cover the costs of future medical care, including regular check-ups, specialized treatments, therapy sessions, assistive devices, and necessary modifications to the home or vehicle to accommodate the child’s needs.
E. How long will my case take?
In most cases, it takes several years before our cases resolve. The complexity of the case will dictate how long it will take. The more experts, the longer a case can take. The more defendants involved (i.e., doctor, nurse, hospital, and specialist), the longer it can take.
F. How much will it cost?
At Wolfgram Law, we will never ask you for money. Our fees and expenses are paid at the end of the case and only if you win. We spend more on birth injury cases than any other type of case we handle. Experts are expensive, and you often need more than one to handle your case. Expenses can easily exceed $100,000, and sometimes multiples of this number.
G. What if we lose?
If you try too many cases, you will lose some. It happens. In fact, the odds are against us. There is a larger percentage of defense verdicts in medical malpractice cases than in any other personal injury case. Why? The cases are complex, and some jurors have trouble holding doctors responsible for their mistakes. Medical malpractice defense lawyers are some of the best in the industry. Doctors, hospitals, and their insurance companies have deep pockets and fight hard in every case. This is why you want an experienced lawyer for your case—one that has the knowledge, skill, and experience necessary for these complex cases.
VII. Choosing a Birth Injury Lawyer
A. Qualities of a Good Birth Injury Lawyer
- Experience with birth injury lawsuits: Look for a lawyer who has handled other birth injury cases, particularly those similar to your situation. Their experience will enable them to navigate the complexities of these cases and understand the unique legal challenges involved.
- Specialization in birth injury claims: A lawyer who specializes in birth injury law will have in-depth knowledge and expertise in this specific area, including understanding the relevant medical standards and legal precedents.
- Track record of success: Research the attorney’s track record and assess their ability to secure favorable outcomes for their clients in birth injury cases. This can provide insights into their competence and effectiveness in representing your interests.
- Compassion and understanding: Dealing with birth injuries can be emotionally challenging, and having a lawyer who is empathetic, supportive, and understands the impact of the injury on your family can make a significant difference in your overall experience.
B. How to pick the right attorney
- Conduct thorough research. Take the time to research and compare different birth injury lawyers. Look for reviews, testimonials, and case results to gain a better understanding of their reputation and capabilities.
- Seek recommendations: Reach out to trusted friends, family members, or medical professionals who may have experience with birth injury cases or who can recommend reliable attorneys in this field.
- Schedule consultations: Arrange consultations with potential lawyers to discuss your case, assess their expertise, and gauge their communication style and compatibility with you and your family.
C. Importance of legal representation
- Understanding the legal complexities: Birth injury cases involve intricate medical and legal issues. A birth injury lawyer can help you navigate the complex legal landscape, gather relevant evidence, and build a strong case on your behalf.
- Maximizing compensation: Birth injuries often lead to substantial medical expenses, ongoing care needs, and emotional suffering. A skilled birth injury attorney will work diligently to ensure you receive fair compensation to cover current and future expenses related to the injury.
- Holding negligent parties accountable: In situations where medical negligence or errors result in birth injuries, a birth injury lawyer can assist you in seeking justice by holding responsible parties accountable for their actions or omissions.
- Accessing additional resources: A birth injury attorney may have connections with medical experts, specialists, and support networks who can provide valuable insights, assistance, and resources to support your child’s recovery and well-being.
VIII. Conclusion
In conclusion, when faced with a birth injury case, it is essential to hire a knowledgeable and compassionate birth injury lawyer who can provide effective legal representation. Their expertise, experience, and dedication will help you navigate the legal process, seek justice for your child’s injury, and obtain the compensation needed to support their recovery and future well-being. Contact our highly skilled birth injury team at Wolfgram & Associates today for a complimentary consultation.
With their extensive expertise in the field, rest assured that they possess an intricate understanding of birth injuries and are committed to ensuring you receive the justice and rightful compensation you deserve.
