When a joyous occasion like childbirth is marred by an injury, the repercussions can be both emotionally and physically daunting. Understanding and navigating the legal landscape of birth injury claims are crucial for families seeking justice and compensation. As experienced personal injury attorneys, we are dedicated to supporting families during these challenging times. Birth injuries can range from minor to severe, but no matter the degree, each case deserves attention and care.
Our firm focuses on providing compassionate yet robust legal representation for families affected by birth injuries. Birth injury claims involve complex medical and legal evaluations, and it’s vital to have seasoned professionals on your side. By guiding you through the legal process, ensuring documentation is thorough, and advocating fiercely on your behalf, we help mitigate the stress during this trying period. Our goal is not only to secure the compensation you deserve but also to facilitate a smoother path to healing and adjustment for your family.
Understanding Birth Injury Claims: What Are They?
Birth injury claims arise when a newborn suffers physical harm due to negligence or misconduct during the labor and delivery process. These claims are a subset of medical malpractice, focusing specifically on injuries that occur at or near the time of birth. In legal terms, if the standard of care expected of medical professionals is not met, and this failure directly causes harm to the child or the mother, there may be grounds for a birth injury claim.
We understand the intricacies involved in demonstrating that negligence occurred during childbirth. This requires a detailed investigation into medical records, the protocols followed during delivery, and expert testimony about what could and should have been done differently. Our role includes not only proving negligence but also linking that negligence directly to the injuries sustained. This can be complex, given the high stakes and detailed medical knowledge required.
Key Types of Birth Injuries We Handle
Over our years of practice, we have seen a variety of birth injuries varying in severity from minor bruising to more severe, life-altering conditions. Here are some common types of birth injuries that our firm is experienced in handling:
1. Brachial Plexus Injuries (Erb’s Palsy): These occur when the bundle of nerves around the shoulder (brachial plexus) is damaged during delivery, often resulting in weakness or loss of movement in the infant’s arm.
2. Cerebral Palsy: Often resulting from a lack of oxygen to the brain during labor or delivery, cerebral palsy can affect body movement, muscle control, muscle coordination, muscle tone, reflex, posture, and balance.
3. Fractures: During a difficult birth, bones such as the clavicle or collarbone may break. These injuries often heal, but they can be painful and may require further medical intervention.
4. Perinatal Asphyxia: This condition occurs when the baby does not receive enough oxygen before, during, or just after birth, potentially leading to a host of complications, including brain damage.
5. Intracranial Hemorrhage: This is bleeding under the skull that can occur due to trauma during delivery.
Handling these cases requires a deep understanding of both the medical aspects of these injuries and the legal standards that apply to proving fault in medical malpractice cases. Our approach involves collaborating with medical experts to determine the cause of the injury and its consequences on the child’s life. By doing so, we ensure that every family we represent receives knowledgeable and empathetic legal counsel aimed at securing the justice they deserve.
Steps to Take if You Suspect a Birth Injury
If you suspect that your child has suffered a birth injury, acting swiftly can be critical for both medical and legal reasons. First and foremost, ensure your child receives the necessary medical evaluation and care. A thorough medical assessment can provide crucial documentation of the injury, which is essential for any future legal action.
Next, we recommend keeping detailed records of all medical appointments, diagnoses, treatments, and conversations with healthcare providers. Documenting everything can help establish a timeline that may prove vital in demonstrating negligence. It’s also beneficial to jot down observations about your child’s symptoms or difficulties, as these personal notes can sometimes offer insights that medical records may not capture.
How Our Legal Support Makes a Difference in Birth Injury Cases
Our experience in handling birth injury cases allows us to make a significant difference for the families we represent. We start by thoroughly reviewing all medical documents and consulting with medical experts to determine whether the injury was indeed preventable. Our network includes some of the most qualified healthcare professionals who specialize in maternal and child health, ensuring that our evaluations are based on knowledgeable and current medical practices.
Moreover, we navigate the legal complexities so you can focus on your family’s needs. Our attorneys handle every aspect of the legal process, from filing claims and handling paperwork to negotiating settlements or pursuing litigation if necessary. We strive to communicate clearly and regularly, keeping you informed and involved in every decision.
Conclusion
Understanding and addressing a birth injury can be an overwhelming experience, and we are here to help guide and support families facing such challenging circumstances. At our firm, we combine our in-depth legal and medical knowledge with a compassionate approach, ensuring that you not only receive professional representation but also feel supported throughout the process.
If your child has been affected by a birth injury, please don’t hesitate to reach out for a consultation. Let The Law Office of Ben Evan’s accident and injury lawyers support you in navigating these difficult waters, ensuring that your rights and your child’s future are well-protected. We can work towards securing the compensation and justice your family deserves. Remember, you are not alone in this journey.