Medical bills and long-term expenses related to caring for children who suffer birth injuries can reach up to $1 million, depending on the severity of the child’s condition. This is an unbelievable burden during an already stressful and emotional time, and parents should not have to shoulder that load themselves.
Instead, a birth injury attorney in Alaska can help you get compensation from the hospital or person responsible for your child’s condition. At the Birth Injury Lawyers Group, we have experience connecting clients like you with attorneys for Erb’s palsy, cerebral palsy, brain bleeds, and other conditions.
Contact us today for a free legal consultation with a birth injury attorney.
Causes and Risk Factors for Birth Injuries
Birth injuries can occur for various reasons, including medical negligence and errors made by healthcare providers during labor and delivery. When medical professionals fail to provide the required standard of care during childbirth, they can cause serious and often irreversible harm to the baby.
Improper Instrument Use
One common cause of birth injuries is the improper use of medical instruments, such as forceps or vacuum extractors.
If a healthcare provider uses excessive force, uses improper techniques, or fails to monitor the baby’s oxygen levels, it can result in conditions such as cerebral palsy, Erb’s palsy, brain hemorrhage, and other traumatic injuries.
Failure to Diagnose a Condition
Moreover, healthcare providers can be liable for birth injuries if they fail to promptly and appropriately diagnose or treat medical conditions, such as infections or pre-eclampsia. This failure can cause serious harm to both the mother and the baby.
Inadequate Monitoring
In addition, healthcare providers can cause devastating damage if they fail to monitor the baby’s condition during labor and delivery. The failure to identify fetal distress or other warning signs can delay necessary medical interventions, such as an emergency C-section. These delays can result in severe birth injuries or even death.
During childbirth, healthcare providers are responsible for giving care that meets the needs of both the mother and the baby. When they fail to uphold this duty, they can be held responsible for any damage resulting from their negligence.
If your baby suffered harm from a healthcare provider’s negligence, you should speak with an experienced medical malpractice lawyer. A qualified attorney could evaluate your case and help you pursue maximum compensation.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Proving a Birth Injury Case
Birth injury lawsuits are a type of medical malpractice claim, which means they require more evidence than other personal injury claims. You or your attorney will need to establish the following elements:
- Your physician owed you a duty of care.
- That duty of care was breached (i.e., medical staff broke from accepted medical standards).
- The breach caused harm to you or your child.
- You and your family have suffered damages because of this injury.
It’s important to have an attorney on your side who has experience with this kind of case. You will likely be up against a medical care provider and an insurance company with exponentially more resources than you and your family, so hiring an experienced lawyer can help even the scales.
Alaska Birth Injury Lawyer Near Me 1-800-222-9529
When to File Your Alaska Medical Malpractice Claim
When you consult with one of our personal injury lawyers, they will help you understand how the law applies to your situation. In general, Alaska sets the statute of limitations for medical malpractice claims at two years from the incident date.
However, there are exceptions. For example, your child will have ten years to file a claim against the parties responsible for their injuries, starting on their eighth birthday. This is per Alaska Statute § 09.10.140.
An experienced attorney can guide you through the legal process and help you meet all applicable deadlines in your case.
"We know first-hand what you are going through."
Damages and Financial Compensation in Alaska Medical Malpractice Cases
Whether through direct actions, missed diagnoses, or breaches of the standard of care, the at-fault parties caused you damages. As such, they should compensate you and your family.
In general, you can receive monetary compensation for two kinds of damages: economic harm and non-economic harm.
Economic Harms
The first category includes the damages you and your child suffer that have quantifiable dollar amounts. Typical examples of economic harm include:
- The cost of medical care for your child.
- Wages lost due to caring for your child.
- Your child’s lost earning potential due to a permanent disability.
- The cost of any necessary medical equipment or treatments.
Non-Economic Harms
Non-economic damages are more difficult to quantify. However, they include the profound ways your child’s injury impacts you and your family. These kinds of harm can include:
- Your child’s pain and suffering.
- The impact of severe disfigurement.
- Loss of quality of life.
- Loss of enjoyment in life.
- The emotional toll of your child’s condition on your family.
State law limits the amount that can be awarded for non-economic damages under Alaska Statute § 09.17.010. Usually, you can receive the higher of either $400,000 or your child’s life expectancy multiplied by $8,000.
However, if your child is permanently and severely disfigured or disabled, they may be able to get as much as either $1 million or your child’s life expectancy multiplied by $25,000.
A qualified Alaska medical malpractice lawyer can help you catalog your family’s damages and give you a clear picture of what fair compensation may look like in your case.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Get in Touch With an Alaska Birth Injury Lawyer
Birth Injury Lawyers Group was founded by personal injury attorney Robert Goldwater, whose triplets were injured at birth. He is passionate about helping clients in situations like yours and is committed to finding the legal help you need for your Alaska medical malpractice case.
We understand the heartache a birth injury can bring, and our attorneys have the resources, experience, and knowledge to help you get fair compensation. Our mission is to help you and your child obtain the money you need for the best outcome going forward.
Contact us today to speak with an experienced birth injury lawyer.
"We are committed to helping families who have suffered medical negligence."