If your child suffered a birth injury in Tempe, Arizona, you might be able to bring a birth injury claim against the liable party. You could be compensated for your child’s medical expenses, pain and suffering, and other damages. A Tempe brain damage birth injury lawyer from the Birth Injury Lawyers Group can look at the circumstances of your child’s brain damage and determine if medical negligence is to blame.
Our team can help you develop a powerful claim and fight for the compensation you deserve. We take cases on a contingency-fee-basis. You pay nothing unless we successfully secure a settlement or award for you. Call the Birth Injury Lawyers Group at (800) 222-9529 for a free case assessment.
Damages You Can Seek in a Brain Damage Birth Injury Claim
A birth injury claim can hold a negligent doctor or another healthcare provider accountable for a baby’s injury or death. It can also help the victim and victim’s family recover compensation for their damages. Damages are the losses—both financial and non-financial—that you suffered due to the birth injury.
Your baby may need extensive medical treatment because of the brain damage. Compensation for past medical expenses and future medical care may be available in a birth injury claim. You could also be compensated for assistive devices, medical equipment, and modifications needed to your home to make it accessible.
Medical expenses that may be recoverable in a brain damage injury claim include:
- Hospital bills
- Doctor’s appointments
- Rehabilitative care
- Physical therapy
- Imaging tests such as a CT scan
- Special education programs
- Speech therapy
- Psychological treatment
- Wheelchairs, walkers, and other medical devices
- Assistive technology
- Glasses and hearing aids
- Wheelchair lifts and ramps
- Modifications to your vehicle and home
The financial impact of a serious birth injury like brain damage is not only caused by medical expenses. You may have needed to miss work or even quit your career to stay home with your child. Compensation for lost income from missed work may be available.
Pain and suffering and other non-economic damages may be recoverable in a birth injury claim. You and your child could receive compensation for:
- Emotional distress
- Physical pain
- Mental anguish
- Loss of enjoyment of life
Elements of a Successful Medical Malpractice Claim for Infant Brain Damage
Countless issues can cause brain damage. Sometimes, unavoidable factors such as a genetic defect or medical complication cause brain damage. However, brain damage may also be the result of medical negligence during the mother’s pregnancy or the baby’s birth.
A birth injury claim is a type of medical malpractice claim used to hold a negligent medical provider responsible and seek damages. Medical negligence occurs when a medical professional diverges from the “medical standard of care,” which is defined as the level and type of care another reasonably competent medical professional would have provided in the same or similar circumstances. A successful medical malpractice claim is possible when the plaintiff, meaning the party bringing the claim, can demonstrate that:
- The doctor or other medical professional violated the medical standard of care.
- This breach of duty led to the patient’s injury or death.
- The patient or their loved ones sustained damages as a result of the injury or death.
Call the Birth Injury Lawyers Group at (800) 222-9529 for a free case evaluation.
Examples of Medical Negligence that Can Cause Brain Damage
Doctors, nurses, and other medical professionals have an extremely important responsibility. A solitary mistake or oversight can leave a baby with permanent disabilities.
Inadequate medical care does not always cause brain damage during birth. However, a baby suffers avoidable brain damage many times because of a medical professional’s negligent conduct.
Brain damage during birth may be caused by:
- Misuse of vacuum extraction or forceps during delivery
- Use of excessive force during delivery
- Delaying a necessary c-section
- Proceeding with vaginal birth when a c-section would have been safer
- Misuse of labor-inducing medications
- Failure to address umbilical cord issues such as the umbilical cord being wrapped around the infant’s neck
- Failure to adequately address shoulder dystocia
- Failure to adequately address problems with the placenta such as placental abruption
- Untreated infant jaundice (kernicterus)
- Failure to screen the mother or fetus for infections and properly treat them
- Medication errors such as administering too much or too little
- Surgical mistakes during a c-section
- Failure to account for maternal risk factors like preeclampsia
How a Tempe Brain Damage Birth Injury Lawyer Can Help
A Tempe brain damage birth injury lawyer from the Birth Injury Lawyers Group can help you determine if your baby’s brain damage was caused by negligent medical care during birth. Our team of attorneys is dedicated to providing thorough legal guidance and representation during your birth injury case.
Our team can:
- Ensure your rights are protected
- Investigate the cause of your baby’s brain damage
- Determine the liable party or parties in your case
- Gather evidence such as medical records and eyewitness statements and use this evidence to make your case even stronger
- Consult with medical experts who can attest to the liable party’s negligence
- Identify all of your recoverable damages
- Represent you during settlement negotiations with the insurance company or other parties
- Avoid lowball settlement offers and fight for compensation to cover your past and future damages
- Take your case to court and represent you during trial
- Keep you fully informed of any updates or changes to your case
- Handle communications and paperwork on your behalf
Statute of Limitations for Medical Malpractice Claims in Arizona
You must file your claim before the statute of limitations is up. According to Ariz. Rev. Stat. Ann. §12-542, the statute of limitations for birth injury claims is generally two years. However, certain circumstances can change the statute of limitations. A Tempe brain damage birth injury lawyer can explain your rights and help you bring a solid claim for damages.
Call Today for a Free Consultation
Call the Birth Injury Lawyers Group at (800) 222-9529 for a free consultation today. We take cases on a contingency-fee-basis. You do not pay a fee unless we can get compensation for you.