Mistakes made before, during, and shortly after childbirth can have devastating consequences for a baby. When a preventable birth injury results from the negligence of a medical professional, the at-fault individual or hospital can be held liable for the damages caused.
If your child has suffered a life-altering birth injury as a result of medical negligence, an experienced Nebraska birth injury lawyer can help you fight for justice and collect compensation all on a contingency-fee basis.
For a free legal consultation, call 1-800-222-9529
Medical Errors That Cause Birth Injuries
The most common cause of a birth injury is medical malpractice, which can occur at any time during pregnancy, labor, or delivery.
The following instances of negligent care by a doctor or nurse can cause birth injuries:
- Misreading electronic fetal monitor strips
- Failure to properly monitor a high-risk pregnancy
- Administering the wrong medication or the incorrect amount
- Misreading sonograms
- Improperly using vacuum extractors or forceps
- Failure to provide genetic counseling when indicated by family history or testing
- Mishandling the infant during delivery
- Not following the accepted standard of care when inducing labor
- Delay or failure to perform a c-section for the life or health of mother or child
Many birth injuries are attributed to more individuals than just the doctor or nurse. Medical mistakes by anesthesiologists, nurse anesthetists, or others make the hospital liable for the errors of its employees and its own lack of safeguards.
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File Your Nebraska Birth Injury Claim Before It’s Too Late
State laws also impose time limits for filing personal injury lawsuits. This is called the statute of limitations, or the deadline by which a personal injury claim must be filed after an accident occurs.
According to Nebraska Revised Statute §44-2828, the statute of limitations for medical malpractice claims are 2 years from the date you discovered, or could have reasonably discovered, the injury. Be sure to consult with a Nebraska birth injury attorney right away to make sure that you are still eligible to file a claim.
How Much Can You Recover in a Birth Injury Claim?
How much your Nebraska birth injury lawyer can recover will depend on the specifics of your claim. As a victim of birth injury, you may be entitled to receive compensation for the following:
- Medical expenses (ambulance, hospital, physician, rehabilitation, equipment)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Hospital bills
For example, if your child was diagnosed with birth asphyxia, you may recover the cost of medical treatments, surgeries, and any hospital bills. Furthermore, you may also claim pain and suffering for the physical and emotional distress endured by your child and your family.
There is a cap on damages in Nebraska for medical malpractice cases. The cap is currently $2.25 million for the total amount of damages, both economic and non-economic, under Nebraska Revised Statute §44-2825.
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Common Types of Birth Injuries Worth Filing a Lawsuit Over
Birth injuries can vary in severity and may affect your family’s whole life. Some disabilities that can be caused by birth injuries worth filing a lawsuit over include:
- Shoulder dystocia
- Broken bones
- Cerebral palsy
- Erb’s palsy
- Cranial and spinal cord damage
If you believe your child might have a birth injury, seek immediate medical and legal advice. However, sometimes these signs are immediately apparent. For example, cerebral palsy symptoms may manifest immediately or take years to show.
Proving Medical Negligence in a Birth Injury Claim
In medical negligence cases, a birth injury lawyer as well as the injured victim must prove the following four elements to show that the defendant acted negligently:
- Duty of care – The medical professional owed a legal duty to the plaintiff to provide him or her with competent medical care.
- Breach of duty – The defendant breached that duty of care by acting or failing to act.
- Causation – It was the defendant’s actions, or inaction, that actually caused the plaintiff’s injury.
- Damages – The plaintiff was injured as a direct result of the other party’s actions.
Experienced Legal Representation for Your Birth Injury Case
If a mother or child was the victim of a tragic and avoidable injury during pregnancy, labor or delivery because of another individual’s negligence in Nebraska, contact Birth Injury Lawyer Group.
We have years of experience helping families recover from their losses and collect compensation. Get started today with a free consultation. We only charge a fee for our services if we are able to achieve a recovery to help you with your injury or loss.