Mothers entrust their and their unborn children’s well-being to their doctors and medical staff. However, the resulting injuries can be catastrophic when these caregivers prove negligent or incapable.
If your child has birth injuries from medical malpractice or a lack of care by hospital staff, you may be able to bring your case to the courts. A Phoenix birth injury attorney can help you seek compensation for your family’s losses.
Find out more about your legal options by calling or filling out our online contact form.
For a free legal consultation, call 1-800-222-9529
What Compensation Is Available for Phoenix Birth Injuries?
A Phoenix birth injury lawyer can help you seek funds for all the losses associated with an accident during your child’s birth or delivery. Our team focuses on bringing clients damages to cover:
Your Child’s Medical Expenses
Birth injuries often require extensive medical treatment. Depending on the type of injury sustained by your child, they may require care for the rest of their lives. A lawyer can help you seek funds to cover emergency care, medications, future surgeries, and more.
Your Child’s Pain and Suffering
Birth injuries can lead to conditions like cerebral palsy, often leaving children with physical pain throughout their lives. They may also experience mental anguish and suffering due to their injuries.
Your birth injury attorney in Phoenix can track these losses, helping your family seek compensation to address them.
Your Lost Wages
Your child may require constant care and medical support following a birth injury. Many parents become full-time caretakers for their children in this situation, preventing them from returning to work after the birth.
We consider the wages you lost when building your birth injury claim in Phoenix.
Punitive Damages
In some cases, the court can also award you punitive damages. However, legally, you only receive punitive damages when medical malpractice directly results from the medical staff’s intentional behavior or reckless actions.
These damages act as a way to penalize the individual who caused your child’s injury.
Birth Injury Lawyer Near Me 1-800-222-9529
How Much Compensation do You Get for a Birth Injury Claim?
The amount of compensation available to your family varies. In many cases, your final financial payment depends on the severity of your child’s injuries. Medical mistakes during childbirth can result in a wide range of conditions, including:
- Brain damage
- Shoulder dystocia
- Cerebral palsy
- Issues with the respiratory system
The above list contains only examples of birth injuries we see in Phoenix, AZ. Additionally, these injuries can all vary in severity, with some children experiencing mild symptoms related to their injuries and others dealing with disabling effects.
We’ll consider the specific losses your family faced when handling your claim, focusing on building a claim to bring you funds to recover economically.
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Does Your Family Qualify for a Birth Injury Claim in Phoenix?
Birth injuries happen for many reasons in Phoenix, AZ. In some cases, genetic factors contribute to the injuries or can occur due to an unpredictable accident. You may not have a legal chance to secure compensation in these situations.
However, your family may qualify to file a birth injury claim if a medical professional directly caused your child’s injuries through an act of medical malpractice. Doctors, nurses, and other birthing specialists can all make dangerous mistakes during labor and delivery.
For example, medical professionals may cause birth injuries if they fail to:
- Accurately read fetal vital signs
- Carry out a C-section if needed during labor
- Use birth-assisting equipment correctly
- Carefully deliver the baby (for example, pulling the baby’s arm too hard)
Your Phoenix birth injury attorney can assess the facts around your child’s birth to determine if you have a legal claim.
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How Can a Birth Injury Lawyer in Phoenix, AZ, Help Your Family?
Our team understands the financial and emotional strain you may feel after a birth injury in Phoenix. We step in to assist with every aspect of your claim, working to:
Establish Liability for the Birth Injury
In such cases, a lawyer needs to find fault within the pregnancy or childbirth process. You can bring a medical malpractice charge against any healthcare provider; however, the proof must be evident to press charges.
In order to find liability, your Phoenix birth injury lawyer can prove the following elements:
- The medical provider or health care facility failed to provide the basic duty of care that they owe to patients
- The breach of this duty of care directly caused the birth injury
These cases revolve almost entirely around what the healthcare provider should have done within specific circumstances or the medical standard of care. We establish liability by investigating the actions taken during childbirth.
Our team can question witnesses, and we work with medical experts to determine what actions medical professionals should have taken during your child’s birth.
Track All Your Family’s Losses
We understand that you need to care for your child’s health and your family’s emotional needs after a birth injury. That’s why we step in to track any expenses associated with your case, collecting documents to strengthen your claim.
Handle the Hospital, Insurance Agents, and Lawyers
Your Phoenix birth injury attorney can help you navigate the complicated legal process of seeking compensation. We take care of legal communication and advise you about what information to share with insurance agents and lawyers representing the hospital.
Discuss Methods to Resolve Your Claim
A birth injury attorney in Phoenix, AZ, can review the options available to your family following an accident during delivery. In many cases, hospitals and doctors are willing to settle, providing you with compensation without going to court.
However, we may recommend that you file a lawsuit to secure funds for your family in some situations.
How Long do You Have to File a Birth Injury Claim in Phoenix?
It’s important to note that in Arizona, the statute of limitations is something you must keep in mind. For a medical malpractice lawsuit such as this, you must file a claim within two years of the injury’s discovery date, per Ariz. Rev. Stat. § 12-542(1).
Your Phoenix birth injury attorney can track this deadline on your behalf. We file all documents in a timely fashion and keep you up-to-date on our progress as we address your legal concerns.
Note that while you may have two years to move forward with your case, legal professionals generally recommend securing help as soon as you learn of an injury. Getting legal support immediately can allow your lawyer to gather evidence quickly, strengthening your claim.
How Long do Birth Injury Claims Take to Resolve in Phoenix?
The time it takes to resolve a birth injury case in Phoenix, AZ, can vary. Your lawyer may need to ascertain the full extent of your child’s injuries before resolving a claim to ensure that the liable party covers all your family’s losses.
Additionally, insurance agents and medical professionals may try to delay the resolution of the claim to avoid covering their mistakes. In some cases, cases resolve in a few months, but they may take several years.
Your birth injury lawyer in Phoenix will stand by you throughout the entirety of your claim.
What do Phoenix Birth Injury Lawyers Charge?
Birth injury lawyers in Phoenix, AZ, take on claims based on a contingency system, only charging legal fees once they resolve your claim. This system allows you to seek legal assistance without worrying about cutting into the funds you need to care for your child.
Speak to Us About Your Birth Injury Claim in Phoenix, AZ
You are not alone if your child experiences an injury during labor and delivery. A Phoenix birth injury attorney can help in this situation, working to bring you total compensation for your losses and providing you with compassionate advice regarding your legal case.
If you have questions or concerns about your child’s birth injuries and wish to move forward with filing a lawsuit, contact us today. We offer free consultations so that you can discuss your case with our support.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form