When something goes wrong during childbirth, it can be painful and scary, not to mention expensive. Cerebral palsy, Erb’s palsy, and other conditions can mean costly medical treatments. Your child’s birth injury may have been caused by medical negligence.
Medical negligence gives you the right to pursue compensation for injuries sustained at childbirth. A South Dakota birth injury attorney from our group can help you navigate a medical malpractice case. We have years of experience serving victims in South Dakota.
Common Causes of Birth Injuries
Any number of things can go wrong during the birthing process, from a simple medical error to a major breach of duty. While some birth injuries can be the result of a random accident, birth injuries are often tied to malpractice. Common causes of birth injuries can include:
- Oxygen deprivation
- Lack of blood flow to the brain
- Umbilical cord compression
- Forceful removal from the birth canal
- Failure to diagnose a serious infection
- Failure to call for a necessary cesarean section
- Misuse of medical equipment like forceps or vacuum extractors
If your child suffered any of these, they may be the victim of malpractice. A birth injury lawyer in South Dakota can help investigate your case to figure out if you are eligible for compensation
Was My Child’s Birth Injury Caused by Malpractice?
According to the National Center for Biotechnology Information (NCBI), four things must be true for your medical malpractice claim:
- Your caregiver owed you a certain professional duty
- Your caregiver breached that duty. This is known as negligence
- That breach caused an injury
- The injury caused specific economic or non-economic damages
Without proving all four of these prerequisites, you won’t be able to bring forward a malpractice claim. You will also need to be able to show what damages your child’s injury caused.
What Damages Are Available in a Birth Injury Case?
When you receive compensation for a birth injury, it can cover both economic damages, which are financial losses you have received, and non-economic damages, which are for the mental and physical pain that the injury caused. Damages you can recover with the lep of a South Dakota birth injury attorney can include:
- Medical expenses
- Payment for accessible housing and vehicles
- The price of special equipment like wheelchairs
- Pain and suffering
- Mental anguish
- Wrongful death
In your initial consultation, one of our lawyers will ask you about the extent of your child’s injuries and what you’ve had to do for your child. Then they will give you some idea of what damages you might be able to recover in your lawsuit.
For a free legal consultation, call 1-800-222-9529
Should I Get a Lawyer for My Birth Injury Claim?
The short answer is that a lawyer can help in almost every aspect of your claim. Malpractice lawsuits can be complicated and hard to navigate, and having a skilled South Dakota birth injury attorney on your side means having experience in your corner.
Insurance companies and guilty parties will try to reduce the amount of compensation you get so they have to pay less. They will bully you and twist your words so that you accept a lower settlement than you’re owed. A skilled lawyer from our group knows what to say and do so that you don’t get tricked.
Birth Injury Lawyer Near Me 1-800-222-9529
What Can a Lawyer Do for My Malpractice Case?
When you get in touch with one of our experienced attorneys, they will assess your situation and tell you what damages you’re likely to recover, as well as what the next steps in your case should be. Once you decide to go ahead with your birth injury lawsuit, we will get to work immediately on trying to get you compensation. This will include:
Our birth injury lawyers in South Dakota know where to look to find evidence that your medical care was insufficient. Evidence that we will gather will include:
- Witness statements
- Medical records
- Medical expert testimony
- Video or photographic evidence
By showing that negligence was a factor in your child’s injury, we can significantly help your chances of receiving financial compensation.
Calculating Your Damages
When you seek compensation for malpractice, it’s important to know just how much you’re pursuing. One of our medical malpractice attorneys will look at your damages to calculate how much you’re owed. This includes expenses you’ve already paid, as well as those you’re likely to pay in the future.
Once we have a value, we’ll make sure that the insurance company doesn’t try to reduce your settlement or lowball you. You should get all of the compensation you deserve, not just what someone else wants to pay you.
Fighting for You in Court
While most claims are settled outside of court, there is a small chance that the other party refuses to agree on a settlement. If that happens, your malpractice lawsuit will go to trial.
One of our South Dakota birth injury attorneys will fight for you in court so that you don’t have to face a big insurance company alone. We work on a contingency-fee-basis, which means we don’t get paid until you get your compensation.
Talk to a South Dakota Birth Injury Attorney for Free
When your child has sustained an injury from birth, it can change the direction of their life and yours. Financial compensation can help you enter a new chapter, one where you don’t need to worry about where you are going to get the money for the next medical bill.
Contact our South Dakota birth injury lawyers today to get your free consultation. Our attorneys are on call 24/7 to help.