The spinal cord is the most important nerve in the body, and it’s incredibly fragile in children. Negligent doctors can injure the spinal cord during birth or fail to detect birth defects that could get better with treatment. Sometimes, doctors can even kill a child because of these injuries.
If your child has suffered a spinal cord injury and you feel a medical professional caused it, speak with the Birth Injury Lawyers Group. We’ll connect you to a spinal birth injury attorney in Gilbert, AZ, who will explain your legal options and seek justice for you and your child.
For a free legal consultation, call 1-800-222-9529
What Causes Infant Spinal Cord Damage?
To win a birth injury lawsuit, we have to show that the injury happened because of medical negligence. One way this happens is when a doctor pulls or twists an infant too hard or in the wrong way during birth. Forceps and vacuum extraction raise the risks of spinal injury.
Another way is if a caretaker drops a baby or lets it fall off a table after birth. It’s obvious that caretakers should prevent this from happening. All doctors and medical professionals have medical protocols they must follow. If they violate them, they open themselves to liability.
A bad medical decision, like a missed diagnosis or a wrong diagnosis, can create damage. Undetected spina bifida is an example. Sometimes, a failure to call for a cesarean section birth to avoid a risky vaginal birth could cause damage to the baby.
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What Damages Could I Receive?
If medical malpractice can be proven, there are several damages you can pursue for your care and the care of your child. These include:
- Medical care costs related to the injury
- Therapy and rehabilitation
- Medical gear to help your child’s disability
- Pain and suffering
- Lost wages because of caring for your child
- Other out-of-pocket expenses
Evidence must support all claims for damages. When you work with our birth injury attorneys, they’ll gather the evidence necessary to get you the most possible for your case. You deserve to get every penny you can. It’s likely your child will need every one.
In Arizona, there are no caps for medical malpractice damages. It’s actually in the state constitution! This means you don’t have to worry about the court taking away your money because of a limit in law.
Types of Spinal Cord Injuries
Doctors classify spinal cord injuries in several ways depending on how bad the damage is to the spinal cord. Complete injuries mean there is a complete severing of the cord. This means no nerve signals can pass to or from nerves below the injury. Incomplete injuries allow some signals.
If the injury is complete, this causes paralysis. This could be only in the legs or it could go all the way up into the arms and even the trunk of the body. They may even require a ventilator to stay alive. This is more likely if the break happens in the neck or upper back.
Incomplete injuries have their own issues. Your child’s nerves may send confusing or even painful signals. Tingling, burning, and sharp sensations can happen anytime and could be chronic. This causes immense pain and suffering.
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Testing for Spinal Birth Injuries
Nurses do a battery of tests on young infants soon after birth to check for problems. If they notice a baby is having trouble breathing or there is a strange response to touching the limbs, that’s a danger sign. The same goes for any loss of muscle function or strength.
If they suspect a spinal cord injury, medical imaging technologies like a CT scan or an MRI will discover it. This should be done in the hospital because a spinal cord injury can be fatal. If the nerves controlling the diaphragm get damaged or cut, the baby may not breathe.
These images will play a crucial role in your malpractice case because they will suggest a cause. To win your case, we have to prove that the injury caused would not have happened if your medical team took the proper steps.
Is There a Deadline for Filing a Spinal Birth Injury Case?
Arizona’s statute of limitations for medical injuries is two years, but the clock for children does not start until after their 18th birthday. There is also no statute of repose for medical injuries. However, speak with a birth injury lawyer in Gilbert as soon as possible after you notice an injury.
By starting early, your lawyer can take steps to preserve evidence and get witness testimony before it disappears or changes due to memory issues. Starting early also shortens the time between the injury and when you could receive compensation.
How do I Pay for a Birth Injury Lawyer?
We understand that you’re facing a tragic and expensive situation. Our lawyers do not charge for their services unless we can win compensation for you. This is called a contingency fee agreement.
Should you prevail in court or get a settlement, we will take an agreed-upon percentage of the total compensation for our services. Your lawyer will discuss their rates with you during the consultation. You should have no up-front costs.
Your lawyer may ask you to have your child examined by specialists to build up medical evidence of a spinal cord injury, and this may have associated fees. However, should you win, you can recover those fees as part of your case.
Talk to a Birth Injury Lawyer in Gilbert, AZ, About Your Child’s Spinal Cord Injury
If your child was diagnosed with a spinal cord injury during or soon after birth, you may have the criteria for a lawsuit. Contact the Birth Injury Lawyers Group to determine if you have a case and what it might be worth. Your case evaluation is free and completely confidential..
Our team will connect you with a qualified birth injury lawyer in Gilbert, AZ, who can help you seek justice and compensation. Call or text us at the number on your screen or fill out our free case evaluation form.