A spinal birth injury is one of the worst outcomes a child can experience. They could be born partially or completely paralyzed, experience a lot of pain, or even be born deceased. If you believe your doctors could have taken steps to prevent your child’s spinal birth injury, you may have a case.
Find out if this is so by contacting our spinal birth injury attorneys in Phoenix, AZ. We can tell you if your child’s injury was caused by malpractice. If so, you can get compensation for your child’s care and their pain and suffering. One phone call is all it takes to find out.
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Types of Spinal Birth Injuries
The most important and expensive spinal birth injuries are the ones that involve the spinal cord. This is the primary communication channel between the brain and the rest of the body. When the spinal cord gets damaged or cut, the result is pain and paralysis.
A cut spinal cord can cause a baby to lose control of their legs, their arms, their excretory function, and even their breathing. A damaged cord confuses nerve signals and can create sharp burning or tingling sensations that don’t stop, and can lead to muscular imbalances.
There are also spinal birth defects like spina bifida, which happens when the spinal column does not close properly around the spinal cord. Our job as spinal birth injury lawyers is to determine if medical malpractice caused any of these injuries.
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Trauma and Spinal Birth Injuries
While an undetected spinal birth defect can be grounds for a malpractice suit, most spinal injury lawsuits happen because of external trauma. A doctor making a wrong move with a baby during birth or a nurse dropping a child on the floor can cause damage to the spinal cord.
If your doctor had to use forceps to free your baby from the birth canal, there is a risk that the forceps caused an injury. While using them may be medically necessary, they are not a gentle tool. Too much pressure in the wrong place can cause a spinal injury or another nerve injury like Erb’s palsy.
When is too much force justified to help a child through birth? That depends on the situation and the standards of care. Your Phoenix spinal birth injury lawyer will investigate whether your doctor violated the standards and caused your child’s injury.
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Standards of Care
Medicine is an uncertain profession. A doctor can do everything right and their patient could still get injured or even die. It’s why medicine is a practice; full mastery is never possible. So how do we hold doctors accountable when they do something that harms another person?
The answer is the standards of care. Doctors and case law have developed reasonable standards for medical care in different situations. As long as doctors stick to the established practices, they get a lot of protection from malpractice claims.
However, doctors and other medical professionals aren’t perfect. Sloppy procedures and impatience can cause them to break the standards and create an unnecessary risk of injury. When someone gets injured because of a breach of the standards of care, that’s when doctors become liable for malpractice.
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How Do I Get Paid for a Spinal Birth Injury?
When you work with one of our spinal birth injury attorneys, we will determine who is most responsible for your child’s injury and contact their malpractice insurers. The vast majority of hospitals and medical professionals carry malpractice insurance, and most doctors will face at least a few claims during their careers.
Obstetrics gets the most malpractice claims by far, and insurers will try their best to lower the amount of money they have to pay for a birth injury. Our lawyers protect you from their tactics, so you can focus on getting your child the medical care they need.
We will work hard to get you and your child the full compensation you deserve. Most of the time, this will be through a settlement offer. However, by working with a Phoenix spinal birth injury attorney, the option to take your case to court is available. Sometimes it is necessary to go to court to get justice.
When Do I Need to File a Lawsuit?
Arizona’s statute of limitations allows adults to start their lawsuit two years from the discovery of an injury. Once this deadline passes, the courts will not accept your lawsuit because the evidence may be too old to be reliable.
Children have an exception to this law. Arizona allows injured children to file a lawsuit themselves, but they cannot do so until they turn 18. Therefore, children have until their 20th birthday to file a claim on their own behalf.
In most cases, an injured child’s parents will start the lawsuit process if there is a spinal birth injury. Children with injured spines need a lot of medical care that cannot wait. Find out if your child is eligible for compensation with just one phone call to the Birth Injury Lawyers Group.
Call Birth Injury Lawyers Group to Speak with a Spinal Birth Injury Lawyer
The costs of caring for a spinal injury after birth are extremely high. Even well-off families could get financially ruined by these costs. You owe it to your child and your family to see if malpractice has caused your child’s injuries.
Birth Injury Lawyers Group will put you in contact with a spinal birth injury lawyer in Phoenix who can explain your legal options. For a free consultation and case evaluation, call the number on your screen or email us through our contact page.
All consultations with our lawyers are free and without obligation, and you will owe us nothing unless you win compensation. Call today and get justice for what happened to your child.
Call or text 1-800-222-9529
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