
One of the most common malpractice case types are birth injuries. Obstetrics is a field full of risks. Many things can go wrong, and babies can get permanently injured or die because of negligence by medical doctors and hospital staff. Families of children with birth injuries may be due compensation.
Find out if malpractice caused your child’s birth injury by speaking with our Tempe birth injury lawyers. We can connect you with a birth injury attorney in Tempe, AZ, who can help you get justice for your child and compensation for their care.
Common Birth Injuries We See
There are many kinds of birth injuries, so it’s important to hire a lawyer that has experience in the kinds of injuries your child has suffered. Here are some common birth injuries our lawyers have seen in our clients:
- Tempe Birth Asphyxia Lawyer: Representing families when oxygen deprivation during labor causes serious, preventable birth injuries.
- Tempe Brain Damage Birth Injury Lawyer: Advocating for children who suffer lifelong challenges due to brain damage from medical negligence during delivery.
- Tempe Cerebral Palsy Lawyer: Helping parents understand their legal options when delivery errors result in a cerebral palsy diagnosis.
- Tempe Erb’s Palsy Lawyer: Seeking justice for infants with Erb’s palsy caused by excessive force or improper techniques during childbirth.
- Tempe Hypoxic-Ischemic Encephalopathy Lawyer: Providing legal support for families affected by HIE, a severe brain injury caused by oxygen deprivation at birth.
- Tempe Newborn Brain Hemorrhage Birth Injury Lawyer: Fighting for newborns who experience dangerous brain bleeds due to trauma or medical mistakes during delivery.
- Tempe Umbilical Cord Birth Injury Lawyer: Holding medical providers accountable when umbilical cord issues lead to preventable birth injuries and long-term health problems.
These are many other birth injuries that may qualify for a malpractice lawsuit. If your child has suffered harm, your priority is to get them examined by a competent doctor and diagnosed. After that, our team of birth injury lawyers in Tempe can examine your case to see if your doctor owes you compensation.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How Is Negligence Determined in a Birth Injury Case?
To see if you have a case, we need to prove that someone was liable for your child’s injuries. There are four elements we have to prove to show negligence. If we feel your case has these four elements, we can help you get compensation.
- A doctor-patient relationship: We have to show that a doctor, nurse, hospital, or another medical worker was helping you at the time of the injury. Your medical bills and records will show who handled your care.
- There was a negligent act: Medical workers have to meet a certain standard of care that matches other doctors in the profession. If they did not meet these standards, then a negligent act happened and they may be liable.
- Negligence caused your baby’s injury: We also have to show causation. The negligent act has to cause your baby’s injury and not something else.
- You and your baby suffered damages: Finally, we have to show that you and your baby suffered from what happened, whether financially or from non-economic damages such as pain and suffering.
Once all four elements are proven, you have a valid case and they must pay you compensation. How much you get will depend on the evidence and the negotiation skills of your birth injury attorney. In a birth injury, you can often sue both the doctor that harmed your baby and their employer.
Tempe Birth Injury Lawyer Near Me 1-800-222-9529
What Kinds of Evidence do I Need?
While some kinds of evidence you can get before your consultation, your birth injury attorney will help you get more. Medical records, expert opinions, statements from witnesses, photos of the birth, and any other documentation related to your pregnancy and delivery could help you.
Medical records are the most important, since these are used to establish standards of care. If there is an error in the records that shows they didn’t follow the standards, that could show that someone on your medical team was negligent.
Medical opinions are also an important part of birth injury cases. By talking with an expert in the same field, we can get testimony of how a different doctor would have handled your child’s situation and whether they could have prevented the injury.
"We know first-hand what you are going through."
How Much Could I Get from My Child’s Birth Injury?
The circumstances of your case will determine how much money you could recover for your child’s birth injury. Some factors include:
- What kinds of injuries your child suffered
- How significant they were
- How expensive they will be to treat
- The amount of pain and suffering in the case
- How much your child’s injury affects your day-to-day life (e.g., losing work to care for your child)
Birth injury claims often settle for several hundred thousand dollars, but some are worth much more than that. Anything involving the brain or the nerves will have a much longer recovery time, and could need millions of dollars to pay for care.
If a hospital’s insurer tries to approach you with a settlement offer, do not accept it before speaking with a birth injury attorney. You need to have a legal expert on your side to calculate what the true value of your case is, and not what the insurer thinks they can get away with.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Contact a Birth Injury Lawyer in Tempe, AZ Today
If your baby has suffered a birth injury due to medical malpractice, our birth injury lawyers are here to help you. We will put you in contact with a lawyer in Tempe who has experience in your child’s injuries and who can give you the guidance you need.
We will help you get the compensation you and your child deserve and inform you of your legal options. Call us or fill out our contact form today for a free consultation. All of our services are free unless you win compensation in your case.
"We are committed to helping families who have suffered medical negligence."