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 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.
For a free legal consultation, call 1-800-222-9529
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:
- Cerebral Palsy: Babies with this condition have movement and posture problems. It is caused when the brain does not get enough oxygen or blood. Oxygen and blood deprivation can happen during birth or because of premature birth.
- Erb’s Palsy: Difficult births and mishandling by doctors can stretch or tear the nerves in the upper arm. This creates Erb’s palsy, which can cause pain or paralysis to the arm. One cause for this is when a baby gets stuck in the birth canal for too long.
- Broken Bones: Larger babies and difficult deliveries can cause a baby’s bones to break, especially the collarbone. Rough handling of your baby can also cause broken bones.
- Hematomas: Bruises and swelling can be a sign that your baby suffered trauma during delivery. Cephalohematomas on the head can also hide signs of deeper brain damage. These can be caused by forceps and vacuum extraction devices.
- Brain Damage: Besides cerebral palsy, a lack of blood and oxygen to the brain can cause brain damage. Brain damage creates delays and impairments in your child’s growth, some of which may be permanent.
- Shoulder Dystocia: This is a medical emergency that happens when a baby’s shoulder gets stuck on the mother’s pelvis during delivery. It can cause many complications, like fractures and nerve damage. It can even be fatal.
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.
Tempe Birth Injury Lawyer Near Me 1-800-222-9529
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.
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.
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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.
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.