When a baby or mother is injured during birth, it’s hard to grasp why it could have happened. Families are left bewildered and searching for answers as they try to accept the new path their life has taken.
Our founding attorney, Bob Goldwater, has personally experienced the whirlwind of emotions that families go through when their child experiences birth injuries. He understands the sleepless nights, the fear, and the desire to do everything possible to give your child the best care possible.
The Birth Injury Lawyers Group was born of his passion for serving families in similar situations by helping them through one of the most difficult times in their lives. If your child was injured during the birthing process, our Tucson birth injury lawyers may be able to provide the help you need.
For a free legal consultation, call 1-800-222-9529
How Do I Know if My Baby’s Injuries Were Due to Malpractice?
Many types of birth injuries can take weeks, months, or even years to appear. It’s not unusual for a parent to wonder if their child experienced a birth injury that resulted in certain behaviors or developmental issues. The cause of a birth injury can often seem to be accidental.
Asking the physician or medical professionals who attended the birth of your baby is unlikely to yield honest answers. They are generally apt to do everything possible to protect their reputation and employer.
The best way to determine if your child’s birth injuries could have been caused by negligence or other factors related to malpractice is to talk to an experienced birth injury attorney in Tucson.
Tucson Birth Injury Lawyer Near Me 1-800-222-9529
Proving Medical Negligence
A birth injury lawyer can protect the rights of you and your child. We work with professionals in the fields of law and medicine who specialize in birth injuries to aid us in proving claims of medical negligence.
We have a wealth of resources to provide expert witness testimony and beneficial information to build your case to see that your family secures the compensation you need to care for your baby. Our colleagues work with us to get answers. Some of these professionals include:
- Medical researchers
- Drug experts
- Life care planners
You may not know if your baby’s injuries resulted from negligence or even if your child experienced certain birth injuries, such as hypoxic-ischemic encephalopathy, that aren’t yet obvious. It’s often hard for those who aren’t in the medical profession to know for certain whether procedures were done correctly.
The medical providers involved in the birth aren’t likely to risk their careers by admitting to mistakes. Your birth injury lawyer will consult with professional resources in the medical field and use their experience with previous similar cases to find the truth about medical errors made in your baby’s delivery.
Damages You Can Recover After a Birth Injury
If your child was injured at birth, you will likely be able to recover a variety of damages from the liable party. The exact damages you can claim will vary from case to case. Determining all the damages that apply can be challenging. However, doing so is essential for recovering the full value of your claim.
Fortunately, an experienced Tucson birth injury lawyer will be able to help you identify all the damages you are eligible to recover. Some of the most frequently claimed damages in a birth injury case include:
- Pain and suffering
- Medical bills
- Future medical expenses
- Lost wages for the time you miss from work to care for your child
- Lost future earnings that your child’s injury will likely prevent them from obtaining
- Emotional distress
- Mental anguish
- Decreased quality of life for you and your child
- Permanent disability
In addition to these compensatory damages, you may also be entitled to punitive damages. Punitive damages are not awarded for the purpose of replacing losses suffered by the accident victim. Instead, these damages are used to punish the liable party for the role they played in causing the birth injury.
A judge will only award punitive damages in extreme cases where the at-fault party was grossly negligent or harmed your child on purpose.
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How Can a Birth Injury Lawyer Determine if I Have a Valid Claim?
Your Tucson birth injury lawyer will investigate all the evidence thoroughly while consulting with colleagues in the medical profession who serve as a resource for the technical information needed to determine whether malpractice occurred.
A lawyer can investigate the happenings surrounding your baby’s birth by looking at evidence such as:
- Fetal monitoring strips
- Labor and delivery flow sheets
- Forceps or vacuum extractor use
- Diagnostic tests
- Drugs administered
- Other medical information
While your healthcare provider could have been very well-intentioned, mistakes do happen. And sometimes, those errors can even be attributed to something else, such as another colleague, a medication, or a defective fetal heart monitor.
It’s important to learn the true cause of the birth injury to ensure that all sources of liability are identified and that the parties responsible are held accountable.
Statute of Limitations for Filing a Lawsuit
In Arizona, birth injury victims have two years to file a lawsuit against the liable party. Missing this deadline could bar you from recovering the compensation you deserve.
However, certain circumstances may allow you to file beyond the two-year deadline. For example, if the injury was not immediately apparent, the clock will not start on your window to file until the damage is discovered. Additionally, if you did not recover compensation after your child’s injury, they will have the option of suing for two years after turning 18.
Of course, there are also factors that can further decrease the amount of time you have to take legal action. Hiring a birth injury lawyer as soon as possible is the best way to avoid losing your right to compensation because of an unforeseen deadline.
Birth Injuries That May Have Been a Result of Malpractice
When a physician doesn’t take the appropriate action or fails to act at all when signs of medical problems are evident, it can result in birth injuries, harm to the mother, or even the death of one or both patients.
When an infant is harmed during birth, it is possible that the healthcare practitioners made mistakes or did not take the appropriate actions to prevent the injury or limit further damage. These injuries often result in malpractice claims:
- Back and spine injuries
- Shoulder dystocia
- Cerebral palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Erb’s palsy
- Bone fractures
- Brain damage
- Wrongful death
- Brachial plexus injuries
- Delayed C-section
- Facial paralysis
- Nerve damage
It’s crucial that medical providers take action to prevent injuries and limit further damage when it occurs. If you suspect your doctor’s actions or inaction may have caused a birth injury, it’s vital that you seek legal counsel immediately.
Contact a Birth Injury Attorney in Tucson Today
The medical costs can be staggering, and lifelong care may be required. These costs are extremely prohibitive for most families, sometimes resulting in long-term financial hardship. It’s important to learn the cause of the injury, but people often do not know where to begin.
If you suspect that a healthcare provider’s action or inaction could have caused your family member to become injured, a Tucson birth injury attorney from the Birth Injury Lawyers Group can help you to find the answers you need and may be able to help you pursue compensation.
Contact us today to schedule an appointment for a free case evaluation.