Birth injuries can occur for a variety of reasons, in which they are caused due to medical negligence and careless mistakes by your healthcare provider. You have the option and legal right to hold the responsible party accountable. The experienced birth injury lawyer can help you understand these rights that you have the best chances in proving your claim. Physicians and hospital workers are professionally and ethically obligated to provide profoundly skilled care to every patient they treat. This is particularly important when it becomes to childbirth and ensuring that a newborn child is born into the world without harm or other debilitating damages. Sadly, negligent and thoughtless actions by medical caregivers lead to thousands of dangerous birth injuries every year. One of the most stressful things a family can face is an damage to a newborn throughout the birth. Injuries sustained throughout birth can induce physical, learning, language or behavioral developmental delays or disabilities that may continue a lifetime.
It is figured that 28,000 children are hurt by birth injuries every year in the United States. That’s one in every 9,714 births or 76 per day. In many instances, a birth injury isn’t understood immediately and is only diagnosed after a child fails to reach developmental milestones, such as sitting up or verbalization. But as the parent of a child injured during birth due to the wrongful actions of healthcare providers, you have the justice to file a lawsuit against the people that injured your infant and to gain compensation that will pay for the decades of medical care that your child will require.
If your baby has endured an injury throughout childbirth that has caused a severe health complication, the medical malpractice attorneys are to help. When a birth injury is by the negligence of a physician or another healthcare provider, the family may be able to obtain compensation for these costs by a birth injury lawyer. Hospitalization for birth injuries alone costs the U.S. over $2.6 billion yearly, according to the Centers for Disease Control.
Child’s Birth Injury Caused
Childbirth is a delicate process, but physicians who deliver babies have sustained extensive training and should have years of practice handling the various difficulties and unique circumstances associated with childbirth. With so much preparation, there is no apology for your child to be injured during birth. Medical carelessness occurs when a healthcare professional’s performance falls inferior to the standard of care expected in the medical community. Birth injury attorneys have vast experience in handling these types of lawsuits and can discover whether your child was injured due to medical malpractice.
When a newborn suffers a birth injury, the child’s parents may be able to file a medical malpractice lawsuit against the physician or medical professional(s) who delivered the baby. To become a valid claim, negligence must have led directly to the birth injury. Sadly, there are countless ways in which a physician can act negligently and create severe injuries to a newborn child. Typical causes of birth injury include:
Delay Delivery: When a mother is possessing emergency delivering her child or if the infant is awkwardly positioned in the womb, the attending physician may use forceps to help the child along. Proper use of forceps could overcome the child’s risk of oxygen deprivation and fetal distress, conditions that have been connected to cerebral palsy and other birth injuries. However, physicians have to be extremely careful as forceps can cause nerve damage in the child’s neck or chest, and other less severe injuries to the head.
Delay Caesarian Section: Emergency C-sections are required if the child is suffering from fetal distress. This frequently occurs when the child’s heart rate slows as a result of an unexpected drop in the mother’s blood pressure, bleeding from placental abruption or other problems in delivery. Other situations that may also require an immediate C-section include uterine ruptures, cord prolapses, slowed labor, and placenta previa(when the placenta grows so close to the opening of the uterus). If the delivery team fails to understand that the mother needs to have a C-section delivery, they may be responsible if their lack of perception produces injuries for the mother and child.
Improper Vacuum Use: When the mother is possessing difficulties expelling the fetus from the birth canal, a vacuum may be needed to assist her. Vacuums can be fastened onto a baby’s shoulder or skull and guide the child through the birth canal. Physicians and nurses are responsible for accurately placing the vacuum on the infant. When the vacuum is improperly applied, severe injuries to both the mother and newborn can happen.
Hypoxia: Hypoxia is a situation that takes place when a child’s brain is not receiving enough oxygen. During childbirth, hypoxia can be created by a tangled umbilical cord, infection or injury to the placenta. Medical practitioners are trained to detect hypoxia well in progress and to take steps to reduce the chance of either the mother or child facing harm. If the physician fails to notice the hypoxic event and take quick, urgent action to avoid injury, he or she may be liable for any resulting injuries. If hypoxia is not instantly addressed, the child can develop chronic mental and physical limitations. Birth injuries may also from the following reasons, which may indicate medical negligence:
Failing to adequately use the labor-inducing drug Pitocin.
Neglecting to done specialized tests during pregnancy.
Failing to diagnose infections, placental abruption or previa, umbilical cord entrapment or premature rupture of the membranes.
Neglecting to communicate problems with other doctors, who are specialized in that area.
Failing to note and address changes in the fetus’ condition.
Failing to perform sufficient prenatal testing.
Neglecting to refer high-risk patients to the physician who specialized in this area.
Types of Birth Injury Handling Your Birth Injury Lawyers
Whereas some birth injury lawyers may particularly specialize in one birth injury, such as cerebral palsy, most concentrate on a variety of birth injuries. Some of the various common birth injuries include:
Cerebral Palsy (CP)
Approximately 10,000 newborns develop CP every year and some 764,000 children and adults in the U.S. exhibit one or more symptom of cerebral palsy.CP may be induced by head trauma or lack of oxygen to the brain during delivery. Cerebral palsy is the various common childhood motor disability. Physical therapy assists some children to recapture or strengthen motor control abilities, but others will always suffer difficulties and limitations. Children, who have CP may be inefficient to walk or care for themselves, and in some instances experience hearing or vision deficits, epilepsy or intellectual lacks. Moderate to severe cases can rise in medical costs for the entire life of the patient.
Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy)
Brachial plexus belongs to a group of nerves in the neck that connects to controlling nerves in the shoulders, arms, and hands. If the unnecessary pressure is applied to an infant’s head or neck throughout the delivery, the brachial plexus may be injured. A brachial plexus injury can induce a loss of muscle control, strength, or paralysis in the neck, shoulders, arms and/or hands. Children with brachial plexus injury normally recover but may need physical therapy and/or surgery to graft or transfer nerves and/or muscle to bypass paralysis. Brachial plexus damages occur in 0.3 to 2 out of every 1,000 births.
Cervical Dystonia (spasmodic torticollis)
Pressure on the baby during a difficult birth may provoke a head, neck or shoulder injury that appears in muscles of the neck contracting and drawing the head forward, backward or to the side. Cervical dystonia is severe and can be disabling. A baby with this injury will require physical therapy and medication, and may further need multiple surgeries to sever affected nerves or muscles. Approximately 90,000 people in the United States suffer from spasmodic torticollis.
Bone injuries happening during breech deliveries. Fractures most frequently occur during breech deliveries, shoulder dystocia in which a shoulder becomes stuck throughout the delivery. The collarbone is the most commonly fractured bone, though arms and legs may be broken as well.
Cranial Nerve Injury
Cranial nerve injury sustained throughout the delivery. Compression of the head during delivery, either by the assistance of forceps or as the head passes by the sacrum can harm any of several nerves and result in temporary or permanent paralysis.
Spinal Cord Injury
Spinal cord injury when delivery of the baby. Unnecessary traction or rotation during delivery can happen in damage to the child’s spinal cord. A severe spinal cord injury is probable to result in stillbirth or quick neonatal death. Babies who remain are likely to have low muscle tone and strength. Most newborns later develop spasticity that is much similar to cerebral palsy.
It’s challenging for parents to determine whether a doctor or health care professional failed to follow the standard of care and caused a preventable birth injury. It ordinarily requires a review of the medical records by independent medical professionals working with an attorney.
Birth injury cases are remarkably intricate and although they are considered personal injury cases, a general personal injury lawyer who takes on all types of personal injury cases may not have the experience and knowledge needed to give you your best possibilities in proving your birth injury case.
Regardless of the types of cases, a birth injury lawyer handles, the most important thing is a proven track record and vast experience in representing clients with birth injury cases.
How Various Cost a Birth Injury Attorney?
Most Birth Injury lawyers have their own rates based on skill and specialty. Of course, it’s reasonable to want a birth injury attorney who is skilled and affordable, but it’s difficult to determine the exact amount each lawyer charges.
The excellent news, though, is that most birth injury attorneys serve on a contingency fee, implying they only get paid when you do. In other terms, they must win successfully win your claim in order to get paid. You won’t have to agonize about any fees until your case is solved. Most people, particularly families annoying about the care of a baby with a birth injury, can’t easily afford lawyer fees on top of medical payments. Most attorneys realize this and are paid a percentage of your final payment amount when you win your case. In the majority of cases, a birth injury lawyer will get 33.33% of any settlement. For example, if you get an offer of $90,000 from the wrongdoer or his insurance company in your case, you will receive $60,000 and your lawyer will receive $30,000.
It’s significant to note that you should eternally look for an attorney who works on contingency fees. This way, you can rest assured that your lawyer has the up-front financial support in order to give you the best chance of winning your lawsuit. In extension, you should never be charged for an initial consultation. It’s during these periods that an attorney decides if they can handle your case or not, and most birth injury attorneys will provide the consultation free of cost.
It’s likewise important to understand what solicitors charge for. Although this will differ according to each attorney, along with the fees for taking on your case and serving you, other costs may include:
Office expenses, Court charges, including the fees for filing the lawsuit, Costs associated with copies of further medical and witness reports. Usually, court expenses and fees deduct another 10-15% from your settlement award.
How Long a Birth Injury Lawyer Work to Solve My Case?
Birth injury claims can be lengthy and time-consuming. The time it takes will considerably depend on the factors concerned in your case, such as how critical the injury is, how many witnesses there are, medical histories, how feeling the other party is to resolve the case, and much more.
Birth injury claims are rarely solved in a few months. Be planned beforehand that although the situation may take a while, your attorney is utilizing this time to ensure you have the best probabilities of success. A knowledgeable, skilled birth injury lawyer will not give up on your case and will assure that everything is wholly investigated and uncovered.
How Much Compensation Package a Birth Injury Attorney Win For Me?
Birth injury cases are all different, and therefore it’s difficult for a birth injury attorney to tell you beforehand an exact amount you should receive. In fact, if an attorney promises you a certain amount of compensation, this should raise a red flag as there are so many details that go into each individual case that it’s almost impossible to guarantee what you’ll win. However, in general, plaintiffs who win their birth injury lawsuits may be entitled to:
Medical expenses associated with the injuries, including the past, present, and estimated future costs-
Rehabilitation and therapy costs
Physical pain and trauma endured because of the injuries
Lost wages, applicable if a parent loses employment or work hours are reduced in order to care for the injured infant
Emotional pain and anxiety
Costs of special education and in-home care
It’s important to remember that while one plaintiff may win damages for all of the aforementioned reasons, another plaintiff may only win damages for a few. Again, as each case is different and tort laws vary from state to state, there is no clear-cut way to determine what you’re entitled to. This should only be used as a guide based on typical damages.
Birth Injury Law Firm List
If your newborn baby has been injured by someone negligencies, You demand an expert birth injury lawyer. There some list of the birth injury law firm, that might be near your range. you can Call now for a FREE case evaluation and discussion.
Hach & Rose, LLP – New York, NY
112 Madison Ave
New York, NY 10016
Rothenberg, Rubenstein, Berliner & Shinrod, LLC – New York, NY
3 West 35th Street
New York, NY 10001
Chopra & Nocerino, LLP – New York, NY
980 Avenue of the Americas (6th Avenue)
New York, NY 10018
Penney & Associates – San Diego, CA
3111 Camino Del Rio North
San Diego, CA 92108
Ellis Law Corporation – San Diego, CA
3111 Camino Del Rio North
San Diego, CA 92108
Herrera Law Firm – San Diego, CA
3160 Camino del Rio South
San Diego, CA 92108
Welebir & Tierney – Washington, DC
1629 K Street NW
Washington, DC 20006
Janet, Janet & Suggs, LLC – Washington, DC
1725 I Street N.W.
Washington, DC 20006
Jeffrey M. Goldberg Law Offices – Chicago, IL
20 North Clark Street
Chicago, IL 60602- 5099
Cephus Richard III – Dallas, TX
4303 N. Central Expressway
Dallas, TX 75205
Arsenault Law Firm – Dallas, TX
1919 McKinney Avenue
Dallas, TX 75201
Ron C. McCallum & Associates PLLC – Dallas, TX
750 N St. Paul Street
Dallas, TX 75201
McIntyre Law, P.C. – Oklahoma City, OK
8601 S. Western Ave
Oklahoma City, OK 73139
Boston Avenue Law – Tulsa, OK
401 S. Boston
Tulsa, OK 74103