No injury case is more heartbreaking than one that involves your child, such as a birth defect, birth injury, or stillbirth. Parents are often plagued by questions of whether the doctor or hospital missed something that could have prevented the birth injury from occurring. If your child suffered a birth injury due to the negligence of the hospital or delivery staff, know that you can file a claim to recover financial compensation.
You do not have to go through this process alone. With a dedicated and experienced birth injury lawyer by your side, you can focus on taking care of your family while we take care of the rest. Shelsby and Leoni are here to help every step of the way.
What Causes Birth Injuries?
There are many reasons birth injuries happen:
- Doctor or medical staff negligence during or before delivery
- Excessive pulling or twisting of the baby during delivery
- Failure to monitor fetal heartbeat before and/or during delivery
- Failure to perform a cesarean surgery, or C-section, when necessary
- Negligent administration of drugs to induce labor
These are only a few of the more common reasons why birth injuries happen. Do not let your doubts discourage you from believing you have a case. Our lawyers know that every case is different, so it is always best to consult with a knowledgeable attorney who has successfully handled birth injury lawsuits in your area.
How Do You Know if a Birth Injury Was Naturally Occurring or the Doctor’s Fault?
It is reasonable to assume that your child’s birth injury naturally occurred and to have faith in medical professionals; however, this is not always the case. If you suspect that your doctor did not adequately conform to the duty of care they are supposed to uphold for all patients, you may have a case against them.
The best way to know if your birth injury was your doctor’s fault is to talk to an injury lawyer. After a thorough review of your case and all the facts and medical records surrounding it, they will be able to accurately determine if the doctor was at fault and can help you hold them accountable.
Signs Your Child May Have Suffered a Birth Injury
Sometimes birth injuries are readily visible or easily detectable immediately after birth. Unfortunately, there are also many cases where signs of a birth injury do not manifest until much later. Here are a few signs that your child may have suffered a birth injury:
- Delayed developmental milestones in their early years
- Abnormal movements, learning disabilities, speech impairments, seizures, hearing issues, or vision problems
- Pale or blue skin or significant bruising near their head or back
- Slow breathing, lethargic behavior, or general sluggishness
If you notice these signs, it is possible that your child suffered a birth injury that warrants further investigation as soon as possible from another medical professional. A medical malpractice law firm can help you connect with the right medical experts to help confirm the presence and cause of a birth injury.
Birth Injury Case Types
The term “birth injury” is an umbrella term for the many medical disorders that can result from the negligence of the doctor or medical staff. Common birth injury cases include:
- Cerebral Palsy: Cerebral palsy (CP) is a birth injury that affects 1 in every 354 children, and it impacts a child’s motor skills, muscle tone, and cognitive development. It is, unfortunately, not curable.
- Erb’s Palsy: Erb’s palsy is a birth injury to the brachial plexus that results in complete or partial paralysis of the baby’s shoulder, arm, and hand. Unlike CP, Erb’s palsy is recoverable depending on the severity, but there are many cases where the child will have lasting problems throughout their life.
- Hypoxic ischemic encephalopathy (HIE) and perinatal asphyxia: HIE is a birth injury that affects the brain due to a lack of oxygen and blood flow during or near delivery, while perinatal asphyxia is the name of the actual event of oxygen deprivation, which leads to HIE. This condition can lead to developmental disorders, permanent brain damage, and other neurological issues that will typically persist for life.
- Placental abruption and placental previa: Both placental abruption and placental previa are issues involving the placenta during birth, which is either detached or placed too low and restricts blood and oxygen flow to the baby. It is a medical emergency that can lead to birth injury and must be monitored and promptly addressed when it occurs to prevent any permanent damage.
- Shoulder dystocia: This is a birth injury that results from a complication that makes the baby’s shoulders stuck behind the mother’s pubic bone during delivery. This is a medical emergency that needs prompt action from doctors and medical staff, as it can lead to injury to both the mother and the child.
Can You Sue for an Injury Suffered by the Mother?
Mothers can also suffer an injury during birth, such as perineal tears and pelvic floor damage, among others. Perineal tears, for instance, can vary in severity: from minor, superficial cuts that heal on their own to deeper lacerations that may require stitches and extended recovery periods.
If you suffered an injury during or before delivery due to the negligence of a doctor or medical staff, you can sue for compensation. Birth injuries to a mother can be serious, and there should be no reason that bars you from filing a valid claim as well.
How Long Do You Have to Sue for Birth Injury?
The statutory deadline for filing a birth injury claim depends on the state. In Delaware, for example, has a specific special deadline, which can be two years from the date of the birth injury, and up to age 6 of the child, to file a claim.
However, note that it can take some time for signs of a birth injury to develop and to build a robust case. Thus, you must get in touch with an attorney right away if you have any suspicion that your child suffered a birth injury. It is important to determine the applicable time deadline for filing your case as soon as possible.
What Are the Steps Involved in Filing a Birth Injury Lawsuit?
The steps involved in filing a birth injury lawsuit typically involve:
- Gathering evidence and reviewing all the facts surrounding the case
- Calculating all of your economic and non-economic damages to ensure nothing gets left out
- Submitting a demand letter to let the at-fault party know of your intent to sue and your demands for compensation
- Negotiating your settlement or, if necessary, going to trial to resolve your case
These steps are deceptively simple. A birth injury lawyer with trial experience understands how to negotiate non-economic damages, such as pain and suffering. It is also important to understand that the hospital and the at-fault medical staff are not likely to admit fault immediately, nor is it likely that they will offer you a fair settlement in the initial phases of the negotiation.
Our medical negligence law firm will fight to negotiate on your behalf, and we will not hesitate to take your case to trial if it comes down to it.
Shelsby & Leoni’s Attorneys Are Experienced in All Birth Injury-Related Matters
Our team has defended doctors and hospitals in several birth injury cases. Our experience gives us an edge because we know what the defense will do before they do it. We know what records need to be requested during discovery to prove your case.
We consult with pediatric neurologists and neonatologists to determine whether the injury occurred before or during the birth process—in other words, whether it could have been prevented if another competent and skillful medical professional had been involved. We also use expert witnesses who have testified for the defense in other cases. This is helpful because our witnesses cannot be cross-examined, as they testify for plaintiffs all the time.
Schedule Your Free Consultation with a Birth Injury Lawyer Today
Let our team of birth injury lawyers fight for your child’s rights and get them the help they need. We provide free case reviews and charge zero fees if we do not recover for you. Our birth defect attorneys are licensed in several states.
We have recovered millions on behalf of our clients and work hard to fight for their rights. If your child has suffered a birth injury, you should contact our birth injury attorneys for a free consultation.