Birth injuries occur when a member of the labor or delivery team fails to fulfill the level of care in accordance with accepted industry standards, leading to the injury or death of the mother or child. Birth injuries can potentially lead to lifelong consequences, such as cerebral palsy and other ailments. If your family needs to fight back against malpractice-related birth injuries, a Gilbert birth injury lawyer could provide the aggressive legal representation you deserve.
A knowledgeable personal injury attorney with extensive experience handling birth injury cases could explain your legal rights and the steps towards seeking financial compensation for your medical expenses, mental anguish, pain, and suffering.
Birth injuries are not always caused by negligence. The process of labor and delivery is vulnerable to complications. However, all healthcare providers involved with the birth should be ready to deal with all foreseeable issues with mother and child’s health and safety in mind.
A Gilbert lawyer could help someone pursue a birth injury lawsuit for malpractice when the medical provider fails to fulfill their duties, causing errors and preventable injuries. Common causes of birth injuries stemming from negligence include the following.
This could include incompetence, failure to order an emergency cesarean section, failure to monitor the fetal and mother vital signs, and misuse of birth-aiding tools.
Carelessness, negligence, and mistakes during delivery can stem from the actions of nurses, doctors, or other health care professionals at the scene. Common examples include brain injuries from a failure to appropriately monitor vital signs or shoulder dystocia from pulling the baby’s arm.
When the physician needs to use birth-aiding tools to assist the baby through the birth canal, they must exercise extreme care. Tools can prove invaluable to assist with challenging labors. However, these tools could also lead to severe injuries.
Often, the type of birth injury can indicate the kind of negligence that may have caused the injury. For instance, injuries sustained by the brachial plexus (the collection of nerves in the shoulder) often stem from the doctor’s use of improper techniques such as pulling on the baby’s arm when delivering an infant wedged behind the mother’s pelvic bone. Injuries can occur both during and after the delivery, but some of the most common ones are:
Nearly all birth injuries are preventable with the proper skill, care, and emergency preparedness. It is when doctors are careless, incompetent, or inexperienced that mothers and infants could suffer grave to fatal injuries.
When someone wishes to pursue compensation in a Gilbert birth injury case, Arizona Revised Statutes §12-542 generally provides them with two years from the date of the injury to do so. A birth injury attorney in Gilbert could help the plaintiff bring a claim for a variety of compensation types, including:
Arizona law does not place a cap on or limit the amount of damages a plaintiff could receive in a medical malpractice or personal injury lawsuit.
Following any birth injury, you should consult with an attorney immediately to assess your legal options. A Gilbert birth injury lawyer could help you determine if one or more parties exhibited negligence during labor and delivery, causing injury to you or your child. Call now to arrange your initial consultation and case review.