The placenta is affixed to the wall of the uterus during gestation and is responsible for providing vital nutrients to a fetus prior to birth. However, when the placenta detaches from the uterus, the unborn child may be at risk of severe or fatal injuries. The services of a Phoenix placental abruption lawyer may be needed if your infant has suffered this type of a birth injury. A skilled birth injury attorney could find out whether medical negligence was involved and pursue all parties who may be liable for malpractice damages.
Many birth injuries would be preventable if not for negligent or improper medical care. As such, parents whose infants suffer these injuries may be entitled to numerous forms of compensation, including economic, noneconomic, and in specific situations, punitive damages. Economic damages may include compensation for the infant’s hospital bills, physician visits, and other medical expenses associated with their injury. Recoverable noneconomic damages may include mental anguish, emotional distress, and pain and suffering.
Punitive damages are typically only awarded in very specific circumstances when the actions of the at-fault party were so reckless or grossly negligent that they merit further punishment. Not only do punitive damages punish a defendant for egregious wrongdoing, but they also serve as a reminder to deter others who may engage in such conduct in the future.
When placental abruption occurs, both the mother and fetus may suffer significant injuries. Sometimes, placental abruption can prove fatal for the mother and or infant. Oxygen deprivation, early birth, and maternal clotting may occur as well.
Several signs could indicate that placental abruption has occurred, and a medical provider’s failure to detect these indicators or respond to them appropriately may leave them vulnerable to a negligence lawsuit if the child is injured. Maternal indications of a possible placental abruption may include severe back pain and genital bleeding.
If an infant experiences a decline in their heart rate or a reduction in movement while in the womb, this also may signal that placental abruption has taken place. If someone believes that their medical provider did not apply the appropriate standard of care to respond to a placental abruption, they should speak with a Phoenix attorney to discuss what legal recourse may be taken.
State law establishes time limits in which a claimant must file a birth injury lawsuit. The overarching statute of limitations for medical malpractice cases is two years from the incident date, per Arizona Revised Statutes §12-542. However, there are certain exceptions to this deadline that may apply.
For instance, the state’s discovery rule pauses the statute of limitations if the plaintiff does not immediately discover their injury until the date the person learns they have suffered harm. Another exception may prolong the two-year filing window if the defendant left the state after engaging in the alleged malpractice.
In the case of children in particular, the statutory deadline would not start until the child turned 18 years of age. A placental abruption attorney in Phoenix could explain the specific deadline applicable to a plaintiff’s claim and ensure timely filing.
Proving liability in a birth injury lawsuit can be extremely challenging without the assistance of an experienced attorney. A Phoenix placental abruption lawyer could work hard to collect evidence to support a negligence-based claim and could fight to ensure that the liable parties are held accountable. Schedule your case consultation with our firm today to discuss what legal action may be possible.