A birth injury is a traumatic event that can affect both the child and their family for a lifetime. If your child has suffered from a birth injury due to medical negligence or errors during labor and delivery, understanding the legal steps you can take is crucial. The emotional and financial impact of a birth injury can be overwhelming, but there are legal avenues available to help ensure your child receives the compensation and care they need for the future.
In this blog, we’ll discuss what parents should do after a birth injury, the legal process involved, and how a birth injury lawyer or birth injury medical malpractice lawyer can guide you through filing a birth injury lawsuit in Phoenix, AZ. Knowing the right steps to take can help secure justice for your child and hold responsible parties accountable.
Understanding Birth Injuries and Their Causes
A birth injury occurs when a baby suffers physical harm during the labor or delivery process. Birth injuries can range from mild conditions, such as minor bruising, to severe, life-altering injuries, such as cerebral palsy, brain damage, or broken bones.
Some common causes of birth injuries include:
- Excessive force during delivery: Improper use of delivery instruments like forceps or vacuum extractors can cause trauma to the baby.
- Failure to monitor fetal distress: If the baby shows signs of distress during labor (e.g., irregular heart rate) and the medical team fails to act, it can result in injury, including brain damage.
- Delayed C-sections: If a C-section is not performed in a timely manner during complications, oxygen deprivation can occur, leading to severe consequences like brain injury.
- Improper handling during delivery: If the baby is pulled or twisted incorrectly, it can result in conditions like brachial plexus injury or spinal cord injuries.
If a birth injury is caused by medical errors, it may be grounds for a birth injury lawsuit, and a birth injury lawyer can help you understand your legal options.
Immediate Steps to Take After a Birth Injury
When a birth injury occurs, the immediate priority should always be the health and safety of the child. However, parents should also take certain steps to protect their legal rights.
1. Seek Medical Attention and Keep Detailed Records
The first step after a birth injury is to ensure the baby receives immediate medical care to address the injury. Early intervention can make a significant difference in the long-term outcomes for the child. Ensure that all treatment and care are well-documented in medical records, as these records will serve as vital evidence if you decide to pursue a birth injury lawsuit.
In addition to medical records, keep a detailed journal of events leading up to and following the injury. Note any communication with medical professionals, and track the child’s progress over time. This will provide a comprehensive account of the situation, which will be helpful during legal proceedings.
2. Consult with a Birth Injury Lawyer
Once the immediate medical needs of the child are addressed, the next step is to consult with a birth injury lawyer. A lawyer specializing in birth injury medical malpractice can help you evaluate whether the birth injury was caused by medical negligence. They will review the medical records, consult with experts, and determine whether the injury was avoidable.
A birth injury medical malpractice lawyer can also help you understand the types of compensation you may be entitled to, including medical expenses, therapy, and other related costs. In cases of severe birth injuries, such as cerebral palsy, the child may require lifelong care, and the compensation will reflect the long-term financial and emotional impact of the injury.
3. Gather Evidence and Investigate the Cause of the Injury
In order to pursue a birth injury lawsuit, it’s important to gather evidence that supports the claim of medical malpractice or negligence. Your lawyer will work with experts in obstetrics, neonatology, and other relevant fields to investigate the cause of the birth injury. Key evidence in these cases includes:
- Medical records: These will provide an account of the care provided before, during, and after delivery, including any deviations from the standard of care.
- Expert testimony: Medical experts can testify as to whether the medical team acted appropriately and whether any errors occurred that contributed to the injury.
- Witness statements: Nurses, doctors, and family members who were present during the delivery may provide testimony about what occurred.
This investigation will help determine who is liable for the injury, whether it was the obstetrician, hospital staff, or another medical professional.
4. File the Birth Injury Lawsuit
Once sufficient evidence is gathered, your birth injury lawyer will assist in filing the birth injury lawsuit. In Arizona, the statute of limitations for filing a birth injury claim is two years from the date of the injury, so it’s important to act quickly to preserve your legal rights.
The lawsuit will seek compensation for various damages, including:
- Medical expenses: This includes both past and future medical costs related to the injury, such as surgeries, medications, physical therapy, and specialized care.
- Pain and suffering: Compensation for the emotional toll the injury has taken on the child and family.
- Lost wages: If the injury requires one or both parents to miss work or reduce hours to care for the child, compensation may be sought for lost income.
- Future care: In cases of severe injuries that require lifelong care, the lawsuit may seek compensation for the child’s future medical and living expenses.
5. Consider Settlement or Trial
Most birth injury lawsuits are settled outside of court, but if a fair settlement cannot be reached, your birth injury medical malpractice lawyer will prepare your case for trial. The goal is to ensure that the family receives fair compensation for the harm caused by the birth injury and to hold the responsible parties accountable for their negligence.
The Role of a Birth Injury Lawyer in Phoenix, AZ
Navigating a birth injury lawsuit can be complex, especially when dealing with medical malpractice. That’s why it’s crucial to work with a birth injury lawyer who has experience handling medical negligence cases. A trusted lawyer will guide you through the legal process, ensure that all necessary evidence is gathered, and fight for the compensation your child deserves.
If you are considering a birth injury lawsuit in Phoenix, AZ, contact Snyder & Wenner, P.C., a trusted law firm that specializes in birth injury claims. Their team of skilled attorneys can help you pursue justice for your child and family.
