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Birth Injury Attorneys
Birth injuries not only have physical and emotional consequences but also place a financial strain on the child’s family. When a birth injury is caused by the negligence of a doctor or another healthcare provider, the family may be able to recover compensation for these costs through a birth injury lawsuit.
Depending on the nature of the injury and the staff attending the birth, parties that may be held liable for birth injury include:
- Doctors and physicians
- Midwives
- Anesthesiologists
- Nurses
- Support Staff
Birth Injury cases require lawyers with a great deal of medical and legal knowledge. Our trial attorneys at McDonald & Cody will work with you to address your claim and handle it with great compassion. Contact us today!
5
common causes of
child birth injuries
Childbirth injuries can result from many conditions, including:
Cerebral palsy is an umbrella for a collection of syndromes and symptoms in a baby or child stemming from hypoxic brain injury (lack of oxygen) during birth. A child suffering from cerebral palsy may have cognitive and/or physical abnormalities as a result of a lack of oxygen to the brain during childbirth.
Frequently, birth injuries are related to failure to perform actions in a timely manner during labor and delivery. Birth injuries can take on a number of different forms, including:
- Failure to diagnose
- Failure to treat
- Dangerous medications
- Cesarean section errors
- Oxygen deprivation
There are a number of birth injuries which are caused by poor care in labor and delivery. If any of the injuries result in deprivation of oxygen, the child may sustain a neurological injury.
Common neurological birth injuries include:
- Hypoxia/asphyxia: lack of oxygen to the brain
- Cerebral palsy: lack of oxygen to the brain that results in cognitive or motor skill problems
- Hydrocephalus: this condition is one where there is an accumulation of fluid on the brain, which can cause neurological problems
Birth injuries often involve hypoxia, leading to brain damage, cerebral palsy, learning disabilities or developmental delays. Common issues which may result in oxygen deprivation for the baby include:
- Placental abruptions
- Umbilical cord problems
- Uterine rupture
There are many ways an infant can be injured in a neonatal intensive care unit. Hospital staff is often overworked and mistakes happen. Unfortunately, these errors can be devastating to your infant’s safety and well-being. We often see the following mistakes:
- Medication errors
- Failure to adequately monitor the baby
- Failure to diagnose or treat jaundice
- Poor ventilation
FREE CASE EVALUATION
If your child suffered from a birth injury because of the negligence of a medical professional, contact us today!
Why McDonald & Cody?
The philosophy at McDonald & Cody, LLC is to provide maximum results, one client at a time. We are dedicated to our cases and strive for quick, full and maximum compensation.
Liability for Birth Injuries
Liability for childbirth injuries usually results from three types of medical errors:
Diagnosis Error
Diagnosis errors take a few different forms, including:
- Wrong diagnosis – diagnosing you with the wrong condition
- Non-diagnosis – diagnosing you as healthy when you are not
- Misdiagnosis – diagnosing you with a condition when you are healthy
When a medical professional errs while making a diagnosis, you may not receive the treatment you and your baby need to avoid a birth injury. For example, suppose the doctor misreads an ultrasound and fails to diagnose an umbilical cord problem. An HIE lawyer can argue that this missed diagnosis led to a birth injury rather than the remedial measures that could have prevented the birth injury, such as a caesarian delivery.
Treatment Errors
Treatment errors include all of the errors that happen under the doctor’s care. They include the drugs doctors administer during labor and birth. They also include all of the actions taken by the doctors and nurses in the delivery room. Suppose your child has cerebral palsy. An HIE lawyer might prove that your child’s physical difficulties resulted from a brain injury during birth due to a loss of circulation.
Communication Errors
Before performing any procedure, a doctor must explain the benefits and risks of the procedure and obtain your informed consent. Communication errors happen when doctors, anesthesiologists, or nurses fail to:
- Explain a procedure
- Discuss a procedure’s risks and benefits
- Obtain your consent to the procedure
If the doctor fails to explain all of your options and your child suffered a birth injury, a childbirth injury lawyer might be able to prove that the doctor committed medical malpractice.
Damages in Birth Injury Claims
Birth injury law is a niche practice within medical malpractice law. When dealing with birth injuries, you need a lawyer who understands the needs your child will have for the rest of their life. The damages your child needs to assure their financial security include:
These damages cover the financial cost of your child’s injury, including:
- Medical expenses
- Costs for caretaking and assistance
- Diminished earning capacity due to long-term disabilities
- Medical device rentals or purchases
A childbirth injury lawyer can often quantify these economic damages based on your child’s injuries.
Non-economic damages cover all of the ways your child’s injuries reduce your child’s quality of life. They include such factors as:
- Physical pain
- Mental suffering
- Inability to participate in activities
- Inconvenience
A claims adjuster or jury can infer your non-economic damages based on the severity of your child’s injuries.
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