Moore Birth Injury Lawyer
A birth injury is an injury caused by a standard of care below the proper standards during labor or delivery. If you or your child suffered an injury due to the negligence of a medical professional, you might be entitled to compensation. Let a Moore birth injury lawyer fight for your rights and advocate on your behalf. Call today and set up a consultation with an accomplished medical malpractice attorney.
Common Types of Birth Injuries
The most common birth injuries are during delivery when a C-section should have been performed. In this situation, the child may suffer an injury to the shoulder, head, or arms. If the child’s birth weight is higher than average and the mother is petit, there is not enough room for the child to come out and the doctor should have known that beforehand with an ultrasound.
If the child suffered a brain injury early on during or shortly after birth, they may have cerebral palsy. A lack of oxygen to the brain during labor can lead to cerebral palsy.
Birth injuries can result in manifestation of Erb’s palsy when the baby is going through the birth canal. This occurs when there is not enough room for the baby and the doctor pulls them and causes an injury to their shoulder. By doing so, it pinches the nerve and can cause damage.
Birth Injury Symptoms
Parents might know if their child may have suffered from a birth injury at the appointment with the pediatrician’s delivery. Some injuries may be noticeable immediately, like a shoulder injury.
A symptom of a birth injury that may be immediately present is if the child’s arm is hanging to the side, there could be a shoulder injury. The most common would be what is called brachial plexus, which occurs when the shoulder is smashed. There might be bruising along the child’s arm or sometimes even broken bones.
What to Do After Realizing There is a Birth Injury
Upon realizing that something may have gone wrong during childbirth, the parents should talk with a birth injury lawyer in Moore and ask another doctor to review the medical records and try to figure out what went wrong. If the doctor says there was malpractice, then they need to get all the medical records together and begin working on filing a claim against the hospital or the doctor’s office responsible.
Unique Aspects of Birth Injury Cases
Birth injury cases are unique from other personal injury cases because the patient cannot tell about what happened. These cases are usually more complicated and involve getting multiple doctors involved to figure out what went wrong in the case, so they are expensive to take to trial. Just the litigation cost for the experts can easily be $50,000 for their time reviewing medical records and depositions. To learn more, contact a knowledgeable lawyer.
Negligence in Birth Injury Cases
In birth injury cases, negligence plays a role. The doctor or hospital must have acted negligently and that negligence must have led to the birth injury. Medical malpractice cases operate on stricter negligence than other personal injury cases.
Negligence on the part of the mother can play a role in birth injury cases. If the mother was somehow negligent, then it would reduce the amount of the total verdict by the percentage of the mother’s negligence.
Contact a Moore Birth Injury Attorney
The statute of limitations in birth injury cases is generally two years. If one fails to file a claim within two years, they may be barred from recovering compensation. However, the child has until they reach the age of 19 to file a claim.
There is an exception regarding the statute of limitations for medical centers run by the state. In this case, it is a government tort and the individual has 90 days to file a claim and 180 days to file the lawsuit. For help with recover damages and filing a claim, contact a seasoned Moore birth injury lawyer.