Yukon Birth Injury Lawyer
Carrying a child and giving birth can be a special moment for many families. However, it can also be a complicated and frightening experience, especially if something goes wrong. Medical errors made during labor or delivery are a common cause of birth injuries.
If you or a loved one experienced a birth injury, you have the right to hold the negligent doctor accountable with the help of an experienced medical malpractice attorney. A Yukon birth injury lawyer could evaluate your claim and advise you on the strength of a potential birth injury case.
Types of Birth Injury Claims
There are several causes of birth injuries. Some involve physical harm due to rough or careless handling. For example, a doctor may apply to much pressure with forceps. Rough handling could also lead to neck damage, which is the most common cause of Erb’s palsy in a newborn. Additionally, mistakes made by the doctor earlier in the pregnancy might only become present during childbirth.
The other major risk at birth is a lack of oxygen. If the umbilical cord is wrapped around a baby’s neck, it can cut off oxygen to the brain. In addition to the risk of suffocation, this could also lead to serious conditions like cerebral palsy. Some other examples of common birth injuries include:
- Broken bones
- Erb’s palsy
- Cerebral palsy
- Traumatic brain damage
Taking on a Birth Injury Lawsuit
Birth injury lawsuits must comply with the statute of limitations. Every type of case has a specific deadline, and the rules regulating this deadline are different for the mother compared to the child. While a mother typically has two years to bring a claim, a child could have much longer. A Yukon attorney can review a birth injury claim and determine the appropriate statute of limitations.
Before filing suit, a plaintiff must also provide an “affidavit of merit.” The affidavit is sworn by a medical expert qualified in birth injuries. It must state an opinion that the plaintiff’s injury stemmed from medical negligence. If the plaintiff does not attach this affidavit to the lawsuit when filing it, the court could dismiss the case.
If a plaintiff succeeds at trial, they are entitled to an award of damages from the jury. However, state law puts strict limits on the amount of money available in a medical malpractice claim. While there are no limits on economic damages like medical bills or lost wages, there is a cap on non-economic damages. These include pain and suffering or mental anguish. Non-economic damages are capped at $350,000 unless there is clear and convincing evidence the doctor acted with fraud, malice, intent, or gross negligence.
Call a Yukon Birth Injury Attorney Right Away
If your child suffered injuries at birth due to a negligent medical professional, you could hold them accountable through a civil suit. A Yukon birth injury lawyer could help gather evidence to prove the doctor was negligent and help you collect damages to compensate. Call today to learn more.