Injuries due to neglect can be devastating for anyone of any age, but they can be particularly harrowing during birth. Knowing your infant may suffer lifelong complications from improper care can take an emotional toll, and you may find yourself facing unexpected financial hardship to support them. Pursue justice with help from a qualified birth injury lawyer from Esquire Law.
At Esquire Law, we understand this situation can be difficult for all involved. We operate with empathy, handling your case with care while compiling evidence to build a strong case. Our experienced newborn injury lawyers can assist with cases surrounding broken bones, nerve damage, cerebral palsy, and more; contact us today to learn more about how we can help.
Birth Injury Statistics
Even doctors who normally act carefully can make mistakes. Perhaps they’ve been overworked, leaving them tired and burnt out — and prone to careless mistakes. Or, perhaps the hospital didn’t vet their staff properly, leading to underqualified individuals being put in the wrong positions.
Unfortunately, birth injuries can be quite common in the United States:
- Roughly 28,000 birth injuries occur every year.
- About one in 1,000 infants will sustain some sort of bone injury during the birthing process.
- Birth injuries are some of the more common reasons for death within the first 28 days of life.
- Nearly half of all new mothers experience some sort of trauma during the birthing process.
What Is a Birth Injury?
A birth injury is any injury sustained during the birthing process. Birth injuries may occur both before, during, or after labor. Causes include medical neglect and the natural labor process.
Birth injuries range in severity. Some may be relatively minor and heal with a little time and care. Others may be more serious but not permanent, requiring intensive treatment. That said, birth injuries can lead to life-long problems and, in the worst cases, may prove fatal. Whatever the outcome, it’s beneficial to reach out to an Arizona or Utah birth injury lawyer to request assistance, as they may be able to help you pursue compensation.
It should be noted that birth injuries are not the same as birth defects. Birth defects form during the development of the child in the womb and are generally due to genetic or congenital issues. Because of this, a birth trauma lawyer would be unlikely to be able to help with your case.
Types of Birth Injuries
Infants may experience a range of birth injuries, including broken bones, neurological problems, and more. The following are some of the most common.
Brachial Palsy
Labor is sometimes difficult, leading to unexpected complications. Should the baby’s shoulder get stuck in the birth canal, it may put excessive pressure on the nerves that lead to the hands and arms; this pressure can cut off the blood supply and make it difficult for them to move their arm. Sometimes, they can recover from this damage; other times, however, it may lead to permanent paralysis.
Bone Fractures
During difficult labors, a baby may experience a fractured clavicle, arm, or other bone. Fractures are common, but thankfully, they often heal within just a few weeks.
Facial Paralysis
Nerves in the shoulder and arm aren’t the only ones that may become damaged during birth. Difficult labors and the use of forceps can put added pressure on facial nerves, which may lead to temporary or permanent paralysis.
Brain Damage
Brain damage may occur for several reasons, including asphyxiation, overly strong contractions, and untreated infections. Signs of brain damage include difficulty feeding, seizures, and abnormal eye movement. It’s important to treat brain damage quickly to prevent worse problems; keep a close eye on your baby and, if something seems unusual, reach out to a medical professional immediately.
Intrauterine Fetal Demise
This occurs when the child is dead upon being born — that is, a stillbirth. Genetic issues, insufficient blood flow, and labor complications, among other concerns, may all lead to stillbirth.
Cephalohematoma
A cephalohematoma is where blood starts to pool between the skin and cranial bone, resulting in a large, raised bump. This can eventually lead to more concerning problems, such as anemia, though the cephalohematoma itself will generally heal with time.
Preeclampsia
Preeclampsia is when the mother-to-be experiences unusually high blood pressure. This may lead to several birth complications, including organ damage and an early birth. In addition, the mother may experience kidney damage, liver damage, or other complications.
Perinatal Hypoxia
Several problems, such as traumatic brain injuries or asphyxiation, may prevent the baby from breathing upon being born. This can lead to perinatal hypoxia — that is, an oxygen deficiency that could lead to permanent brain damage or other complications.
What Should You Do If You Suspect Your Child Has Suffered a Birth Injury?
The prospect of a birth injury can seem devastating, but some of the consequences may be mitigated if you act quickly. The moment you suspect something may be wrong, seek medical attention. Your provider can examine your child to locate potential problems and provide a treatment plan.
Request a copy of all your baby’s medical records since (and inclusive of) the birth. In addition, write down everything you can remember about medical treatment, evaluations, and other related information.
Once you’ve sought medical attention and gathered evidence, reach out to a birth injury lawyer who can assess your situation and build a case based on the information you’ve gathered. From there, they can help you negotiate for a settlement or fight on your behalf in court, if necessary.
Statute of Limitations for Birth Injuries in Arizona
Arizona residents have up to two years to file a claim. While this may seem like a lot of time, it can pass quickly — especially since you may not realize your child sustained a birth injury until much later on. Because of this, it’s important to seek out a Phoenix birth injury lawyer quickly; the sooner you file your claim, the sooner you can start pursuing compensation, and the less risk there is of losing your opportunity.
Statute of Limitations for Birth Injuries in Utah
Like in Arizona, residents of Utah have two years to seek assistance from a labor and delivery injury attorney. Keep a close eye on your child and reach out to an obstetric malpractice attorney in a timely fashion to ensure the court hears your case. Your birth injury attorney can assess your situation, determine whether you have a valid case, and assist with your claim.
Frequently Asked Questions
We understand that dealing with a birth injury claim may lead to questions. What can birth injury lawyers in Salt Lake City, UT, do to help? What sort of damages can you pursue? At Esquire Law, we aim to help answer as many inquiries as possible. Take a look at our frequently asked questions below; if you don’t see your concerns addressed here, feel free to reach out. We’ll be more than happy to offer clarity regarding your rights and strategies moving forward should you decide to pursue legal recourse.
How Can a Birth Injury Lawyer Assist You?
Birth injury lawyers in Tucson, AZ, Phoenix, and Salt Lake City can assist in several ways, including:
- Providing you with birth complication legal counsel to help you determine what sort of action to take
- Requesting medical documents and gathering evidence to support your case
- Speaking to medical professionals to collect testimony
- Submitting the claim on your behalf
- Negotiating with the other party
- Creating a strong case to argue on your behalf in court, if necessary
How Much Is My Birth Injury Claim Worth?
How much your claim is worth will ultimately depend on your situation. Generally, though, you can pursue compensation for:
- Lost wages (and future income loss)
- Healthcare expenses
- Pain and suffering
Many birth injuries may lead to lifelong complications, which means you could spend a significant amount trying to treat and manage your child’s condition. You don’t have to deal with the stress and financial burden alone; seek assistance from a qualified attorney to learn more about how much compensation you can pursue.
Birth Injury Attorneys and Law Services in Phoenix, Tucson, and Salt Lake City
Your child’s birth should be an exciting time, not a stressful one. Unfortunately, labor complications and medical neglect can have potentially serious consequences. These injuries may lead to lifelong complications and continued pain and suffering for both the parent and child.
If you suspect your child sustained a birth injury due to another’s negligent actions, seek help from birth injury lawyers in Phoenix, AZ, or the surrounding areas. Our birth injury lawyers at Esquire Law aim to help you navigate this difficult time. We will advise you on how to proceed, help you gather evidence, and otherwise assist with your case.
Let a birth injury attorney from our firm help relieve some of the burdens of this sensitive turn of events. If you’d like to learn more, reach out to us by calling (602) 654-2950. Request a free consultation from our attorneys today.