Birth Injury Lawyers
CALL (800) 863-5312 TO SPEAK WITH ONE OF OUR NATIONWIDE BIRTH INJURY LAWYERS
While giving birth, most parents are dependent on their doctors and another medical professionals to help ensure the mother and child’s wellbeing. Unfortunately, if a medical professional is negligent in performing his or her duties, it may result in injury to the mother, child, or both.
If you or your child was injured during the birthing process, a personal injury lawyer may be able to help. Zinda Law Group birth injury attorneys are available nationwide to discuss your case and help guide you through the legal process. Call (800) 863-5312 today to speak with a knowledgeable Zinda Law Group attorney.
WHAT ARE BIRTH INJURIES?
Birth injuries are those injuries that affect either the mother or the child during the birthing process. These injuries may be caused by natural complications during the pregnancy, or they may be caused by the negligence of the medical professionals assisting the birth. To receive compensation for birth injuries, the injuries must have been avoidable and due to the negligence of the doctor, hospital, or other medical professionals.
To pursue a birth injury lawsuit, it must be shown that your doctor, or another medical professional, breached their duty of care. For example, a doctor may have failed to follow proper procedures, or may have negligently performed a cesarean section. Next, you must show that the breach of care resulted in the injury. For example, when the doctor failed to follow proper procedures during delivery, it led to a fracture in the child’s leg.
It should be noted that a birth injury is not the same as a birth defect. Put simply, birth injuries are caused by medical malpractice, while birth defects are linked to genetics.
If you or your child has suffered from a birth injury, and you believe it is due to medical malpractice, or negligence, contact a Zinda Law Group attorney immediately to discuss your case. Our experienced birth injury lawyers can help you determine if you have suffered a birth injury, who is at fault, and what your potential compensation might be.
COMMON TYPES OF BIRTH INJURIES
Injury to the Baby
Unfortunately, birth injuries are not an uncommon problem for newborn babies. Below are some of the more common injuries seen during childbirth. These injuries are typically bone, joint, and nerve injuries, occurring when the baby is positioned awkwardly during delivery. These injuries do not include, however, genetic conditions that the child is born with.
- Clavicle Fractures. The clavicle (or collarbone) connects the chest to the shoulder. Fractures to the clavicle during delivery is not uncommon. Treatment is usually simple and may include strapping the arm to the chest for a few weeks.
- Brachial Plexus Injuries (Erb’s Palsy). The brachial plexus is a collection of nerves from the neck to the arm. Injury to these nerves may cause weakness in one of the child’s arms. Although the treatment is typically to let the nerves heal on their own, surgery may be recommended if the injury is still evident after 3 to 6 months.
- Femur Fractures. A femur fracture is also known as a broken thigh bone. This may occur if the baby’s leg is awkwardly twisted during delivery. Treatment for this injury may require a special harness worn for about 4 weeks.
- Growth Plate Fractures. Growth plate fractures are injuries to the area with the most rapid growth of the bones. This area has soft cartilage and is prone to injury. Treatment consists of protection of the area for a number of weeks.
Injury to the Mother
Although some injuries may be unavoidable during childbirth, mothers may also suffer birth injuries due to the negligence of medical professionals. If you believe your doctor was negligent and caused you unnecessary injury during childbirth, you may be entitled to compensation. Below are common birth injuries that mothers may suffer.
- Vaginal Tears. Vaginal tears are tears in the tissue around the mother’s vagina and perineum. Although relatively common during childbirth, some tears may be severe. In some cases, severe tears may require surgery.
- Post-Partum Hemorrhage. Post-partum hemorrhages occur when there is excessive bleeding following childbirth. This injury occurs in about 1 to 5 percent of women and is more common during cesarean births.
- Ruptured Uterus. Although uncommon, uterine ruptures are very serious. This injury may cause severe bleeding in the mother and may suffocate the baby.
If you have suffered an injury during childbirth, caused by the negligence of your medical professional, you may be entitled to compensation. Zinda Law Group birth injury attorneys have the experience necessary to help you with your lawsuit.
WHO CAN BE HELD LIABLE FOR A BIRTH INJURY?
If you or your child suffered an injury during the delivery process, you may be able to receive compensation for the injuries. Before you can file a lawsuit, however, you must determine who is at fault for the birth injuries. Below are examples of certain parties that may be liable:
Doctor Performing the Delivery
In many instances, the doctor who performed the delivery may be held accountable for his or her negligent actions. For example, if the doctor negligently used medical tools, resulting in injury to the child, that doctor may be found liable for the child’s injuries.
To receive compensation, you must prove that the doctor was negligent in his or her actions, and those actions resulted in the birth injury.
Nurses or Other Medical Professionals
Like doctors, nurses, and other medical professionals have a duty of care to their patients. If a nurse was negligent in using tools or administering medication, he or she may be held liable for any resulting injury to the child or mother.
Hospitals also owe a duty of care to patients. Although doctors and nurses have a duty to use equipment correctly, their failure to do so may be from the result of negligent oversight by the hospital administration. The hospital also has a duty to train their employees correctly and provide their staff with adequate equipment.
If it can be shown that the hospital administration was negligent in their hiring practices, staff training, or supervision, the hospital may be found liable for any injury resulting in their negligence.
If you or a loved one was injured during the delivery process, you may be entitled to compensation. Contact a Zinda Law Group attorney today to discuss your case and help you determine who is at fault for your injuries, or the injuries to your newborn child.
HOW A PERSONAL INJURY LAWYER MAY HELP
You may be wondering how birth injury lawyers can help you in your birth injury case. Our experienced Zinda Law Group attorneys can help you in almost all aspects of your personal injury case. We can talk to you about your situation and help you to determine if you or your child suffered from a birth injury. After we have determined that you have a case, we can help you file your lawsuit on time and begin to seek compensation for you or your child’s injuries.
Further, Zinda Law Group birth injury lawyers can help determine who is at fault for your injuries, contact the at-fault parties and notify them of your lawsuit, notify any medical malpractice insurers about your claim, and can hire expert witnesses to testify on your behalf.
Zinda Law Group attorneys have the ability and experience necessary to negotiate on your behalf, fight for you in court, and help get you the compensation you deserve for your injuries. We fight hard for each of our clients and give each case the individual attention it deserves.
CONTACT OUR EXPERIENCED BIRTH INJURY LAWYERS
If you or your child were injured during the birthing process, you may be entitled to compensation. A personal injury lawyer can help discuss your case, file your lawsuit, and help fight for your family. We believe that you should not have to worry about substantial legal fees while you are going through a difficult time, physically and emotionally. Medical bills add up very quickly and we understand that the last thing your family needs is to worry about legal costs. Therefore, we will cover all legal costs associated with your case upfront. You do not pay us for your legal bills and associated costs unless we are successful in gaining compensation in your birth injury case.
At Zinda Law Group, our birth injury attorneys have the knowledge and experience required to help with your birth injury lawsuit. Zinda Law Group attorneys are nationwide and available to discuss your birth injury case. We have the abilities necessary to negotiate a favorable settlement in your lawsuit or fight for you in court if a settlement cannot be made. Call us today at (800) 863-5312. We offer free consultations and work on a contingency fee basis.