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Birth injury to the mother. However, if left untreated, these complications can lead to more serious injuries or even death. Newborns suffer preventable birth injuries in the United States every year; estimates place the rate of birth injuries between 0. It costs you nothing to find out if you have a birth injury case, but the results could be life-changing. Can you sue a hospital for traumatic birth effects. Sylvester Stallone was notably delivered with two forceps, and one side of his face was permanently paralyzed. In South Carolina, what kind of damages can birth injury victims seek? Certain factors, like the baby's size, the mother's underlying condition(s), and the mother's history of childbirth make a difference. Or, the mother's pelvis may be the wrong size or shape for an easy delivery, resulting in prolonged labor. Spinal cord injuries. Spinal Epidural Errors. About 85, 000 medical malpractice cases are filed each year in the United States, with the average case paying $1 million for a child less than 1 month old.
Failing to notice these ailments early can also cause undue pain for the baby and mother. Injuries to nerves in the arms and hands can occur when there's trouble delivering the baby's shoulder. The amount of time you have to file a medical negligence claim depends on a few different factors. It can override a discovery rule. If not treated, these conditions can lead to serious complications during birth and may cause a lifelong birth injury. Tennessee has the 6th highest infant mortality rate in the country, according to the Centers for Disease Control & Prevention (CDC). Can you sue a hospital for traumatic birth care. Financial recovery translates into money that can prove vital to meeting the ongoing medical care needs of your child. Oxygen deprivation: Failing to properly monitor an infant during and after birth can lead to brain injuries from oxygen deprivation. If your doctor was a hospital employee, it will be easier to sue the hospital for a traumatic birth injury. If your baby was injured during labor or delivery, you may be entitled to compensation. If the defendants deny responsibility for the birth injury, the case will go to trial. If you experienced any of these complications during the birthing process, you may be able to file a medical malpractice lawsuit against negligent medical providers. Get your case reviewed for free right now.
In a worst-case scenario, a statute of repose can cause your lawsuit window to close before you even know you have a reason to file one. If the injury is severe, it can lead to physical or mental impairment that affects the baby for their entire life. There is nothing more exciting for a family than the birth of a child. Evidence Needed in Birth Injury Cases | Raynes & Lawn. Facial paralysis: Pressure on the facial nerve (as the seventh cranial nerve is called) can cause paralysis in the baby's face, which usually heals itself in a few months. This web site is designed for general information only. The determination as to whether an individual infant qualifies for compensation under the NICA plan is made by an administrative law judge. This information is required by law to be provided by the physician prior to treatment, including providing a brochure to patients that explain the NICA program. We can provide you with a free case evaluation and explain the legal remedies that might be available.
The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Website publisher. Eyewitness Testimonies.
An attorney will work with other obstetricians, pediatricians, nurses, financial experts, and other skilled professionals to determine if malpractice occurred and establish the compensation that a victim is owed. However, certain complications during childbirth caused by medical negligence can result in lifelong disabilities for the child. We offer a free case evaluation, and handle cases on a contingency fee basis, which means we never get paid until we recover money for you. These individuals are trained to identify departures from standard procedures and diagnostic protocols. A birth injury occurs because of negligence by a medical professional, resulting in harm to the mother or child. Acute trauma from car accidents. Lost parental wages. It can be developed during birth or be caused by a brain injury during pregnancy, or immediately following pregnancy. If you suspect your child has experienced a traumatic birth injury, don't wait. Can you sue a hospital for traumatic birth vs. Vigorously representing South Carolina clients in a variety of birth injury cases.
The extent and severity of the damages you and your child experienced will influence which type of damages and the amount of damage awards that you may receive. We'll examine some of the most common birth injury situations and how medical malpractice could play a role. Many are caused by the unavoidable effects of a difficult childbirth or certain maternal risk factors. The first thing to understand is that if medical malpractice played a role in the birth injury, you are eligible to recover damages not only for your child's injury but for yours as well. Reduced earning capacity. Contact our Knoxville birth injury lawyers to discuss your legal options and seek justice in your hedule Your Free Consultation Today. Examples of medical malpractice that could lead to a birth injury include: - Applying excessive force to the baby during delivery. Here are some examples: 2 Physical Injuries to the Mother. Caroline Malatesta of Birmingham, Alabama sued her hospital "for offering her an opportunity to have a natural, 'personalized' birth — but ended up being restrained by nurses during labor to the point of suffering intense physical and emotional injuries. Know Your Rights After a Traumatic Birth Injury. A birth injury is damage that occurs when a baby or mother is harmed or left untreated for illness before, during, or just after delivery. Related Resources: You Don't Have To Solve This on Your Own – Get a Lawyer's Help.
However, as with any medical malpractice case, victims bringing birth injury claims have to show that the medical care professional's actions deviated from the accepted standards of care in that professional's specialty and location. Birth defects are often the result of genetic abnormalities, or hereditary in some way. Babies born prior to the 37th week of gestation are considered premature and have a higher risk of birth injury. Unfortunately, many families are not prepared for the medical expenses for treating conditions caused by birth injury medical negligence. We can also visit you at your home if you wish. Ready to discuss your case? The difference between a birth injury and a birth defect is an important legal distinction. In both of these situations, the clock does not start ticking in discovery rule states until you "discover" an injury occurred and someone else was responsible. Compensation from a birth injury claim can greatly ease the emotional and financial burdens placed on families affected by medical negligence. If the baby is too large to make it through the mother's pelvis, then a C-section should be scheduled beforehand. Every state has a statute of limitations for birth injury lawsuits, and these laws can be highly complex. The best birth injury lawyers know, your case is about more than just million dollar settlements and court verdicts - achieving justice matters when your precious child was hurt and it could have been prevented.
Mothers may also be harmed if doctors leave disposable medical supplies or medical equipment inside them after a cesarean section. Erb's palsy develops when the brachial plexus nerves are damaged. The expenses involved with providing round-the-clock care, tutoring, and/or special schooling for your child. This allows time to fully assess the damages experienced by the child. Facial paralysis: If forceps or vacuum extraction is used improperly at the time of birth, it could hurt a facial nerve in the baby and cause facial paralysis. Likewise, if the baby is in an abnormal birthing position, a C-section might be safer than trying to tug him into place, risking spinal cord damage in the process. Nevertheless, mothers can also sustain serious injuries during childbirth when care providers act negligently or recklessly. When complications happen, it can come as a shock when the process isn't as safe as you've been led to believe. One of which occurred when she was demanded to go onto her back by nurses who forced her son's crowning head inside of her for six whole minutes while they waited for the doctor to show up. Don't let the malpractice insurers for the hospital or physicians bully you into keeping silent. This is one of the first items that our attorneys will request from the hospital. Failing to recognize and respond to umbilical cord entrapment.
Failure to Diagnose and Treat Placental Abruption. Parents are particularly at risk of PTSD after birth if they suffered a stillbirth or neonatal death. For example, a lack of oxygen damaging the motor areas of the brain, leading to cerebral palsy, or untreated jaundice leading to kernicterus, a buildup of toxicity in the baby's system that causes brain dysfunction. If your case does not settle and you do not obtain a verdict after trial, you will not owe us any attorney fees. There is any number of issues that may arise that no one would expect, no matter how advanced the technology leading up to and during the birth. In such cases, it's important to get a second opinion and consult with a third party about your child's injury, condition or developmental delays. However, when a medical professional fails to act within the standard of care and a child is injured during delivery, that medical professional could be guilty of medical malpractice.