If you or your child has been injured due to medical malpractice during childbirth, our Birmingham, AL birth injury lawyer can help you. Childbirth is a wonderful, happy occasion, but if complications arise, there is risk of injuries to the mother and child. If the healthcare professionals that you have entrusted your care to fail to provide proper care, then you may be able to file a claim of medical malpractice.
Contact Marsh, Rickard & Bryan, LLC today to schedule an appointment and find out how we can help you with your case.
Understanding Birth Injury Claims
There are many different types of injuries that can occur to a child during childbirth. A newborn can develop cephalohematoma, cerebral palsy, perinatal asphyxia, caput succedaneum, erb’s palsy, spinal cord injuries, kernicterus, fractures, nerve injuries, and other injuries and conditions due to the negligence of doctors and other healthcare professionals. If your child has developed one of these conditions due to the negligence of a healthcare professional, then you can file a claim of medical malpractice and seek compensation for the injuries that have resulted from improper care.
If a healthcare professional has failed to provide a standard of care and is liable in the resulting injuries, a Birmingham birth injury lawyer can help you. To have a successful claim and receive compensation, liability must be proven. a healthcare professional may be liable for resulting injuries are if they failed to diagnose or detect a condition in your newborn, failed to recognize distress in the newborn or the mother, failed to address complications that arose during labor, failed to perform a C-section when it was necessary, provided negligent prenatal or neonatal care, provided negligent use of vacuum extraction or forceps, improperly administered Pitocin or other medication, or acted negligently in another way that caused complications and injuries during labor or delivery.
How a Birth Injury Lawyer Can Help
A birth injury lawyer can help you through every step of the process of filing a medical malpractice claim. They will first consult with you on your case, the specifics of the improper care you received, and the details of the injuries that resulted from that negligence. Then, they will gather evidence surrounding the specifics of the care and injuries and use this evidence to build and file a strong and effective claim of medical malpractice. It is their job to negotiate and fight for you and the compensation that you deserve.
Seeking Compensation
An injury resulting from childbirth can be devastating and have a number of long-term effects. A good Birmingham birth injury lawyer will strive to maximize the compensation you receive in order to help you bear the burden of the costs incurred by any injuries. Costs such as present and future medical expenses, physical therapy, special education and care needs, lost wages resulting from increased childcare needs, emotional distress, and pain and suffering can potentially be received in a medical malpractice case.
Choosing the Right Representation
A good lawyer will not only have extensive experience and knowledge of childbirth injuries but also a passion for you and your case. In a difficult time, it is important to know that you have a lawyer fighting for you and your rights and working hard to obtain compensation that will help you and your child live the best, most fulfilling life possible. If you are prepared to move forward with a medical malpractice claim in the case of a birth injury and are looking for a lawyer that checks all those boxes, contact Marsh, Rickard & Bryan, LLC today.
Birth Injury Legal Representation
Birth injuries, often devastating, can occur during pregnancy, labor, delivery, or shortly after birth. These injuries range from mild to severe, impacting a child’s life and the family’s emotional and financial well-being. Legal representation in these cases plays a crucial role in seeking justice and compensation for affected families. It is crucial to have our Birmingham, AL birth injury lawyer on your side so that you can get the right amount of compensation and representation for your case. The lawyers at Marsh, Rickard & Bryan, LLC would be happy to meet with you to determine if you have a meritorious case.
Types Of Compensation In Birth Injury Cases
Families impacted by birth injuries may seek various forms of compensation. Financial recovery can include medical expenses, both current and future, related to the child’s condition. This encompasses costs for surgeries, therapies, and long-term care needs. Additionally, compensation for non-economic damages like pain and suffering, emotional distress, and loss of life’s enjoyment is also considered. In some cases, punitive damages are awarded to penalize negligent parties and prevent future misconduct.
Long-Term Impacts Of Birth Injuries
The effects of birth injuries can be far-reaching. Physically, a child may face lifelong disabilities, requiring ongoing medical attention and assistance. Emotionally, the psychological impact on the child and family members can be profound, affecting their overall quality of life. Financially, the burden of continuous medical care and potential loss of income if a parent must become a full-time caregiver can be significant.
Medical Conditions Resulting From Birth Injuries
Birth injuries can lead to a spectrum of medical conditions, some of which may have lifelong implications. One of the most common conditions is cerebral palsy, a neurological disorder that affects muscle coordination and body movement. This condition arises due to brain damage sustained during birth, often impacting the child’s motor skills, speech, and overall physical development. Another significant condition is Erb’s palsy, a form of brachial plexus injury that occurs when the nerves in the baby’s neck are stretched or torn during delivery. This can result in weakness or paralysis in the affected arm, necessitating physical therapy and, in some cases, surgery for recovery.
Other conditions include perinatal asphyxia, which occurs when the baby does not receive enough oxygen before, during, or just after birth, potentially leading to neurological and developmental issues. Hypoxic-ischemic encephalopathy (HIE) is a serious condition associated with oxygen deprivation, leading to cognitive impairments and physical disabilities. In addition to these, infants may suffer from fractures, especially of the collarbone or clavicle, during a difficult delivery. These injuries, while often healable, can cause immediate pain and distress to the newborn. Each of these conditions not only affects the child’s health and development but also brings emotional and financial strain to the families, underscoring the importance of seeking appropriate legal and medical support. Our Birmingham birth injury lawyer understands how to gather evidence and present a compelling case to seek compensation for all the trauma you and your family have been through.
Taking The Next Step
If your family is facing the challenges of a birth injury, it’s vital to seek legal guidance promptly. Time is of the essence in these cases, both for preserving evidence and meeting legal deadlines. Reach out to a legal team that understands your needs and is committed to fighting for the compensation and justice your family deserves. Take the first step towards protecting your rights and securing your child’s future by scheduling a consultation with our skilled Birmingham birth injury lawyer today. Marsh, Rickard & Bryan, LLC is here to help.
Understanding Birth-Related Medical Cases
Birth-related medical incidents are both emotionally and physically challenging for families. Despite advancements in medical technology and practices, these incidents still occur and often lead to serious, long-term consequences. Here, we explore the vast experience of our Birmingham, AL birth injury lawyers, and cover various ways such incidents can happen, helping to shed light on the complexities and nuances of some scenarios.
Medical Professional Negligence
One of the primary reasons for complications during birth is negligence by medical professionals. This includes errors during delivery, delayed action in critical situations, or incorrect application of medical procedures. For example, failing to monitor the baby’s oxygen levels or heart rate properly can lead to severe brain injuries or death. These mistakes can stem from a lack of experience, failure to timely communicate vital information, or miscommunication among the healthcare team.
Inadequate Prenatal Care
The care a mother receives during pregnancy plays a crucial role in the health of both mother and child. Inadequate prenatal care can lead to undiagnosed conditions, which can cause complications during the birth process. For instance, if gestational diabetes is not identified or properly managed, it can lead to macrosomia (a larger than normal baby), which significantly complicates natural delivery and can result in injuries during birth.
Improper Use Of Medical Tools
The use of medical tools such as forceps or vacuum extractors requires precision and care. Improper use of these tools can lead to physical injuries to the newborn, such as skull fractures, brain injuries, or nerve damage. These tools are often necessary to aid the delivery process but require experienced hands to ensure the safety of the baby. Skilled Birmingham birth injury lawyers will know how to investigate.
Delayed Cesarean Section
A Cesarean section (C-section) may become necessary when a natural birth poses risks to the mother or baby. Delays in making the decision to proceed with a C-section can lead to critical delays that endanger the baby’s health. Reasons for delay can include misjudgment of the baby’s distress level, reluctance to perform a surgical procedure, or organizational issues within the healthcare facility.
Pharmaceutical Errors
Medication administered to the mother during labor and delivery must be carefully managed to avoid affecting the baby adversely. Errors in the type, dosage, or timing of medication can lead to severe complications. For example, excessive use of oxytocin to induce labor can cause unnaturally strong and frequent contractions, which may distress the baby.
Communication Failures
Effective communication is vital in the delivery room. Miscommunication or lack of communication can lead to critical delays and mistakes. This includes failure to share important patient history, misunderstandings about the severity of a situation, or unclear instructions about necessary interventions.
How You Can Address These Issues
If you believe that your family has been affected by any of these situations, it’s important to seek knowledgeable guidance. Speaking with a lawyer who specializes in medical-related legal cases can provide you with the information and assistance you need to navigate these complex situations. Our firm is dedicated to supporting families affected by such incidents, ensuring that they receive the justice and compensation they deserve.
Please feel free to reach out to our office for a consultation with our Birmingham birth injury attorney to discuss your specific circumstances. Marsh, Rickard, & Bryan, LLC is here to help you understand your rights and options moving forward.
Birth Injury FAQs
What Role Does Expert Testimony Play In Birmingham Birth Injury Cases?
Expert testimony in birth injury cases serves a critical role in assessing whether medical negligence occurred. Experienced medical professionals, often retained as experts by birth injury lawyers, analyze medical records, witness testimony,treatment procedures, and outcomes to provide informed opinions. Their testimony is pivotal in court, helping to establish whether the healthcare provider adhered to the appropriate standard of care. Expert witnesses offer specialized knowledge and insights that are essential in demonstrating whether errors or negligence led to the birth injury.
Can I Sue If My Child Has A Birth Defect Or Disability?
Whether you can sue depends on whether the birth defect or disability resulted from medical negligence. Not all birth defects or disabilities are caused by malpractice. Birth injury lawyers assess the specific circumstances of each case to determine if medical negligence occurred during childbirth. If negligence occurred, you may have grounds to file a lawsuit seeking compensation for the harm caused to your child due to medical malpractice.
How Long Does A Birth Injury Lawsuit Typically Take?
The duration of a birth injury lawsuit varies widely depending on factors such as the complexity of the case, venue, court schedules, and other factors. Some cases may reach a resolution within several months through negotiations or mediation, while others might extend over several years if they proceed to trial. While the legal team at Marsh | Rickard | Bryan, LLC strives for a quick resolution for your case, we also recognize the value of taking the proper time and care that the case deserves, and are ready to try the case in court if the medical providers are unwilling to pay fair value for the harm they caused.
What If My Child’s Birth Injury Occurred Many Years Ago?
If your child’s birth injury occurred many years ago, you may still have legal options depending on the statute of limitations in your state. It’s crucial to consult with a birth injury lawyer promptly to determine whether you can pursue a claim. While statutes of limitations vary, some states provide extended periods for birth injuries and minors.
What Should I Do If I’m Unsure Whether I Have A Birth Injury Case?
If you’re uncertain whether you have a birth injury case, it’s essential to consult with a birth injury lawyer for clarity. They can evaluate your situation, review medical records, and discuss the circumstances surrounding the birth to determine if medical negligence played a role. Experienced attorneys in this field can provide insight into the legal aspects of your case, explain your rights, and advise you on the next steps to take. Taking prompt action allows you to gather the necessary evidence and pursue compensation if medical malpractice is found to be a factor in your child’s injury.
Birth injury cases may be among the most tragic types of personal injury claims and can be some of the most difficult to litigate. You and your family deserve vigorous advocacy and skilled legal advice to help you assert your legal rights. We can help you get there. Contact Marsh | Rickard | Bryan, LLC, today for a free consultation with an experienced Birmingham birth injury lawyer.
