Peoria Birth Injury Attorney
When a newborn baby suffers a birth injury, there could be lifelong consequences, including delayed cognitive skills. If your child’s birth injury was caused by the negligence of a health care provider, you may be able to pursue compensation for any damages suffered.
Reach out to a Peoria birth injury attorney at Phillips Law Group. We have over 27 years of experience representing victims and their loved ones and have obtained more than $750 million in compensation on behalf of our clients. We helped recover $3 million in a medical malpractice case for brain damage. Founding partner Jeffrey Phillips is a member of the National Brain Injury Trial Lawyers – Top 25.
Our firm offers a free, no obligation consultation to discuss your claim with us and to help you determine the next steps that may be available to you. If you work with us, our services are provided on a contingency fee basis, which means that there are no upfront costs or attorneys’ fees. We only get paid if we help you obtain compensation.
What Is a Birth Injury?
It is important to understand that there is a difference between a birth injury and a birth defect. A birth injury happens during the labor or delivery process of a baby. If the baby is deprived of oxygen for up to six minutes, the baby can suffer severe brain damage, which can result to a permanent disability.
A birth defect often occurs while the baby is still in the mother’s womb. It is unrelated to a doctor’s actions.
Common preventable birth injuries include:
- Erb’s palsy
- Cerebral palsy
- Brain bleed
- Klumpke’s palsy
- Shoulder dystocia
- Untreated jaundice
- Broken bones
- Spinal cord injury
- Internal bleeding
Birth injuries can last a lifetime and cause the child to lead a much lower quality of life. Some children with a birth defect may need assistance to handle simple tasks in their lives like eating and walking.
What Causes a Birth Injury?
The first moments of a child’s life is the most vital as the slightest error can have a deep impact on his or her well-being. Some causes of birth injuries may include:
- Failing to identify signs of distress – The baby must be closely monitored during the labor process. Any signs of distress, like lack of oxygen, should not go unnoticed. That is why it is important that health care providers recognize these signs early on.
- Failing to order a C-section (Caesarean section) when necessary – When a C-section is not performed when necessary, it can endanger the baby and mother’s life. C-sections may be necessary when labor is too difficult to follow naturally.
- Incorrect use of forceps – When a baby is positioned incorrectly, such as heading feet first down the birthing canal, doctors may have to use forceps tools to reposition the baby for safe delivery. However, if the doctor is not careful, the tool can cause serious injury to the baby, like nerve damage.
- Incorrect use of a vacuum extractor – When a mother is having trouble pushing the baby through the birth canal, a vacuum extractor may be used. It is a tool that is placed on the baby’s skull, but if the tool is placed in the wrong spot, it can cause the baby to suffer significant injury.
- Providing the mother with unsafe medication before, during or after giving birth – It is important that the mother not be provided medication that can have a negative effect or have severe side effects.
- Failing to provide treatment for infections – It is important to spot infections in the mother and the baby. This should be treated rapidly, if not treated correctly, the baby can suffer long-term disabilities.
Health care providers are trained to properly carry out these medical procedures. If the baby suffers a birth injury, the factors above will be properly assessed to determine if medical malpractice is the culprit of the injury.
These cases are complex. It is important to reach out to an experienced attorney who understands how to tackle these kinds of cases. Our firm is available to discuss your claim 24 hours a day, seven days a week.
Call today to speak to an experienced attorney at 1-800-706-3000.
What Is the Value of My Birth Injury Case?
The potential value of your case will depend on your situation and the severity of injuries your child has suffered. However, each claim is different from one another and if you have a case, our lawyers may be able to fight for the following types of monetary compensation:
- Past, current and future medical bills
- Cost of surgery
- Physical therapy
- Speech therapy
- Assistive medical equipment, such as wheelchairs
- Prescription medication
- Medical testing
- Transportation costs to and from doctor visits
- Stays in the hospital
- Psychological counseling
- Home accommodations to suit your child’s disability
We may also be able to pursue compensation for the physical and emotional trauma your child experiences and that you experience over your child’s suffering, such as:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
We understand that this is a difficult situation. Our Peoria birth injury attorneys know how to calculate the value of these damages to try and seek maximum compensation.
How Can a Lawyer From Phillips Law Group Help Me?
Medical malpractice cases are highly complex and most physicians are protected by their insurance policy. However, our lawyers understand how to deal with insurance companies and are aware of the tactics they may use to devalue your claim.
We have a team of investigators, paralegals and support staff ready to review medical records and consult with medical experts to determine the physician’s actions during labor and delivery. This includes standard procedures and protocols for providing medical care.
We also know how to thoroughly investigate the situation in order to collect evidence to help build a strong case. We are aware of state and federal laws and how to apply them in certain situations. If you have a case, we are prepared guide you every step of the way.
Is There a Time Limit to Take Legal Action?
In Arizona, medical malpractice cases, including birth injuries, must be filed within two years, starting from the date the birth injury took place. It is important that you file a claim before the two-year deadline, as claims filed after this deadline may be dismissed and you will miss out on the opportunity to pursue compensation.
However, some birth injuries may not be obvious right away, and it may take weeks or months before your child shows symptoms of an injury. In this case, the two-year deadline may not begin until the injury is discovered or should have reasonably been discovered.
Contact Our Peoria Birth Injury Attorneys for a Free Consultation
For more than 27 years, Phillips Law Group has been protecting the rights of injury victims and their families. We have recovered over $750,000,000 for clients throughout Arizona.
Our firm is prepared to review your situation during a 100 percent free consultation. Let us discuss your claim and determine the best course of action for you to take. There is no obligation to take legal action and no upfront fees if you decide to move forward.
We are available 24/7. Call 1-800-706-3000.