Avondale Birth Injury Attorneys
Your child’s birth injury may have been caused by a doctor’s negligent, careless actions during pregnancy, labor or the delivery of your child.
Negligent medical professionals should be held liable, and victims should receive compensation for the damages they have suffered and may suffer in the future. Parents of a child with a birth injury know how devastating these injuries can be.
An Avondale birth injury lawyer from Phillips Law Group may be able to pursue compensation and is prepared to review your situation in a free legal consultation. Over more than 27 years, our firm has obtained more than $750 million in compensation for our clients. Founder Jeff Phillips has obtained compensation in several Arizona counties and served as lead counsel in more than 40 jury trials. He is also a Leaders Forum member of the American Association for Justice.
There are no upfront fees for our services and our phone lines are always open for your call. 1-800-706-3000
Is There a Valid Case?
Medical malpractice cases, including those involving birth injuries, are complicated. Your attorney often needs to consult medical experts to determine when the at-fault party deviated from the accepted standard of care and how this is linked to the injury suffered.
There are so many things that go on during pregnancy, labor and delivery, it can be difficult to prove an injury exclusively resulted from a health care provider’s negligence and not some other cause, like a pre-existing condition.
That is why you need an experienced attorney to represent your claim. At Phillips Law Group, we have access to medical experts to help validate a case and our legal team is prepared to launch a thorough investigation to gather evidence, such as medical records, interviews with witnesses, and pictures of your child’s injuries.
Learn more about how we might be able to assist you during this difficult time. Call 1-800-706-3000.
What is a Birth Injury?
Birth injuries happen during the birthing process and can have many causes, such as the doctor’s negligence in failing to monitor signs of fetal distress or order a C-section to get the baby safely out of the womb.
There are many different birth injuries that could have resulted from a doctor’s malpractice:
- Oxygen deprivation
- Brain bleeds
- Collarbone fractures
- Facial nerve damage
- Nerve damage in the shoulder
- Trouble breathing
- Spinal cord damages
- Brain injuries
These and other injuries could result in various medical conditions that may be difficult to manage, such as cerebral palsy or Erb’s palsy. Cerebral palsy could result in lifelong cognitive problems, speech difficulties, trouble walking and learning and require physical therapy and many other types of therapy throughout the child’s life.
What is the Difference Between a Birth Injury and Birth Defect?
A birth defect does not result from the doctor’s negligence. Birth defects are structural defects that are present at birth that could affect various parts of the body, from the heart and brain to the hands and feet. Like birth injuries, defects can range from mild to severe.
Many of the birth defects we see happen early in the pregnancy when the baby’s organs are just beginning to form. Many times doctors do not know the cause of a birth defect. Other times it could be caused by the mother drinking alcohol during the pregnancy.
Damages in a Birth Injury Case
If we validate your claim, our Avondale birth injury lawyers may be able to pursue compensation for various damages, particularly the cost of medical treatment and management of your child’s birth injury. For example, this may include the cost of:
- Surgical procedures to correct a defect or make it easier to manage
- Prescription medication to manage things like pain and seizures
- Speech therapy
- Occupational therapy
- Medical equipment to aid in mobility, such as wheelchair, powerchair or crutches
- Medical tests
- Home modifications to accommodate your child’s mobility challenges
The above damages are considered economic damages, which means they have a monetary value assigned. Non-economic damages may also be available, and they do not have an assigned value. These damages are based on the evidence presented, such as the child’s account of pain and suffering, medical reports, testimony from doctors and economic experts, and other evidence.
Our attorneys may be able to pursue compensation for things like pain and suffering and lost enjoyment of life.
Discuss your damages with a licensed attorney in a free consultation. Phone: 1-800-706-3000.
Benefits of Hiring an Attorney
Injury victims who hire attorneys often recover more compensation than those who do not hire an attorney. The attorneys at Phillips Law Group have the resources to thoroughly investigate these complex cases and determine the full value of damages.
While many medical malpractice claims are resolved through malpractice insurance settlements, our lawyers are also prepared to go to court. We have the resources and trial experience to take a case all the way to a jury to attempt to recover the justice and compensation our clients are seeking.
Hiring an experienced attorney helps to level the playing field against doctors, insurance companies and others on the side of the at-fault party who are looking to avoid liability and pay out less-than-fair compensation.
You can learn more about the benefits of legal representation in a free consultation.
How Much Time Do I Have to File a Claim?
Medical malpractice cases have a two-year deadline, that means you must file within two years of the date of the injury. Sometimes, victims may be able to file within two years of the date the injury was discovered, which may be different from the date the injury occurred. However, this may be hard to prove and is something that should be discussed with a licensed attorney.
If you miss the deadline for your claim, you may lose the right to file a claim. That is why it is important to reach out to a lawyer as soon as possible.
Liability for a Birth Injury
Doctors are not the only ones who could potentially be held liable for birth injuries. Nurses, assistants, anesthesiologists, hospital staff and even pharmaceutical companies could be liable for birth injuries.
Sometimes multiple parties could share liability for a birth injury. If your claim is successful, each party would be responsible for its percentage of fault.
Hospitals could potentially be held liable for a birth injury, under the legal theory of vicarious liability. However, this only applies to employees of a hospital and doctors are often independent contractors.
There are many factors that must be considered to determine if a doctor is an employee or independent contractor.
How Fast Injuries May Occur
Injuries could happen in just minutes, and the child could be affected for the rest of his or her life. Cerebral palsy may result from just a few minutes of oxygen deprivation during labor or delivery of the child.
What Contributes to an Injury?
There are many risk factors for birth injuries, and doctors should take an accurate patient history to determine if these risk factors are present. If doctors do not account for these risk factors and take steps to mitigate them, they could be held liable for injuries that result.
Some of the common risk factors for a difficult birth include:
- Abnormally large infant (more than eight pounds and 13 ounces)
- Long or difficult labor
- Mother being overweight
- Premature birth
- Small size of the mother’s pelvis
- Improper positioning of the fetus before delivery
- Premature labor
- Using delivery tools, such as forceps or vacuum extractors
- Excessive pulling on the arms or legs during delivery
While being unprepared for these risk factors may be one form of medical malpractice, others could include:
- Not doing a C-section when necessary
- Not treating infections in the mother
- Prescribing medication that causes side effects in the mother that affect the baby
- Not monitoring the baby for signs of distress, such as elevated heart rate, rapid breathing, or lack of oxygen
Call Today to Set Up a Free Consultation With an Avondale Birth Injury Lawyer
You may have legal options, and it is important to discuss the situation with a licensed attorney who can determine what those options may be.
Compensation can be very important to help you fund the medical treatment your child needs to either overcome his or her illness or manage his or her symptoms. Over more than two decades, Phillips Law Group has represented more than 155,000 clients and obtained more than $750 million in compensation, including verdicts in several Arizona counties.
The initial consultation is free of charge and there is no obligation to file a case if we validate your claim. You will not be billed for hiring our attorneys to represent you unless you receive compensation. There is no risk to you in calling to discuss your situation.
Phillips Law Group: 1-800-706-3000.