Chandler Birth Injury Lawyer
A mother often goes through significant preparation for giving birth by attending routine doctor’s appointments and planning for a safe delivery. After long-awaited labor, discovering an infant is injured due to medical errors or malpractice can be devastating for the family of a new baby.
However, these situations are not very uncommon. In the United States, about 6 to 8 out of 1,000 infants are born with a birth injury. Additionally, almost fifty percent of birth injuries are avoidable when proper identification of obstetric risk factors and planning are considered.
If your infant has suffered a birth injury and developed a condition such as cerebral palsy due to negligence, hiring a Chandler birth injury attorney may help you best navigate a claim or lawsuit to recover a just settlement. At Feller & Wendt, our resourceful legal team and experienced personal injury attorneys are available to represent your case and hold liable parties accountable for their negligence.
Understanding the Nature and Proximate Causes of Birth Injuries
A birth injury occurs with trauma during the birthing process. If you gave birth in a hospital and were monitored throughout your pregnancy by medical professionals, they had a duty of care to treat and evaluate to the best of their ability. Birth injuries are often preventable, and the proximate causes vary between medication errors, failure to treat, or failure to diagnose.
Many birth injuries may be attributed to the following circumstances:
- Improper use of labor and delivery instruments
- Medication errors
- Failure to diagnose in maternity stages
- Failure to identify high-risk factors and complications
- Failure to prepare for C-section or delaying the delivery
- Errors in identifying umbilical cord status and hazards
Some conditions caused by a birth injury on the infant include:
- Brain or spinal injury
- Cerebral palsy
- Brain bleed
- Oxygen deprivation
- Stillborn/infant death
- Fractured bones
- Shoulder dystocia
- Bacterial meningitis
Doctors and other medical professionals in a team are responsible for caring for a patient and their infant before, during, and after labor. In some instances, birth trauma and injury may be attributed to a baby’s size, premature delivery, or if a baby is in the wrong birthing position. Other times, malpractice and errors on the part of a medical team may be the proximate cause of a birth injury and the resulting conditions an infant develops.
How Do I Know if I Should File a Birth Injury Claim?
When considering whether to pursue a claim, many parents are hesitant to initiate legal action after a birth injury because they are unsure of what may result. It may seem intimidating to sue or take legal action against a doctor, hospital, or other party involved because medical professionals and establishments often have legal teams available to refute any claims.
A Chandler birth injury lawyer will evaluate your case and help you determine claim eligibility by:
- Listening to your testimony and experience
- Reviewing any information and medical records you have available
- Determining if the elements of your case are eligible for a claim or lawsuit
- Researching any outstanding or pending allegations made against the liable parties
Suppose you have an eligible case because your child has suffered a birth injury and a preventable medical condition at the cost of another’s error in the obstetrics and delivery process. In that case, you have the legal right to file a claim or lawsuit. Regardless of their legal support, the negligent party may offer a settlement. Your best chance of obtaining the compensation you deserve is with an experienced attorney on your side.
The Impact of Recovering Compensatory Damages in a Settlement
You have a right to hold them accountable if you have suffered a birth injury or birthed an infant who sustained injuries because of the medical provider’s negligence. Recovering compensable damages helps parents care for their child while avoiding financial hardships and may add ease to recovering from apparent injuries.
You may receive compensatory damages for your child’s birth injury, including economic and non-economic damages. Filing a claim may lead to the recovery of medical bills, treatments, therapy, lost wages, and other monetary losses. Additionally, a Chandler birth injury lawyer can help value your claim to determine a just settlement regarding pain and suffering, emotional distress, and other damages that are not simply calculable.
Evidence of Medical Negligence in Birth Injury Cases
In any case or lawsuit, evidence is pertinent to building credibility, proving liability, and recovering damages. Medical records of your pregnancy, labor, and delivery are evaluated and used as admissible evidence in a lawsuit. Medical malpractice cases have elements of negligence to prove when proceeding with a claim and suit.
Elements of proving negligence in a birth injury include the following:
- A provider-patient relationship existed, and the liable party had a duty of care to act responsibly or reasonably.
- The responsible party breached their duty of care in some way by failing to meet the standard.
- The cause of the injury is directly related to the negligent acts of the provider and the liable parties.
- The harm caused actual damages such as costs for medical treatment, lost wages, and pain and suffering.
Types of evidence and proof an attorney may help gather for your case include:
- The medical records of your pregnancy, labor, and delivery
- Your baby’s medical records from birth, injuries, and follow-up care
- History of complaints or lawsuits made against the liable parties
- Expert witnesses and testimonies
If your child has suffered an illness, disability, permanent condition, or death due to the actions or lack of action taken by the facility and medical professionals, speaking with a Chandler birth injury lawyer may help you evaluate your case. By reviewing medical records, listening to your testimony, and assessing the case, a skilled attorney may help you build a solid chance of reaching a settlement.
Feller & Wendt May Help You Recover Rightful Compensation for a Chandler Birth Injury Case
As a result of enduring a birth injury, many people require support for conditions such as cerebral palsy that medical errors may induce. The effects of birth injuries affect not only children but also the parents and close family members of those injured. If your infant has suffered a birth injury, filing a claim against the negligent physician and other liable parties may help you recover the compensable damages to better provide for your child’s needs.
At Feller & Wendt, our legal team has helped and represented cases of personal injury, birth injuries, and medical malpractice for many years. Our knowledgeable Chandler birth injury attorney is eager to listen to your experience, review your case, and work to ensure you are guided in the right direction when filing a claim to recover total compensation. To schedule a free consultation, complete a contact form or call (408) 702-2277.