A birth injury is a physical injury that occurs during labor or delivery, often due to medical errors or negligence. If your child has suffered a birth injury, you may be entitled to compensation through a birth injury lawsuit. A birth injury medical malpractice lawyer in Tucson, AZ, can help guide you through the legal process and ensure you receive the justice and compensation you deserve.
Let’s outline the key steps involved in filing a birth injury lawsuit, how to determine if you have a viable case, and how our team at Snyder & Wenner, P.C. can assist you in pursuing legal action.
What Is a Birth Injury Lawsuit?
A birth injury lawsuit is a legal claim made when a newborn suffers an injury due to a healthcare provider’s error during labor or delivery. Birth injuries can result from various factors, such as improper use of medical tools, failure to monitor the baby’s health, or negligence during the delivery process.
In some cases, these injuries may be preventable if medical professionals adhere to the correct standards of care. When an injury occurs due to medical negligence, a lawsuit may be the best option for securing compensation for medical expenses, pain, suffering, and long-term care needs.
What Are the Common Causes of Birth Injuries?
Birth injuries are often caused by errors made by healthcare providers during the labor and delivery process. Some of the most common causes of birth injuries include:
1. Improper Use of Delivery Instruments
Tools like forceps and vacuum extractors are often used during difficult deliveries. However, if used improperly, they can cause serious injuries to the baby, including brachial plexus injuries or cephalohematoma.
2. Failure to Monitor the Baby’s Oxygen Levels
Inadequate monitoring of the baby’s oxygen levels during labor can lead to hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation. This type of injury can result in long-term developmental issues or even death.
3. Delayed C-sections
A delayed or improper decision to perform a C-section can lead to birth injuries, particularly in cases of fetal distress or shoulder dystocia. Failure to act quickly may result in severe brain injuries, fractured bones, or nerve damage.
4. Excessive Force During Delivery
Excessive force during the delivery process can cause fractures, nerve damage, or other injuries. In some cases, the improper handling of the baby during delivery can cause cerebral palsy or other long-term conditions.
If you believe your child’s birth injury was caused by an error during labor or delivery, it’s important to consult with a birth injury lawyer to determine whether you have a valid case for a lawsuit.
How Do I Know If I Have a Valid Birth Injury Lawsuit?
To determine whether you have a viable birth injury lawsuit, it’s essential to assess the error or negligence that caused the injury. There are several factors to consider when evaluating the strength of your case:
1. Proof of Medical Error
You must show that the injury was caused by a preventable error made by a healthcare provider. This may include errors during the delivery process, improper monitoring, or failure to perform necessary medical procedures.
2. Causation
You must demonstrate that the medical error directly caused the birth injury. This may involve medical records, expert testimony, and evidence from the delivery team.
3. Damages
You must show that the injury resulted in significant damages, such as medical expenses, pain and suffering, emotional distress, or long-term care needs. The more significant the damages, the stronger your case.
A birth injury medical malpractice lawyer can help you gather the necessary evidence, assess the extent of the injury, and determine whether you have a valid legal claim.
What Are the Legal Steps in a Birth Injury Lawsuit?
The process of filing a birth injury lawsuit typically involves several key steps. Here’s an overview of what to expect when pursuing a birth injury claim:
1. Consultation with a Birth Injury Lawyer
The first step is to consult with an experienced birth injury lawyer to discuss the details of your case. During this consultation, we will review your medical records, assess the severity of the injury, and determine if medical error played a role.
2. Investigation and Expert Opinion
After determining the potential for a lawsuit, we will conduct a thorough investigation to gather evidence. This may involve consulting with medical experts who can testify about the standard of care and how the error led to the injury.
3. Filing the Lawsuit
Once we have gathered enough evidence, we will file the lawsuit on your behalf. This includes preparing the necessary legal documents, outlining the claims, and specifying the damages being sought.
4. Negotiation or Trial
Many birth injury lawsuits are settled out of court, but if a fair settlement cannot be reached, we are prepared to take your case to trial. Our team will work tirelessly to ensure that you receive the compensation you deserve for your child’s injury.
How Can Snyder & Wenner, P.C. Help?
At Snyder & Wenner, P.C., we understand the challenges that families face after a birth injury. Our team of experienced birth injury attorneys is dedicated to helping you navigate the legal process and secure the compensation needed for your child’s ongoing care. Our experience and expertise in birth injury cases has resulted in record-setting settlements and the largest medical malpractice verdict in Arizona history (Griepentrog v. Banner Health).
We will help you by:
- Investigating the cause of the injury
- Consulting with medical experts
- Gathering evidence to support your case
- Negotiating with insurance companies
- Representing you in court if necessary
We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Get the Legal Help You Need Today
If your child has suffered a birth injury due to medical error or negligence, don’t hesitate to seek legal help. A birth injury medical malpractice lawyer can guide you through the process and help you secure the compensation you deserve for medical bills, pain and suffering, and long-term care needs.
At Snyder & Wenner, P.C., we’re here to help you every step of the way. Contact us today for a consultation to learn more about your legal options.If your child has suffered a birth injury, it’s important to act quickly. Call us at (602) 224-0005 to schedule a consultation and get the legal support you need.
