Birth injuries are most often caused by medical malpractice or poor medical care, and typically occur in a hospital. These injuries can range from minor injuries, such as bruises and scrapes, to more severe injuries that may require lengthy hospitalizations and long-term recovery.
According to the U.S. Centers for Disease Control, about 1 in 100 babies is born with a birth injury. These can include problems with your baby’s organs, such as congenital heart defects or cerebral palsy, injuries to your baby’s muscles, bones, and joints, or other physical injuries. Birth injuries occur due to unsafe practices during labor and delivery, called obstetric trauma.
Birth injuries are one of the most common causes of litigation in American courts. They can also be some of the most challenging types of cases to prove. The complexity lies in demonstrating the extent to which the malpractice contributed to the injury, if it did not outright cause it .
If you are injured during childbirth, you need an experienced birth injury lawyer on your side to ensure you win your birth injury case. A birth injury lawyer will work hard to build a case against any negligence or malpractice alleged against your physician or other health care providers involved in your care.
At Peterson & Associates, P.C., our Springfield birth injury attorneys can help you get the compensation and justice you deserve. Contact our Springfield personal injury law firm today for a free case evaluation.
Have you or your child suffered birth injuries due to medical negligence in Springfield, MO? Our Springfield birth injury lawyers at Peterson & Associates, P.C. can help you get the compensation and justice you deserve. Contact our Springfield personal injury law firm for a free case evaluation.
What is a Birth Injury?
A birth injury is an injury the mother or baby sustains during delivery. The most common types of birth injuries include tearing, bruising, and lacerations to the skin, but other injuries can also occur.
Birth injuries can happen at any stage of labor and delivery, but they are more common when forceps or vacuum extraction is used in the delivery process. In addition to physical damage, birth injuries can result in emotional trauma for both the mother and child.
You may be entitled to compensation if you or your child have suffered birth injuries due to medical negligence. Contact a Springfield personal injury lawyer at Peterson & Associates, P.C., to get started on your case.
What are the Causes of Birth Injuries?
Birth injuries can result from several factors, including:
- Unsafe Medical Techniques During Birth: Medical interventions during childbirth can lead to severe injuries. These include blood clots, obstructed labor, and even death. If a medical professional is not experienced in performing an intervention, it’s better to wait until you have a certified professional helping you.
- Inappropriate Design of Medical Equipment: Medical equipment design can cause birth injuries. For example, a piece of medical equipment that is too small or too big for the intended use can put the mother at risk for injury. Medical equipment can also be poorly designed if it does not meet user needs and expectations. For instance, a hospital bed may be too short for the user to easily get in and out of it, which could lead to a fall and injury. A lack of standardization in medical equipment design could lead to improper sizing or features that make the equipment more dangerous than necessary. Inappropriate sizes of hospital beds, IV poles, tables, and chairs can lead to mothers falling from them or straining their muscles trying to climb into them. The wrong kind of tubing used in medical equipment can lead to infections because it can become damaged easily and cause blood clots or leakages.
- Delays in the Proper Diagnosis and Treatment of a Medical Condition: A delay in diagnosis or treatment can have serious consequences for a pregnant woman, including the risk of complications during pregnancy and increased risk of birth injuries after delivery. A delay in diagnosis or treatment can also negatively impact the health of the mother and baby throughout the pregnancy, potentially causing health problems down the line.
- Improper Use of Anesthesia: Birth injuries can also happen if anesthesia doesn’t work correctly, causing too much pain for the baby.
Other causes of birth injuries include:
- Inappropriate medications
- Failure to follow up on medical care or provide proper follow-up care.
Types of Birth Injuries
A birth injury is typically defined as any injury during the birthing or post-delivery period. This includes injuries caused by forceps, vacuum extractors, and other instruments used in labor and delivery.
There are many types of birth injuries, but here is a list of some common ones:
- Cerebral Palsy: Cerebral palsy is a condition that results from brain damage caused by a lack of oxygen to the brain. Cerebral palsy can cause muscle spasms or uncontrolled movements, difficulty walking, impaired speech, intellectual disability, and seizures.
- Cord Prolapse: Cord prolapse is a condition in which the cord portion of the umbilical cord slips through the birth canal and protrudes into the abdominal cavity.
- Shoulder Dystocia: Shoulder dystocia, also known as shoulder overlap, is a medical term used to describe the birth of a baby that is too large for its mother’s pelvis to accommodate. The most common cause is an excessively full bladder (bladder overfullness), which can lead to insufficient room in the birth canal. The baby’s shoulders can fall into the mother’s pelvis and become trapped there, causing severe pain for both the mother and her baby.
- Birth Injuries Caused by Forceps: Forceps help guide an infant out of the birth canal when there are complications with delivery. If forceps are not adequately used or malfunction due to improper maintenance or design issues (as in the case with a pair of forceps that were recalled), they can cause severe damage to the baby’s skull or face. Forceps can also lead to an increased risk of nerve damage in newborns. Forceps can also cause trauma inside the vagina due to their shape and design; they might even tear into tissues inside the vagina, causing bleeding and infection. The handles on forceps can also cause bruising on mom’s pelvic bone if applied too tightly or improperly during use.
- Damage During Cesarean Section: A cesarean section is a surgery performed to deliver a baby. It can be necessary in cases where vaginal delivery would otherwise result in the death of the mother or child or when vaginal delivery poses a serious risk of injury to the baby or mother.
Who is a Birth Injury Lawyer?
A birth injury lawyer is a lawyer who represents people who have suffered a birth injury. Birth injuries are injuries that occur during childbirth, including those related to the delivery process itself. While the most common birth injuries, such as hemorrhage, can be treated at home, others can be much more serious and require immediate medical attention. Birth injury lawyers help people who have been harmed by their birth experience resolve their claims in a timely manner.
A birth injury lawyer may help someone with a medical malpractice claim for compensation for pain and suffering, lost wages, medical expenses, and other damages. They may also assist with obtaining compensation for future medical care or treatment that may be needed to recover from the injury.
Birth injury lawyers represent clients in cases involving negligence, malpractice, or other claims related to the negligent actions of medical professionals or hospitals. Our birth injury lawyers at Peterson & Associates, P.C. have several years of experience handling birth injury cases and ensuring that victims of birth injuries get justice. Contact our law firm for a free consultation to get started on your birth injury case.
What is a Birth Injury Claim?
A birth injury claim is any lawsuit filed by a person who has been injured during pregnancy or at birth. Birth injury claims may arise when a woman or child suffers a medical mistake during pregnancy or delivery.
These cases typically focus on whether the doctor or other medical professionals were negligent. Birth injury claims may also arise when a woman is injured during childbirth. These cases typically focus on whether the doctors or other medical professionals were negligent.
Who Can Make a Birth Injury Claim in Springfield?
If you or someone you love has suffered a birth injury in Springfield, MO, you may be able to file a birth injury claim. A birth injury lawyer can help you build a case against any negligence or malpractice alleged against your doctor or other health care providers who may have been involved in your care.
If you believe your child suffered from a birth injury in Springfield, contact our Springfield personal injury law office today for help. Our personal injury attorneys will carefully evaluate your case and work tirelessly to pursue compensation on your behalf.
What are the Compensations Available to Birth Injury Victims in Missouri?
You might be entitled to financial compensation if your child got injured due to medical negligence. Here are some compensations available to birth injury victims in Springfield:
- Medical Expenses: Medical expenses are one form of compensation that can be pursued in a birth injury claim. This includes any costs associated with treating your child’s injuries, including any surgeries, medications, and physical therapy sessions.
- Pain and Suffering Compensation: Pain and suffering is another form of compensation that can be pursued in a birth injury claim. This is typically divided into two categories: past and future pain and suffering. Past pain and suffering is money awarded for any pain or suffering that occurred before the settlement or verdict was reached in your case. Future pain and suffering is money awarded for any future pain that may occur as a result of the defendant’s conduct.
- Financial Compensation for Future Care: If your child’s injuries are so severe that they will need lifetime care, you may be able to pursue financial compensation for the future cost of care. Additionally, if your child’s injuries are so severe that they will prevent them from being able to work in the future, you may be able to receive financial compensation for this as well.
- Punitive Damages: Punitive damages are an additional form of compensation that can be pursued in a birth injury claim. Punitive damages are money awarded to punish the defendant for their actions and deter them from doing it again.
How Long Do You Have Before Making a Birth Injury Claim in Missouri?
Under Missouri law, you have five years from the date of the injury to file a claim.
How to Find the Right Birth Injury Lawyer For Your Case
Finding the right birth injury lawyer can be a daunting task. There are many factors to consider when finding the right fit for your case. You need to find a lawyer who is experienced in birth injury cases and one who will be able to provide you with the guidance and support you need throughout the process. You also need to make sure that you choose a lawyer who is willing to take on your case, even if they aren’t paid until they win it.
Questions to Ask a Birth Injury Lawyer
If you’re considering hiring a birth injury lawyer in Springfield, here are some questions to ask:
- Are you experienced in handling birth injury cases?
- What steps will you take to build my case?
- What are your fees?
- What are your time requirements?
- What are your contingency arrangements?
- Do you have any previous clients I can contact?
Contact a Springfield Birth Injury Lawyer
A birth injury lawyer in Springfield can help ensure you get justice and fair compensation for your child’s injuries. Our personal injury lawyers at Peterson & Associates, P.C. can help you handle the entire legal process and ensure you and your child are compensated for your injuries. Contact a Springfield birth injury lawyer at Peterson & Associates, P.C. by calling 816-888-8888 for a free case evaluation.