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Sun City Birth Injury Lawyers

New born baby in the delivery room.

Parents and extended family members look forward to the birth of a child with hope and excitement. Unfortunately, giving birth presents significant medical risks to both the mother and her newborn. Sometimes, the mother, the child, or both can be injured during labor or delivery. All too often, these injuries are the result of negligence on the part of a healthcare provider.

If you or your child was injured during the birthing process, you should speak with a birth injury lawyer right away. If your injuries were due to an error or omission on the part of an OBGYN, anesthesiologist, nurse, or other medical professional, call the Sun City birth injury attorneys at Mushkatel, Robbins & Becker, PLLC, today. We can answer all your questions and explain your legal rights in a free case review.

What Are the Different Types of Birth Injuries?

While modern medical technology has benefitted many women when it comes to giving birth, complications can still occur. Medical errors can lead to potential injuries for both the mother and her child. Some common birth injuries include:

Maternal Injuries

  • Cesarean sections (C-sections): An improperly performed C-section can lead to a dangerous infection, excessive bleeding, and even injury to internal organs. In addition, excessive scar tissue stemming from the procedure can create complications with future deliveries.
  • Episiotomy: An episiotomy is an incision made by a doctor to widen the opening of the vagina to speed up delivery and/or mitigate the risk of an uncontrolled birth. While an episiotomy may be necessary in some instances, it should not be done without the doctor first getting the mother’s permission. Furthermore, it’s important that the doctor take extreme caution when making the incision, as a careless cut could have serious ramifications for the mother’s health.
  • Post-partum hemorrhage: Some bleeding is to be expected after a mother gives birth. However, in rare cases, bleeding may continue uncontrollably, putting the new mom’s life in extreme risk. A mother could die if she loses enough blood or if her blood pressure drops too low as a result of blood loss.
  • Preeclampsia: When a medical professional fails to diagnose pregnancy-induced hypertension – preeclampsia – the result for the mother and baby could be fatal.
  • Spinal epidurals: When a spinal epidural is administered improperly, it can put the mother at risk for cardiac arrest, nerve damage, paralysis, and even death.

Infant Injuries

  • Cerebral palsy: Cerebral palsy is a muscular disorder is and one of the most common birth injuries. It affects about 1 in every 500 live births. Depending on the severity of their particular case, children with cerebral palsy experience different levels of disability, affecting their motor functions and cognitive ability.
  • Perinatal hypoxia: This generally occurs when a baby isn’t getting enough oxygen. This can be a result of birth trauma, birth asphyxiation (when the umbilical cord becomes wrapped around the baby’s neck), maternal anemia, or inadequate monitoring during pregnancy.
  • Brachial plexus: If a baby’s arm or shoulder becomes stuck while the mother is trying to give birth or the arm is pulled too hard, it can damage the baby’s nerves in its shoulder. These nerves control movement and sensation the arm and hand. Any damage to those nerves is potentially serious. Some cases will heal naturally over time, while others may need surgery to try to correct the damage.

What Are Common Causes of Birth Injuries?

  • Improper use of birth-assisting tools: While forceps, vacuums, and other tools can help a mother with a difficult birth, these tools should be used extremely carefully. For example, too much pressure from forceps can cause bleeding on the brain. An improperly used vacuum may put too much force on a baby’s shoulder, leading to a brachial plexus injury.
  • Inadequate monitoring during pregnancy and birth: A doctor, nurse, or midwife who isn’t paying enough attention to the mother during pregnancy, labor, or delivery may miss clues that might indicate something’s not right with the mother or her baby.
  • Errors in the delivery process: There are many preventable medical errors that can occur during delivery. A doctor may fail to order an emergency caesarian section if one is necessary. Or the doctor may pull too hard on a baby’s arm and hurt the infant. The utmost care must be exercised throughout the duration of the mother’s pregnancy up through labor and delivery.

What Evidence Do You Need in a Birth Injury Case?

The components to proving a birth injury claim are:

  • A doctor-patient relationship existed.
  • The doctor, nurse, etc., was negligent in some way.
  • The provider’s negligence led to your injuries.
  • The injuries caused specific damages.

You also have to show that the doctor, nurse, midwife, or other party’s actions fell below what’s known as the medical standard of care. Your healthcare provider’s actions should line up with what another doctor with the same level of training and experience would have done in a similar situation. If the provider’s actions are shown to be below that standard, the provider may be liable for your injuries.

A birth injury lawyer from our firm can investigate your claim by going through medical records, interviewing witnesses, consulting with experts, and documenting the full extent of losses you have suffered.

What Compensation Is Available for Birth Injuries?

If your family has been harmed by a birth injury caused by negligence, you should be compensated for both current and future anticipated losses. This may include payment for:

  • Medical treatment
  • Future treatment needs
  • Long-term care
  • Lost income
  • Future lost wages
  • Pain and suffering

How Long Do You Have to File a Birth Injury Lawsuit in Arizona?

All personal injury claims in Arizona, including those related to birth injuries, must be filed within two years of the date of the injury. It is crucial to speak with a Sun City birth injury attorney as soon as you realize or suspect medical malpractice.

Talk to a Sun City Birth Injury Attorney Today

The experienced lawyers at Mushkatel, Robbins & Becker, PLLC, are here to advocate for your family during this difficult time. Contact us today for a free review of your case, and let us help demand justice for your family.