If your child has suffered a birth injury, you deserve answers. An injury at birth can affect your child for many years to come. If that injury was preventable, you may be entitled to compensation to ensure your child receives the best possible treatment and care available.
The highly skilled Surprise birth injury attorneys of Mushkatel, Robbins & Becker, PLLC can help your family demand answers and justice during this stressful time. We have extensive experience handling these complex cases, and we work with a network of respected experts who can properly evaluate your case.
Contact us now for a free, no-obligation consultation. Our Surprise birth injury lawyers will review the details of your case, answer all of your questions, and explain your legal rights. Our goal is to get your family the justice you deserve and enable you to provide the best possible life for your child.
What Is a Birth Injury?
A birth injury occurs during the birthing process and can be the result of negligence on the part of the doctor or medical staff. The majority of birth injuries occur as the baby moves through the birthing canal. Some birth injuries are minor and will resolve over time with little or no treatment needed. However, birth injuries can be serious and potentially fatal.
The unfortunate reality is that doctors, nurses, and other healthcare providers sometimes make preventable mistakes that lead to severe birth injuries. These mistakes may occur before, during, or after a child’s delivery. These errors may lead to a child having a disability that requires long-term care and treatment.
What Are Common Causes of Birth Injuries?
Healthcare providers have a responsibility to anticipate problems during labor and delivery so they can prevent harm. Negligence, which is the failure to act in accordance with the standard of medical care, is at the center of any birth injury claim. Common causes of birth injuries include:
- Improper use of delivery instruments
- Failure to diagnose the mother’s medical conditions
- Misjudging the size of the baby
- Infections and medical issues in the mother or the baby
- Failure to properly interpret ultrasounds
- Failure to administer medications during pregnancy or delivery
- Failure to respond to fetal distress
- Failure to perform a C-section when required
- Improper use of Pitocin, a drug used to induce labor
- Improper use of forceps or other instruments
- Failure to give oxygen to the newborn when needed
What Are the Signs of an Abnormal Baby?
The signs of an abnormal baby can vary depending on the condition or the severity of the birth injury. Some birth injuries are apparent from the moment a baby is born. Examples include spina bifida (when the baby’s spinal cord fails to develop properly), hydrocephalus (buildup of fluid in the cavities deep within the brain), and cleft lip or cleft palate.
Birth injuries can also leave babies with brain damage. Some symptoms of brain damage are recognizable a short time after birth by the infant’s physical appearance. Some of the immediately identifiable symptoms are:
- Abnormally small head
- Abnormally large forehead
- Abnormally shaped spine
- Disfigured facial features
- Difficulty focusing eyes
- Feeding problems
- Persistent crying
Symptoms that are not immediately apparent include:
- Difficulty concentrating
- Difficulty processing information
- Difficulty with impulse control
- Difficulty speaking
- Changes in vision or hearing
- Increased sensitivity to light and sound
- Extreme fatigue
- Sleep disorders
Some conditions may have signs and symptoms that appear later on. Examples include hypotonia (low muscle tone), motor skill development, and issues with feeding. If a child misses developmental milestones, it could be a sign there’s a problem.
Sometimes the signs of a birth injury may not appear until the child is over a year old. These conditions may include learning disabilities, muscular dystrophies, and cerebral palsy.
What You Should Do If Your Child Suffered a Birth Injury
If your child has suffered a birth injury, make sure you obtain the right support as soon as possible. This includes seeking out:
- Experienced doctors and medical specialists
- Knowledgeable life-care planners, psychologists, and physical and occupational therapists
- Skilled lawyers who have extensive experience in medical malpractice cases involving birth injuries
This team of professionals can examine your child’s birth injuries to determine what your child’s needs are and how to best care for them. Your support team can also help you come up with a comprehensive strategy for caring for your child both now and in the future.
How Long Do You Have to File a Birth Injury Claim?
In the state of Arizona, medical malpractice claims must be filed within two years of the date of the injury or the date the injury is discovered. Although parents have a lot on their plate when caring for a child with a birth injury, it is crucial to take the time to consult with a knowledgeable attorney about your family’s legal rights as soon as possible.
What Can Be Recovered Through a Birth Injury Lawsuit?
Families can seek payment for a range of damages associated with a birth injury. Economic damages include the quantifiable financial losses associated with the birth injury, including:
- Medical bills (past, present, and future)
- Physical therapy costs
- Lost wages
- Diminished earning capacity
While recovering financial compensation is critical to helping you care for the needs of your child, you should also factor in the emotional losses suffered. You can demand compensation for non-economic damages, including:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Physical impairment
- Disability and disfigurement
Choosing a lawyer who is highly experienced in birth injury cases will substantially increase your chances of recovering compensation. The Surprise birth injury attorneys at Mushkatel, Robbins & Becker, PLLC are ready to assist with all aspects of your medical malpractice claim.
Contact Our Surprise, Arizona, Birth Injury Attorney Today
The Surprise birth injury lawyers at Mushkatel, Robbins & Becker, PLLC work with families to demand justice and compensation for birth injuries. Contact us today to schedule a free and confidential consultation with our skilled and compassionate attorneys. We are here to answer your questions and help you fight for your family.