We expect a child’s birth to be a time of joy. Unfortunately, doctors, nurses, and other medical professionals sometimes make errors that turn these precious moments into a time of distress and despair. Birth injuries caused by medical negligence can have a lasting impact on the life of a child and his or her family. If your child suffered a birth injury caused by medical malpractice, you deserve answers and justice.
The Peoria birth injury attorneys at Mushkatel, Robbins & Becker, PLLC work with families to seek justice and financial compensation for life-altering injuries. We can help you determine whether your child’s birth injury could have been prevented through proper care. Contact us now to talk about your situation in a free and confidential consultation. We will explain your legal rights and help you determine the best way to fight for your child.
What Is a Birth Injury?
During the birthing process, a baby may suffer an injury. Birth injury or birth trauma usually occurs during transit through the birth canal. However, the injury may also occur before the birth or after the delivery. When a birth injury is caused by a doctor or another healthcare provider’s negligence, the family may seek financial compensation through a medical malpractice lawsuit.
The Peoria birth injury lawyers at Mushkatel, Robbins & Becker, PLLC are highly experienced in medical malpractice cases involving newborns. We work with a team of respected medical experts who can evaluate your case and help you plan for your child’s future.
What Are Common Causes of Birth Injuries?
It’s important to understand that birth injuries are not the same as birth defects. Birth defects are conditions that occur due to an inherited medical condition. On the other hand, a birth injury involves structural damage or functional deterioration that is the result of problems during labor, delivery, or both.
Common causes of birth injuries include:
- Improper use of forceps or other delivery instruments
- Failure to diagnose maternal medical conditions
- Improper administration of medications
- Failure to monitor fetus and respond to fetal distress
- Failure to order a timely C-section
- Rh incompatibility, such as when the mother has Rh-negative blood and the baby has Rh-positive blood
- Failure to address umbilical cord complications
- Improper use of Pitocin, a drug used to induce labor
- Infections in the mother that are not properly treated
- Failure to give oxygen to the newborn after delivery
Birth injury claims can be difficult to prove. It’s critical to have an experienced Peoria birth injury attorney on your side from the very beginning. The birth injury lawyers at Mushkatel, Robbins & Becker, PLLC know how to thoroughly investigate these cases and work with medical professionals to determine whether negligence occurred.
How Long Do I Have to File a Birth Injury Lawsuit in Arizona?
In Arizona, there is a two-year statute of limitations for birth injury cases. This means that your birth injury case must be filed no later than two years from the date of the injury. You must file before the two-year limit is up, or you will lose your right to file a claim.
However, some birth injuries are not immediately apparent. These injuries may take months or even years to become recognizable, especially if they cause your child to experience delayed growth. In these cases, the discovery rule applies, extending the time you have to file a claim for compensation. If you did not discover your child’s birth injury immediately, you have two years from the date you knew ─ or should have known ─ that your child was injured.
What Compensation Is Available in a Birth Injury Lawsuit?
Compensation through a birth injury lawsuit typically involves economic and non-economic damages. Economic damages refer to economic costs or losses related to the baby’s injuries. This may include:
- Medical bills (past, present, and future)
- Physical therapy costs
- Lost wages
- Diminished earning capacity
Non-economic damages usually consist of compensation for:
- Pain and suffering
- Mental anguish
- Disability or disfigurement
- Loss of enjoyment of life
What You Should Do If Your Child Suffered a Birth Injury
If your child has suffered a birth injury, you need to contact a qualified medical malpractice lawyer as soon as possible. At Mushkatel, Robbins & Becker, PLLC, our Peoria medical malpractice lawyers will evaluate your case for free to determine all your legal options. Our attorneys have extensive experience with birth injury cases. We recognize the types of birth injuries that are commonly caused by medical malpractice. If you are having trouble getting answers from your healthcare provider, we won’t hesitate to use the legal process to compel them to produce essential evidence in your birth injury case.
We will also help you develop a life care plan that outlines every expense your child has incurred or will incur because of his or her birth injury. This plan can describe the expected damages, both economic and non-economic, that you will be able to seek.
Insurance companies will likely try to deny your claim or minimize the damage your child and your family has suffered. However, from the outset, we will make it clear that our team is prepared to take your case to court to fight for the justice you deserve.
Contact Our Peoria Birth Injury Attorney Today
If your child has suffered a birth injury in Peoria or anywhere else in Arizona, you need to determine whether it was caused by malpractice. The compassionate Peoria birth injury attorneys of Mushkatel, Robbins & Becker, PLLC can help you seek answers. We have the knowledge and the resources to investigate these complex claims. Contact us now to schedule a free and confidential consultation. We will review your birth injury case and explain your legal options.