Every family wants a happy welcome for their newborn baby. But sometimes, things don’t go according to plan. If your happy arrival story took a scary turn because of a birth injury, you might wonder what happened and who to turn to.
Birth injuries can be confusing and overwhelming, especially if you suspect the injury might be due to negligence during pregnancy, childbirth, or newborn care. But you don’t have to face this alone.
Speak to a Covington birth injury lawyer at Bennett Hodgins Devereaux. We can help Louisiana families understand their rights and fight to hold the responsible party accountable. With years of experience, our team can help you navigate the legal process.
What Is a Birth Injury?
A birth injury is any injury a baby sustains during pregnancy, childbirth, or the immediate newborn period. Birth injuries can have severe impairments and lifelong consequences. They can affect a child’s physical and cognitive abilities.
If a medical professional’s negligence caused the birth injury, you may have grounds for a personal injury lawsuit. This type of lawsuit seeks compensation for the damages your child has suffered due to the medical professional’s actions or inactions.
What Are Common Causes of Birth Injury?
Various factors can cause birth injuries, some of which are preventable through proper medical care. Here are some common causes of birth injuries:
- Doctor or midwife errors. These errors can include using excessive force during delivery, failing to monitor the fetus during pregnancy properly, delaying a necessary C-section, or misusing instruments like forceps or vacuums during childbirth.
- Oxygen deprivation. If a baby is deprived of oxygen during birth, it can cause brain damage and other serious injuries. Oxygen deprivation can happen for various reasons, such as prolonged labor or a nuchal cord (the umbilical cord wraps around the baby’s neck).
- Medication errors. Administering the wrong medication or dosage to the mother or baby during pregnancy or delivery can lead to birth injuries.
- Failure to diagnose or treat pregnancy complications. If a doctor fails to diagnose or properly treat a pregnancy complication, it can increase the risk of birth injuries.
- Uterine rupture: A uterine rupture, though uncommon, can occur during a difficult labor and delivery, potentially injuring the baby.
- Infections. Sometimes, mothers can get infections during pregnancy that spread to the baby. If a doctor misses an infection or doesn’t treat it correctly, the baby can get very sick, leading to birth injuries.
It’s important to remember that this is not an exhaustive list. If you have concerns, speaking with a childbirth injury lawyer can help determine if filing a medical negligence lawsuit is warranted.
What Are Examples of Birth Injuries?
Birth injuries encompass a range of physical and neurological complications. While some birth injuries are minor and heal quickly, others can have lasting consequences. Here are some common birth injuries:
- Cerebral Palsy: This condition affects your child’s movement and coordination. Symptoms can be mild or severe and may require your child to use special equipment daily.
- Traumatic Brain Injury (TBI): A TBI can occur if the baby’s head strikes something with significant force during delivery. This force could be from misuse of forceps or vacuums or a fall during a difficult birth.
- Hypoxic-ischemic encephalopathy (HIE): This serious condition results from oxygen deprivation to the baby’s brain during birth. A birth asphyxia lawyer can examine the facts of your case to determine if a medical provider’s negligence caused the deprivation of oxygen.
This list is not exhaustive, and the severity of birth injuries can vary greatly. If you have concerns about your child’s health or development after birth, it’s crucial to seek medical attention from a qualified pediatrician. They can perform a thorough examination and recommend appropriate options.
How Do I Prove My Birth Injury Case?
Determining liability in a Louisiana birth injury case requires establishing the four elements of negligence:
- Cause in fact—the doctor’s substandard conduct actually caused the injuries;
- Duty/Risk—the doctor owed a duty of care, and the duty extended to the injury suffered by the plaintiff under the circumstances;
- Breach—the doctor breached the duty; and
- Injury—the child suffered compensable injuries.
Consulting an experienced medical malpractice lawyer is crucial to maximizing your chances of a successful claim.
What Damages Can I Receive for My Child’s Birth Injury Claim?
Facing a birth injury can be overwhelming, leaving you concerned about your child’s health and future expenses. If medical negligence caused the injury, you may be entitled to compensation. This compensation falls into two categories: special and general damages.
Special damages are the financial losses you’ve incurred or will incur due to the injury. They aim to restore your financial situation to what it would have been without the injury.
Here’s a breakdown:
- Medical expenses. These expenses cover all past, present, and future medical costs related to the birth injury. They can include doctor visits, therapy, medications, surgeries, and medical equipment.
- Lost wages. You can recover lost income if you have to take time off work or reduce hours to care for your child.
- Home and vehicle modifications. This expense includes adjusting your home or vehicle to accommodate your child’s disability.
General damages compensate for the pain, suffering, and emotional distress your child and family experience. Here are some examples:
- Pain and suffering. This damage covers the physical discomfort and pain your child endures due to the injury.
- Mental and emotional distress. This damage compensates for the emotional stress and psychological trauma your child experiences as a result of the birth injury.
- Loss of enjoyment of life. This damage covers the limitations your child may have in participating in activities due to the birth injury or their lack of desire to take part in activities.
The amount of damages you can expect to receive depends on the injury’s severity, the long-term prognosis, and evidence of negligence. An experienced Covington birth trauma lawyer can fight for the maximum compensation your family deserves.
How Long Do I Have to Bring a Birth Injury Lawsuit in Louisiana?
Every state has a time limit for filing a lawsuit. In Louisiana, this period is known as prescription, though it is called the statute of limitations in other jurisdictions. In Louisiana, you must file a birth injury lawsuit within one year of the date of the birth injury or within one year of the date you discover the injury.
However, you cannot file a claim more than three years from the date the injury happened, regardless of when the birth injury was discovered.
Consulting with an experienced Covington birth injury attorney is crucial to understand the specific time limits applicable to your case.
Get Help from a Covington Birth Injury Malpractice Lawyer
Bennett Hodgins Devereaux has a distinguished reputation for handling complex birth injury cases. Our team of dedicated attorneys has decades of combined experience representing personal injury victims in Louisiana.
We understand the emotional and financial toll a birth injury can take on your family. Our compassionate team is committed to fighting for the resources your child needs for a brighter future. Our lawyers for birth injuries are fearless in taking on challenging cases and fighting for what’s right.
Contact us for a free and confidential case evaluation. We’ll answer your questions, address your concerns, and guide you through the legal options available. Let our experienced Louisiana birth injury lawyers fight for the compensation your child deserves.
