Birth Injury Lawyer in Shreveport / Bossier City – Louisiana
Shreveport Birth Injury Attorney
If you have questions about a birth injury, contact Shreveport birth injury attorney Joseph Greenwald, Jr. for a free, no obligation case evaluation, at (318) 219-7867. If we discover that your child’s injuries could have been avoided, we will assist you in obtaining lifetime care for your child.
What is a Birth Injury?
Birth injuries can occur in a variety of ways. A birth injury can occur as a result of an illness or injury during pregnancy. Other times, birth injuries are caused by a doctor’s, nurse’s, or other medical professional’s negligence. Brain damage, traumatic brain injury, and developmental delays are all common injuries. In most circumstances, delivery room doctors (obstetricians), nurses, or other workers are potentially liable for birth injuries, and may be held liable in medical malpractice proceedings involving birth injuries.
Possible causes of birth injuries include, but are not limited to:
- Breech delivery
- Delayed Cesarean Section
- Fetal distress
- Placental abruption
- Medical negligence
Examples of Birth-Related Injuries
A birth injury is any form of harm sustained by a newborn prior to, during, or immediately after birth. Many newborns sustain minor injuries after delivery that do not require medical attention and heal on their own in a matter of days or weeks. However, some birth injuries can cause more serious consequences, leaving your child disabled for the remainder of their life. Examples of traumatic birth injuries include Cerebral Palsy, Erb’s Palsy, and stroke.
Medical Malpractice and Birth Injury
When a healthcare professional’s performance falls short of the standard of care required in the medical community, it is referred to as medical negligence. Our birth injury lawyers have a lot of experience with these types of cases and can tell you if your kid was hurt because of medical malpractice. Contact a Shreveport birth injury attorney for help determining what damages you could receive for your child’s injury.
According to the laws governing medical negligence, you have the right to hold health care practitioners accountable for the following situations and more:
- Improper Forceps Use: If the baby is positioned incorrectly in the womb, the attending physician may use forceps to help the baby along. Forceps used correctly can lessen the risk of oxygen deprivation and fetal distress, which have been related to cerebral palsy and other birth abnormalities. Doctors must exercise caution since forceps can cause nerve damage in the child’s neck or chest or even less serious brain injuries.
- Improper Vacuum Use: If the mother is having trouble pushing the baby from the birth canal, a vacuum may be required. Vacuums can be attached to a baby’s shoulder or head to help him or her navigate the delivery canal. The precise placement of the vacuum on the infant is the responsibility of doctors and nurses. Incorrect use of the vacuum can cause serious harm to both the mother and the newborn.
- Delay in Ordering a Caesarian Section: If the baby is in fetal distress, an emergency C-section is ordered. If the delivery team fails to realize the mother requires a C-section delivery, they may be held accountable for any harm the mother and/or child may suffer as a result.
- Hypoxia: Hypoxia is a condition that occurs when the brain does not receive enough oxygen. Hypoxia during labor can be caused by a twisted umbilical cord, infection, or placental injury. If a doctor fails to recognize a hypoxic incident and take immediate action to prevent injury, they may be held liable for any damages that result. If the baby’s hypoxia is not treated early, he or she may have long-term mental and physical problems.
How Do I Know if My Child Was Injured Due to Medical Malpractice?
Medical costs associated with caring for a child who has birth injuries can be substantial. The only way to find out if there is a malpractice claim is to thoroughly analyze the facts and medical-legal concerns. And because birth injuries can be caused by a variety of reasons it is critical to speak with a lawyer who specializes in this area of law. Shreveport birth injury attorney Joseph Greenwald, Jr. will assess your child’s legal rights and pursue compensation to ensure continued medical treatment.
What To Do After a Birth Injury
In the aftermath of a birth injury, new parents understandably feel helpless, upset, and confused. However, birth injuries are avoidable. This means physicians, nurses, and hospitals are liable for damage to newborns caused by their carelessness. Contact a birth injury attorney and familiarize yourself with this step-by-step guide if your baby was hurt during delivery.
Assess the Situation
It’s natural to be concerned when a baby is injured during delivery or a C-section. However, the best thing you can do for your baby during this trying time is to be calm. To prevent unwittingly admitting blame for a situation in which they are the victims, birth injury attorneys urge new parents to stop communicating with the delivery doctor and hospital.
Seek Medical Care
Birth injury lawyers encourage new parents to seek medical attention for their newborns as soon as possible. Some injuries will be noticed immediately, and the baby will receive treatment. However, harm to the brain, nerves, and muscles may not immediately be apparent. If your baby is having any problems, you should seek medical help right away.
Contact an Attorney
Contact an experienced birth injury attorney after you have obtained the treatment, support, and care you need from your healthcare practitioner. Your lawyer can help you understand your legal options and assess whether you have a genuine medical malpractice claim against your doctors. Above all, your lawyer will make sure your legal right to seek compensation for your child’s injuries is protected.
What Can I Recover in a Birth Injury Claim?
A family may be entitled to monetary damages if their child suffers a severe birth injury as a result of medical malpractice. Compensation can be used to offset both monetary and non-monetary losses, such as a reduction in quality of life. In a birth injury lawsuit, you may be entitled to recover damages for the following:
- Past and future medical expenses
- Additional healthcare costs (e.g., occupational therapy, counseling, in-home care, special vehicles or equipment, home modifications)
- Lost wages
- Pain and suffering
- Loss of society and companionship
- Loss of life’s enjoyment
How is Birth Injury Compensation Calculated?
Each birth injury case is unique, so there is no way to predict how much your case is worth. What you can anticipate getting out of a birth injury claim or lawsuit is determined by various factors, including:
- The existence and scope of a medical professional’s malpractice
- Your capacity to show that this negligence qualifies as medical malpractice under the law
- The severity of your child’s injuries and the timeframe for recovery (including whether or not their injury will affect them throughout their life)
- The cost of your medical bills and those of your child (including the likelihood of future medical treatments, assistive devices, and special needs care).Any missed wages as a result of being absent from work
- The anguish and suffering of your child (which can be very subjective)
- A life care planner’s testimony (if it’s decided that your child will develop problems as a result of their birth injury)
- The willingness of the defendant to negotiate a settlement
- The tort reform laws in your state (e.g., caps on malpractice damages)
How Long After a Birth-Related Injury Can You Sue?
A medical malpractice claim in Louisiana must be brought within one year of the negligent act or omission that caused the injury, or within one year after discovering the injury or malpractice.
When Should You Contact a Birth Injury Lawyer?
Consider speaking with an experienced birth injury lawyer as soon as possible if your child has been diagnosed with a birth injury that you believe was caused by medical malpractice. If you choose to file a lawsuit, you must do so within Louisiana’s one-year statute of limitations. You may lose your chance to file a claim for your or your child’s damages if you miss this deadline.
Help Is Available – Contact Joseph Greenwald, Shreveport Birth Injury Attorney
Shreveport personal injury attorney Joseph Greenwald, Jr. understands that birth injuries have not only physical and emotional repercussions but also financial consequences for the child’s family. When a doctor or another healthcare provider’s carelessness causes a birth injury, the family may be entitled to obtain compensation for these costs through a birth injury lawsuit. With almost 20 years of experience representing clients across Louisiana, the Greenwald Law Firm is ready to help you get the compensation you deserve for your child’s injuries and ongoing medical care. For more information or to schedule a free consultation, please contact our office at (318) 219-7867.
Greenwald Law Firm LLC has experience representing clients across Louisiana for almost 20 years. If your child sustained a birth injury due to medical negligence, know your legal rights. For more information or to schedule a consultation, please contact our office at 318-219-7867.