Some of the most common birth injuries include:
- Birth asphyxia
- Brachial plexus injuries
- Broken bones/fractures
- Cerebral palsy
- Erb’s palsy
- Facial paralysis
- Forceps/vacuum injuries
- Head and brain injuries
- Hypoxic-ischemic encephalopathy
- Nerve damage
- Oxygen deprivation
- Shoulder dystocia
These and other birth injuries can have devastating, lifelong consequences. When they occur due to a medical provider’s negligent conduct, the child’s parents can file a lawsuit against the liable party—whether the medical provider or his/her employer—and seek fair financial compensation for their child’s medical needs, pain and suffering, and other losses.
Common Causes of Birth Injuries
As previously mentioned, many birth injuries result from the careless or negligent conduct of trusted medical providers.
This negligence may take the following forms:
- Failing to diagnose/treat maternal complications, such as infections
- Failing to monitor/react to signs of fetal distress
- Failing to order an emergency cesarean section (C-section)
- Misusing assistive devices, such as forceps or vacuum extractors
- Pulling a child too forcefully or twisting the child’s head/neck during delivery
- Failing to address/control maternal blood loss during childbirth
- Failing to monitor the infant’s oxygen intake during and immediately after birth
- Medication errors, including mistakes in administering epidurals
- Surgical errors made during C-sections
These and other forms of medical negligence can cause serious injuries to infants and mothers, leading to permanent disability and, in the most severe cases, wrongful death.
Determining If You Have a Case
While every birth injury is cause for concern, not all are grounds for a medical malpractice lawsuit. To bring a successful claim, you will need to prove several elements.
First, you must prove that the doctor, nurse, or medical provider failed to uphold the standard of care. It is not enough to prove that your child was injured; you must show that your child was injured because the medical professional failed to provide the same standard of care one could reasonably expect from another qualified medical provider in the same or similar circumstances.
Proving these elements—along with proving that you/your child suffered measurable damages—is often very complex. It takes a legal team with the right knowledge, resources, and skills to effectively pursue a birth injury claim. At Parker Alexander, we draw on decades of legal experience, as well as a proven reputation for aggressive client advocacy, when building cases for our clients. Our Monroe birth injury lawyers often work with medical professionals who can serve as expert witnesses, confirming that a medical professional provided substandard care. Regardless of the specifics of your situation, we will leave no stone unturned in our pursuit of justice on behalf of your child and your family.
Frequently Asked Questions
What Types of Compensation Can Be Pursued in a Birth Injury Case?
In the realm of birth injury claims, seeking compensation is aimed at addressing both past and future needs of the impacted child and family. Typical compensation categories include medical expenses, which cover past and future medical bills, and rehabilitation costs such as physical therapy. Additionally, families may seek compensation for pain and suffering, a non-economic damage reflecting the emotional trauma and loss of enjoyment of life due to the birth injury. Further, compensation for loss of future earning potential may be pursued if the child’s ability to work and earn in the future has been compromised. Other damages might comprise compensation for necessary modifications to the home or vehicle and costs related to long-term care or educational needs. Our team at Parker Alexander is dedicated to identifying all potential avenues of compensation to ensure that families have the resources they need for their child's future.
How Long Do I Have to File a Birth Injury Lawsuit in Louisiana?
In Louisiana, the statute of limitations for filing a medical malpractice lawsuit, which encompasses birth injury cases, is generally two years from the date of the incident. However, birth injury claims might involve discovery rules, where the time limit for filing could start from the date the injury was discovered or reasonably should have been discovered. This can extend the window for taking legal action, but exceptions are complex and narrow, and it is risky to rely on them without legal counsel. Due to these intricacies, it is critical for families to seek guidance from a legal professional as soon as a birth injury is suspected. At Parker Alexander, we understand the urgency of these cases and are prepared to help you navigate the time-sensitive nature of filing a claim.
What Should I Look for in a Birth Injury Lawyer?
Choosing a birth injury lawyer involves considering several key factors that can significantly impact your case's outcome. Firstly, evaluate the attorney’s experience in handling birth injury claims, as familiarity with both legal and medical dimensions can improve case strategies. Secondly, consider the attorney’s approach to client communication; a good lawyer should provide clear, consistent updates and be responsive to concerns. Thirdly, look at the firm’s track record with similar cases, understanding that while past results do not guarantee future outcomes, they can indicate the firm’s capability in securing just compensation. At Parker Alexander, our commitment to personalized service, detailed case preparation, and vigorous advocacy makes us a trustworthy choice for pursuing birth injury claims. Our professional yet compassionate approach ensures that families receive the support they need throughout the legal process.
How Parker Alexander Can Help
We know that nothing can make up for the incredible devastation you have experienced. However, with a successful birth injury claim, you can recover critical financial resources to provide for your child and allow him or her to live a meaningful, happy life.
At Parker Alexander, our goal is to help you and your family navigate the legal process with as little stress as possible. We are here to answer your questions and address any concerns you may have. Let our team take on the negligent healthcare provider while you focus on what matters: spending time with your child and ensuring he or she receives the medical care he or she needs.
Call our office today at (318) 625-6262 or submit a free online case evaluation form to request your free consultation.