Thunder Bay Birth Injury Lawyer
New parents put their trust in the medical personnel who oversee the birth, expecting a mistake-free process that results in a healthy baby. Unfortunately, this does not always occur. Sometimes, someone in the delivery room makes a mistake, resulting in an injury to the baby that could develop into conditions like cerebral palsy in the future.
Should the actions of a doctor or nurse have contributed to the injury of your baby, you may be eligible to seek damages for immediate and future medical expenses and losses. A birth injury lawyer serving Thunder Bay from Preszler Injury Lawyers may be able to stand by your side during negotiations with insurance companies. Call us today at 1-800-JUSTICE.
Injuries During Birthing Process
Multiple injuries are possible as a mother is giving birth. Sometimes, these injuries are no one’s fault. Other times, one of the people caring for the mother and baby may commit a mistake, creating a situation where the injury could occur.
Some of the potential injuries a newborn could suffer during the birthing process include:
- Fractures to collarbones or skull
- Lack of oxygen to the brain
- Swelling of the brain
- Damaged nerves in the face and head
- Damage to the spinal cord or neck
After suffering an injury like this, the baby could develop a number of conditions, including:
- Cerebral palsy
- Erb’s palsy
- Mental retardation
- Epilepsy
- Jaundice
- Facial paralysis
- Caput succedaneum
- Seizures
These conditions could appear immediately, or they could appear over time. In the most serious cases, the baby could be stillborn after suffering injuries.
Treatment for Birth Injuries
If the baby suffers an immediate injury during birth, doctors may need to rush the baby into surgery. If the baby suffers a broken collarbone during birth, for example, doctors may repair the damage surgically.
However, if a doctor’s mistake during birth leads to a diagnosis of cerebral palsy a year or two after birth, treatment options cannot cure it. Instead, the baby and family face a lifetime of needing significant medical care and equipment to attempt to improve the child’s quality of life as much as possible.
At Preszler Injury Lawyers, we may be able to fight for you and your family to receive the compensation that you deserve. We are ready to begin studying your case as soon as you hire us. Contact us today at 1-800-JUSTICE for a free consultation.
Understanding Negligence in Birth Injury Cases
Part of the process of bringing a medical malpractice lawsuit against a doctor, a nurse, or a hospital involves showing negligence. The occurrence of negligence may involve a mistake the doctor did not mean to make, or it may involve a purposeful act.
Negligence Prior to Birth
Should the obstetrician fail to run common tests to determine if the mother has a serious condition that would cause a complication during the birthing process, it could fit under the definition of negligence.
The obstetrician has a duty to anticipate potential problems the birth mother could have that could lead to complications for the baby.
Negligence During the Birth
During the birthing process, the doctor and nurses must communicate with each other to ensure everything possible is being done for the mother and the baby. Without proper communication, key pieces of information may be ignored, leading to delays in treatment that could cause harm to the baby.
Who May Be Liable in a Birth Injury Case?
Anyone who was involved in caring for the mother or baby during pregnancy and during the birth could be found liable in a birth injury case. These people include:
- An OB-GYN
- A nurse
- A family doctor
- A surgeon
- An anesthesiologist
- A pharmacist
- Any member of the delivery room staff
- Any member of the hospital staff
Determining Liability
Because the delivery room is often chaotic, especially when the birth has complications, it may be tough for the parents to remember exactly who was caring for the mother and baby. The mother may not even be able to see what is happening with the baby after birth.
As a trusted birth injury lawyer serving Thunder Bay, we know how to collect the facts in this type of case, determining who behaved in a negligent manner. We may be able to review medical records and interview those who were present in the delivery room to determine exactly what happened.
Receiving Damages
Should the negligence of medical personnel lead to an injury for your child, you and the child could be facing years of extensive medical care.
Any settlement request in a birth injury lawsuit may take into account the medical costs your family has currently incurred, but it also needs to make an estimate of the medical costs your family may have in the future.
Additionally, the request for lawsuit damages may include compensation to you and the child for your family’s pain and suffering during this trying time.
Trust Us to Defend Your Rights After a Birth Injury
If you have received a diagnosis of cerebral palsy for your child a year or two after the birth, you may have been the victim of a case of medical malpractice at the time of the birth. If this is what you are facing, you might have the right to bring a lawsuit against the medical personnel responsible for causing the injury a year or two earlier.
Preszler Injury Lawyers understand that a financial settlement cannot truly compensate you for the injury to your child. But by bringing a lawsuit, you have the ability to hold the negligent party responsible for his or her actions, which hopefully may prevent the situation from happening again to someone else.