When it comes time to welcome a new baby, it can be a joyous occasion. Unfortunately, these events can turn into distressing ordeals when that newborn or mother has suffered a birth injury.
Many times, these injuries can lead to serious health complications, permanent disability, and even death. To make matters worse, these injuries could have been preventable if you had received proper care from the doctor, nurses, or other medical team members.
When these injuries stem from medical neglect, you have the right to file a lawsuit against these healthcare providers. The purpose of the claim is not only to hold the responsible person accountable but also to seek monetary compensation for medical expenses, lost wages, and other damages from the incident.
Pursuing these cases can be a difficult and stressful time. For that reason, you will want to contact a Baton Rouge birth injury lawyer to learn about your legal options.
At Bianca | Matkins, we know that behind every case, a family has been through a traumatic experience. Let us help you navigate this challenging time and seek the justice and compensation you deserve.
Don’t forget that we also offer ASL services and specialize in providing legal representation to the deaf community.
What Are Birth Injuries?
Any physical injury or harm sustained by the infant or mother during the childbirth process is known as a birth injury. Some of these injuries can vary, ranging from bruising or swelling to broken bones and nerve damage. The majority of birth injuries can affect the newborn’s head, neck, and shoulder, often leaving them with lifelong medical problems.
Many times, these injuries can occur due to a breech presentation, prolonged labor, or the size of the baby. While those are natural occurrences in the delivery process, it’s up to the medical staff to ensure the health of both mother and baby.
In these cases, they need to monitor the child’s health in the womb or use the right appropriate measures when complications arise. Errors in prenatal care, delivery mistakes, or inadequate postnatal care are all causes of birth injuries.
When these healthcare providers fail to protect the health of the baby and mother, that is the basis for a medical negligence claim.
What Are the Common Types of Birth Injuries?
According to the Merck Manual of Diagnosis and Therapy, birth injuries can range from spinal injuries to head trauma. Many times, these injuries can lead to serious medical conditions throughout the baby’s lifetime. They can include:
- Cerebral palsy is a group of disorders that affect a person’s ability to move and maintain balance and posture. Unfortunately, it is one of the most common motor disabilities in children, and it can occur when the baby’s brain is damaged during childbirth. This condition can affect the child’s posture, balance, and movements.
- Brachial plexus occurs when the nerve in a baby’s neck is torn or stretched. Often, this leaves the newborn with muscle weakness, lost feeling in arms, and paralysis. Some children can recover on their own, but they may need extensive physical therapy and surgery.
- Hypoxic-ischemic encephalopathy (HIE) results when the baby’s brain doesn’t receive enough oxygen or blood flow. This condition can happen at any time throughout the pregnancy and delivery process. Sometimes, severe injuries can lead to long-term disabilities or death.
- Kernicterus is a rare condition when there is too much bilirubin in the baby’s blood. Often, the liver can remove the bilirubin. But if those levels become too high, it can cause kernicterus. The injury will progress in stages, and it may show up as jaundice, irritability, and seizures in the newborn. In severe cases, that can lead to permanent brain damage and hearing loss.
- Spinal cord injuries are a type of traumatic injury that occurs during birth. In some cases, it results in a partial tear, bruise, or complete tear of the spinal cord. When the spine or neck is bent or squeezed, it can have devastating consequences. Newborns might have breathing problems, loss of bowel or bladder functions, or involuntary muscle movements. Many times, this birth injury can result in lifetime disability or death.
- Erb’s palsy affects the upper nerves in the brachial plexus. When the infant’s neck is stretched to the side, it can cause loss of motion, arm weakness, and limb paralysis. Fortunately, newborns with brachial plexus can recover after extensive medical care.
- Klumpke’s palsy is a condition that results in a sensation in the hands, arms, or wrists. Many times, this issue is caused by labor and delivery complications. Depending on the severity of the damage, the newborn could have temporary symptoms or permanent disabilities.
- Oxygen deprivation happens when the baby does not receive enough oxygen before, during, or after the birthing process. Often, it can lead to developmental delays and, in extreme cases, death.
- Forceps and vacuum injuries occur during labor and delivery, and they can be used to assist in the delivery of a baby. When these tools are not used properly, they can cause injuries to the mother and baby. Sometimes, implore usage can lead to retinal hemorrhage, hematoma, and perineal tears. In severe cases, it can cause cerebral palsy or brachial plexus.
- C-section, or Cesarean section, mistakes can happen when it comes time to deliver a baby. While it can be a lifesaver in certain situations, it also carries risks for both the mother and the baby. These complications can include bladder and bowel injuries, increased bleeding, and infections.
- Intrauterine fetal demise is also known as stillbirth. This medical term refers to the death of an infant after the 20th week of pregnancy. While this can occur for various reasons, sometimes, it results from a preventable medical issue, such as an infection.
Common Signs of a Birth Injury
Birth injuries can develop in a variety of ways. Sometimes, you might notice these signs right after birth, while others may not be present until later in the child’s life. Here are some signs of a birth injury that you should look out for:
- Physical symptoms, such as a limp arm, a stiff neck, difficulties with swallowing, seizures, paralysis, or weakness on one side of the body.
- Developmental delays involve missing milestones for talking, walking, sitting, or crawling.
- Cognitive issues that develop into learning disabilities, short attention span, and difficulties with problem-solving.
- Behavioral and emotional problems such as social withdrawal.
- Speech and language delays include a late onset of speech, difficulty forming words, or problems understanding language.
While some of these injuries are minor and can heal without additional treatment, others can cause physical disabilities in infants, requiring lifelong care. As a result, an infant might suffer from developmental delays or experience cognitive impairments.
No matter the cause, these injuries can leave families with mounting medical expenses.
If the injury was caused by medical negligence, you might be entitled to compensation for medical expenses, pain and suffering, and other damages.
This compensation can help cover the costs of ongoing medical care, therapy, and other necessary support services. If you suspect your child has suffered a birth injury due to medical negligence, a Baton Rouge birth injury lawyer from Bianca | Matkins can help you take the next steps.
Holding Negligent Healthcare Providers Accountable
In cases of birth injuries, determining who can be held responsible often depends on the circumstances leading to the injury.
Medical malpractice occurs when a healthcare provider fails to provide the standard of care that a reasonably competent healthcare provider would have provided under the same circumstances.
Responsible parties may include:
- Doctors
- Nursing staff
- Delivery technicians
- Anesthesiologists
- Pharmacists
- Medical specialists
- The hospital or healthcare facility
During the pregnancy or delivery process, these individuals may have:
- Failed to properly monitor the mother and baby’s vital signs during labor and delivery.
- Improperly used medical tools resulting in injuries.
- Failed to respond to complications during labor and delivery.
- Failed to perform a C-section to prevent injuries to the infant.
If you suspect that your child’s birth injury was caused by medical negligence, contact our Baton Rouge birth injury lawyer today.
Compensation Available in These Cases
In cases of birth injuries, the type of compensation available can vary depending on the specifics of the case. Generally, plaintiffs can seek two types of damages in a birth injury claim: compensatory and punitive.
Compensatory damages are awarded to account for the financial costs of a birth injury and the distress and changes that a birth injury can cause. They can include:
- Medical expenses
- Lost wages
- Home medications
- Assistive devices
- Rehabilitative costs
- Pain and suffering
- Disability
- Loss of enjoyment of life
Punitive damages are granted in cases where the defendant’s conduct was particularly egregious or reckless. They are intended to punish the defendant and deter similar behavior in the future.
While you may be entitled to these monetary awards, seeking compensation can be a complex process.
That’s why you want to contact an attorney at Bianca | Matkins to find out how our firm will fight for you.
How Bianca | Matkins Can Assist
If your child has suffered lifelong and devastating injuries because of medical negligence or recklessness during birth, allow us to help you secure financial compensation for all damages, including past, current, and future medical bills.
We understand the complications involved with these cases, and we will work tirelessly to:
- Investigate the events before, during, and after the birth process.
- Determine fault and identify all parties involved.
- Review your Louisiana doctors’ records.
- Collaborate with medical experts to gather evidence.
- Handle interactions with large insurance carriers so you can focus on your family.
- Negotiate maximum compensation for your child’s injury.
- Prepare to argue your case in a jury trial if negotiations fail.
In the face of a heartbreaking birth injury or wrongful death, know that you are not alone.
At our Bianca | Matkins, we offer compassionate guidance and legal experience to help you navigate the medical malpractice or wrongful death litigation process. Our experienced Baton Rouge birth injury attorneys will work to pursue justice on your behalf.
Contact a Baton Rouge Birth Injury Lawyer Today
Birth injuries are preventable. When a healthcare professional’s negligent actions result in permanent harm to you or your baby, our Baton Rouge birth injury lawyers will fight for your right to full and fair compensation.
We understand the physical, emotional, and financial toll a birth injury can take on families. Our goal is to provide comprehensive legal support and ensure you receive the justice you deserve.
For a free and confidential consultation to discuss your birth injury case, contact our law office. Louisiana law limits the amount of time you have to take legal action, so call or fill out our convenient online form today.
