Birth Injury Lawyer, Oregon

Realizing that your child may have sustained a birth injury can be terribly difficult. Parents should be experiencing full joy over the birth of their newborn. But when peculiar symptoms arise, parents may enter a state of panic as to what has happened and what is to come. At Andersen & Linthorst, we understand that right now you may be wondering if a doctor or other medical professional made a serious mistake during the pregnancy, delivery, or after birth care. If your newborn has birth injury symptoms, then now is the time to speak with our Oregon birth injury lawyer about your situation. A medical professional and/or the facility may be liable for what you and your newborn has endured. Please contact our office as soon as possible so we can advise further on what to do next. If you decide to pursue legal action against an offending doctor or facility, we can guide the way.

Signs Of A Birth Injury

Symptoms of a birth injury may be apparent shortly after delivery, or within the months or years afterwards as growth milestones are not reached. Many injuries or impairments could have been the result of medical negligence or malpractice. If you have observed noticeable signs of a birth injury, then now is the time to get medical care from a different doctor than who treated you during pregnancy or delivery. You may even want to get a second opinion from a doctor at another medical facility entirely. If the medical facility hears that you may be taking legal action against them or one of their doctors, they may alter or destroy key evidence for your case. As our knowledgeable birth injury attorney explains, if you have seen any of the following birth injury symptoms in your newborn, please contact us immediately:

• A “floppy” appearance (lack of muscle tone)
• Bruises, abrasions, or swelling on the baby’s face, head, or shoulders
• The baby required CPR or a breathing tube after delivery
• The infant did not begin breathing following delivery
• Seizures are occurring within 48 hours post delivery
• One arm is limp in appearance

Keep in mind that these symptoms are not a complete list of symptoms that can be associated with birth injuries. Ultimately, if you notice something is not right with your newborn’s health shortly after delivery, then it may be a good idea to get another doctor’s opinion and then let us consult with you about a potential case. The doctor and/or medical facility may be liable for what has happened.

Andersen & Linthorst

Being a new parent and realizing that your newborn may not be healthy can be an agonizing situation. To know that a doctor or other medical professional could have made a mistake can add even more anguish to an already stressful circumstance. Some birth injury conditions are preventable, if only the medical staff had provided a certain standard of care during pregnancy, delivery, or following birth. If you suspect something went awry with your baby’s care, we urge you to contact our Oregon birth injury attorney for a consultation. Our team at Andersen & Linthorst is ready to speak with you.

Legal Options For Birth Injuries

When a child is born with a birth injury, it can be a devastating experience for families, raising concerns about the child’s health, future, and well-being. Birth injuries may result from various factors, including medical negligence, complications during labor, or improper monitoring of the mother and baby. In such cases, parents may explore legal options with an Oregon birth injury lawyer to seek justice and compensation for their child’s injuries. Understanding the legal avenues available is crucial for families facing this challenging situation. For more detailed information about your situation, call Andersen & Linthorst.

Understanding Birth Injuries

Birth injuries refer to physical harm that occurs to an infant during labor and delivery. These injuries can range from minor bruising to severe conditions like cerebral palsy, Erb’s palsy, or fractures. In many instances, birth injuries arise from medical negligence, such as improper use of forceps, failure to monitor the baby’s heart rate or inadequate prenatal care. Identifying the cause of the injury is essential for determining the appropriate legal action.

Seeking Legal Recourse

Consulting With A Birth Injury Lawyer

Parents considering legal action should first consult with an Oregon birth injury lawyer. An experienced attorney can evaluate the specifics of the case, determine if negligence occurred, and guide families through the legal process. They will assess medical records, consult with experts, and build a strong case to support the claim.

Gathering Evidence

To establish a case for a birth injury, your attorney will gather evidence demonstrating that the medical provider failed to meet the standard of care. This includes obtaining medical records, birth records, and any documentation related to prenatal care and labor. Expert testimony from medical professionals may also be necessary to validate claims of negligence.

Filing A Claim

If sufficient evidence is gathered, the attorney will help parents file a claim against the responsible parties. This could include the obstetrician, hospital, nurses, or other medical personnel involved in childbirth. The claim will outline the nature of the injuries, the alleged negligence and the damages sought.

Types Of Damages

In a birth injury lawsuit, families may seek various types of damages, including:

• Medical expenses: Compensation for current and future medical treatment, therapies, and necessary interventions related to the injury.
• Lost wages: If a parent needs to take time off work to care for the child, they may claim lost income.
• Pain and suffering: Compensation for the emotional distress and suffering endured by the child and family due to the injury.
• Rehabilitation costs: If ongoing rehabilitation is necessary, families can seek compensation for those expenses.

Negotiation And Settlement

Many birth injury cases are settled before reaching trial. Attorneys often negotiate with insurance companies or opposing legal teams to reach a fair settlement. If a settlement cannot be achieved, the case may proceed to trial, where a judge or jury will determine the outcome.

Statute Of Limitations

It’s essential for families to be aware of the statute of limitations, which sets a time limit for filing a lawsuit. This timeframe varies by state, but it typically ranges from one to three years from the date of injury or when the injury was discovered. Families should act promptly to ensure they do not miss this crucial deadline.

Call Our Birth Injury Law Firm For Legal Assistance

Navigating the legal landscape following a birth injury can be complex and emotionally challenging. However, understanding the available legal options can empower families to seek justice and the necessary support for their child’s needs. By consulting with a knowledgeable Oregon birth injury lawyer, parents can advocate for their child’s rights and secure compensation to help mitigate the financial and emotional burdens of caring for a child with a birth injury. With the proper legal guidance, families can take significant steps toward securing a brighter future for their children. Call Andersen & Linthorst to find out what legal recourse you have for your child’s injuries.

What To Know About Suing For A Retained Placenta After Birth

Retained placenta is a serious medical condition that can occur after childbirth. It happens when all or part of the placenta remains in the uterus after delivery, potentially leading to life-threatening complications for the mother. If this condition resulted from medical negligence, legal options may be available. Here’s a list of important factors to consider if you’re thinking about pursuing a lawsuit with a birth injury lawyer for a retained placenta. Andersen & Linthorst understands the severity of negligence from this, and have helped so many people get money back for their medical expenses, emotional trauma, and compensation for this kind of injury. It is always important to reach out sooner, rather than later, to ensure you do not miss a statute of limitations for filing.

Understand What A Retained Placenta Means

A retained placenta occurs when the placenta, which normally detaches from the uterine wall after childbirth, does not fully exit the body. This condition can cause severe bleeding, infection, and other complications. While it’s not always caused by medical negligence, there are instances where improper care or a lack of timely action by healthcare providers contributes to the problem.

Know The Potential Causes Of Medical Negligence

In some cases, a retained placenta happens because medical professionals fail to recognize or address warning signs during or after delivery. Examples of negligence might include:

• Ignoring symptoms of incomplete placental delivery
• Using improper techniques to remove the placenta
• Failing to monitor for complications post-delivery

If medical staff failed to meet the standard of care, you might have grounds for a lawsuit.

Recognize The Impact On Your Health

A retained placenta can lead to severe physical and emotional challenges. Women may experience postpartum hemorrhage, uterine infections, or even require emergency surgery, such as a hysterectomy, which can impact their ability to have more children. Beyond the physical effects, the emotional trauma of experiencing such complications after childbirth can be immense. A lawsuit seeks not only to hold negligent parties accountable but also to help you recover compensation for these life-altering impacts. Birth injury lawyers are knowledgeable in this and will know how to handle a case with a retained placenta.

Gather Evidence To Support Your Claim

To build a strong case, you’ll need evidence that demonstrates negligence and its connection to your retained placenta. Important pieces of evidence may include:

• Medical records detailing the delivery and postnatal care
• Documentation of symptoms, complications, or additional treatments
• Expert opinions from medical professionals about the standard of care

The more detailed and comprehensive your evidence, the stronger your case will be and the more your birth injury attorney can work with.

Understand The Compensation You Can Seek

A lawsuit for a retained placenta can help you pursue compensation for both economic and non-economic damages. These might include:

• Medical expenses, including future treatments
• Lost wages if you were unable to return to work
• Pain and suffering resulting from your experience
• Emotional distress caused by the trauma

Compensation aims to alleviate the financial burden and provide justice for the harm you’ve endured.

Be Aware Of Legal Time Limits

Medical malpractice cases are subject to strict deadlines, known as statutes of limitations. These deadlines vary by state but typically range from one to three years after the injury occurred or was discovered. It’s essential to act quickly and consult an attorney as soon as possible to ensure your case is filed within the required timeframe.

Choose The Right Legal Representation

A retained placenta lawsuit can be complex, requiring knowledge of medical standards and legal intricacies. Working with an experienced attorney who specializes in birth injury cases is critical. They can guide you through the process, handle negotiations with insurance companies, and build a strong case on your behalf.

Suffering complications from a retained placenta can be overwhelming, but you don’t have to face this challenge alone. If you believe medical negligence played a role in your condition, reach out to a trusted attorney who can help you explore your legal options. Contact Andersen & Linthorst  today to schedule a free consultation. Let us advocate for your rights and work to secure the compensation you deserve.

Birth Injury FAQs

An Oregon birth injury lawyer understands how devastating it can be for parents when they discover their infant suffered some sort of injury during labor or delivery. When that injury results from medical negligence, parents may be able to pursue legal action against those responsible. The following are some of the most common types of birth injuries the legal team from Andersen & Linthorst can help you with.

What Is Cerebral Palsy?

Cerebral Palsy (CP) is a neurological disorder that affects movement, coordination, and muscle tone. It results from brain damage before, during, or shortly after birth. Birth-related causes include:

• Oxygen Deprivation (Hypoxia): Prolonged labor or complications like umbilical cord compression can restrict oxygen to the baby’s brain.
• Head Trauma: Improper use of delivery tools like forceps or vacuum extractors can cause brain injuries.
• Infections or Maternal Conditions: Certain maternal infections during pregnancy can lead to CP.

Cerebral Palsy is often diagnosed during early childhood, and symptoms can vary from mild motor skill difficulties to severe physical and cognitive impairments. While it is a lifelong condition, treatments like physical therapy, medication, and assistive devices can improve quality of life.

What Are Brachial Plexus Injuries?

Brachial Plexus Injuries affect the network of nerves controlling the shoulder, arm, and hand. The most common form of this injury is Erb’s Palsy, which can result in partial or complete paralysis of the arm.

Causes of Brachial Plexus Injuries During Birth:

• Shoulder Dystocia: When the baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery, excessive pulling can stretch or tear the brachial plexus nerves.
• Improper Delivery Techniques: Excessive force applied during delivery or misuse of tools can injure the baby’s shoulder and nerves.
• Large Birth Weight (Macrosomia): Babies weighing over 8 pounds 13 ounces are at higher risk for these injuries.

Most cases of brachial plexus injuries improve with physical therapy, but severe cases may require surgical intervention to repair or graft the damaged nerves.

What Is Hypoxic-Ischemic Encephalopathy?

Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury caused by insufficient oxygen and blood flow to the baby’s brain during labor or delivery. This condition can lead to long-term cognitive, developmental, and physical impairments.

Risk Factors and Causes:

• Umbilical Cord Complications: Prolapsed or compressed cords can restrict oxygen flow.
• Placental Issues: Placental abruption or insufficiency can reduce the baby’s oxygen supply.
• Prolonged Labor: Extended labor increases the risk of oxygen deprivation.
• Medical Negligence: Delays in performing a necessary C-section or failure to monitor fetal distress can contribute to HIE.

Prompt medical intervention, such as administering oxygen, cooling therapy (hypothermia treatment), or an emergency C-section, can minimize brain damage. The severity of HIE often depends on the duration and extent of oxygen deprivation. An Oregon birth injury lawyer can determine the liable parties for your child’s injuries.

How Do Skull Fractures Occur During Delivery?

Skull fractures during birth are injuries to the baby’s skull bones caused by excessive pressure or trauma. These fractures can range from mild linear fractures, which typically heal on their own, to depressed fractures, which may require surgical intervention.

Common Causes of Skull Fractures:

• Misuse of Delivery Tools: Forceps or vacuum extractors used improperly can exert too much force on the baby’s head.
• Prolonged or Difficult Labor: Excessive pressure on the baby’s head during delivery can lead to fractures.
• Cephalopelvic Disproportion: When the baby’s head is too large for the mother’s pelvis, it increases the risk of skull trauma.

In most cases, mild fractures heal without long-term effects, but severe fractures can lead to complications such as brain injury or intracranial bleeding. Early diagnosis and treatment are critical to minimize potential long-term consequences.

Has Your Child Been Injured?

Birth injuries such as Cerebral Palsy, Brachial Plexus Injuries, Hypoxic-Ischemic Encephalopathy, and skull fractures are often preventable with proper medical care. Early diagnosis and intervention can improve outcomes, but these injuries can result in lifelong challenges for affected children and their families. If you suspect a birth injury, consult an Oregon birth injury lawyer to explore potential legal action for financial compensation for medical expenses and other damages. Call Andersen & Linthorst to learn more.

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