Birth Injury Lawyer Grants Pass, OR
As a birth injury lawyer Grants Pass, OR at Andersen Morse & Linthorst may tell you, birth injuries can happen when harm is done to the baby during or after delivery. There are many ways that a birth injury can occur. Some injuries arise simply due to unpredictable factors or because the medical personnel failed to uphold a reasonable standard of care to both patient and baby. Having a baby is an exciting time, but if something goes wrong, you may find yourself needing to know about birth injuries and the legislation surrounding it. Here’s what you need to know:
Obtaining Legal Help
If the doctor or medical staff made an error or were negligent at any step during the delivery process, they may be held accountable through legal action. It can be difficult to determine whether a birth injury occurred due to negligence or not. As a result, it is generally a good idea for parents to seek guidance from an experienced Oregon birth injury lawyer in Grants Pass if their child sustained birth injuries in Southwest Oregon.
Parents can be devastated to find out that their doctor may have made a crucial error when it came to the wellbeing of their child. However, parents do not need to navigate this reality alone. Our legal team of dedication lawyers from the firm of Andersen Morse & Linthorst may be able to help.
What are signs that the labor has turned into a medical emergency?
Labor and delivery can be unpredictable, as things can change in the matter of a moment. Doctors and staff must be trained to not only be able to identify these situations, but know how to respond if the following scenarios arise:
- Fetal distress (oxygen deprivation)
- Uterine rupture (hemorrhaging due to uterus tearing)
- Umbilical cord prolapse (the umbilical cord may become compressed in between the baby and the birth canal)
- Baby isn’t breathing after birth (neonatal resuscitation for babies that are having trouble breathing, if not done correctly the lungs can be damaged)
- Placental abruption (the placenta separates from the uterine wall prematurely, resulting in bleeding)
- Placenta previa (a placenta that is laying low in a way that covers the cervix during labor)
If an infant is harmed following an emergency scenario, it may benefit parents to speak with a birth injury lawyer in Oregon at Andersen Morse & Linthorst. Sometimes, it is only after an investigation has been conducted that it can be determined whether medical staff handled the situation in a negligent, reckless or reasonable way.
What is a birth injury?
A birth injury occurs before, during, or right after birth and is not the same as a birth defect, which is damage caused by genetic mutations, infections, or exposure to toxic substances. There are many conditions that count as birth injuries. The most common birth injury is cerebral palsy, which can affect 2-3 out of every 1,000 children born. Other examples of birth injuries are bone fractures, infant brain damage, hypoxia, and wrongful death.
There are many conditions that qualify as birth injuries and they can be temporary or permanent. You might be able to identify a birth injury right away if your child is breathing slowly, has a slow heart rate, or has pale or blue skin. In other cases, you may not realize a birth injury has occurred until you notice a learning disability or speech-language disorder.
What errors may occur in the delivery room which increase risk of birth injury?
Doctors, nurses, and medical support staff may misjudge the situation, administer incorrect medication, wait too long to start a treatment, improperly monitor the fetus for distress, or something else that increases the chances of a birth injury happening. Inadequately trained or negligent medical staff may commit a major error in the delivery room:
- Delayed delivery (staff waited too long to induce labor, as they longer they wait to delivery the baby the more likely he or she is to sustain a birth injury)
- Inadequate monitoring of fetus (heart rate, blood pressure)
- Improper use of pitocin or other medications to aid contractions
- Poor administration of epidural (when not given correctly, it can lead to low blood pressure for both baby and mother)
When such tragedies occur, a birth injury lawyer in Grants Pass, OR may be able to assist parents in recovering compensation related to the negligent care their child received. This compensation may help to offset past and future medical bills as well as other losses stemming from the harm done to the child.
What should I know about birth injury law?
Birth injury law specializes in helping parents receive compensation for any injuries caused to their child by medical negligence. An OR birth injury lawyer in Grants Pass can help you determine if your baby’s injuries were caused by medical neglect, in which case they would be able to represent you, and will gather evidence and witnesses to support your case. Your lawyer will most likely propose a settlement during pre-litigation, but if the settlement is not accepted by both parties, your case will go to court. It may take a while for your case to be settled, so it’s important to remind yourself of that as you begin the process.
What if I think my doctor or a staff member made a mistake?
Those who believe their baby has become the victim of a birth injury due to poor medical care may consult with a member of our legal team for more information. Your baby may have had visible wounds, in which the doctor emphasized as being normal. Unfortunately, this may have only been a way for the doctor to elude responsibility and keep parents calm. In some cases, the impacts of a birth injury may not be noticed until months or years later. Talking with a legal professional may be the best way to figure out if you have a case for a claim against staff or the medical facility.
Do I really need a lawyer?
Birth injuries can cause permanent damage and result in the need for therapy or special education for your child. If the birth injury is caused by medical neglect, you will want to find a lawyer to represent you so you can receive fair compensation. It is impossible to receive any compensation without a lawyer assisting you through the process, as the lawyer is experienced and knowledgeable about the process. You can rely on our team at Andersen Morse & Linthorst, as we have successfully represented clients in the past and have vast knowledge with birth injury legalities.
How much compensation may I receive?
The amount of compensation you receive can vary. If you win your case, you may be entitled to money for medical expenses, therapy, lost wages, emotional pain, special education, and punitive damages. This compensation can be invaluable as you raise your child, because you will need to provide from him or her in ways you were not originally anticipating. What exactly you will receive will depend on the outcome of your case. There is no way to know what you will receive before you begin legislation, but it’s certain that you will not get anything if you do not seek out a birth injury lawyer from Grants Pass to take your case.
Get Our Help For Your Child’s Birth Injuries
Giving birth to your child can be something you and your partner plan down to the last detail. However, there are uncertainties you may not even be able to imagine when it comes to giving birth. If you have given birth and your child has suffered from a birth injury, you may be left feeling confused. Was there anything the doctors or medical professionals could have done to prevent the birth injury? Was it a result of negligence? Will my baby be okay? There are many questions that are likely running through your head, but you should not have to worry about filing a lawsuit on your own if you are going through this. Instead, speak with our Grants Pass, OR birth injury lawyer from Andersen Morse & Linthorst. Families have trusted us for many years regarding birth injury lawsuits, and we will be here to support your family and give you the legal help you need. Contact us to set up your first consultation.
Important Information For Filing a Birth Injury Lawsuit
When you decide that you want to file a birth injury lawsuit, one of the first things you should do is get a copy of your medical records. We remind all of our clients that you have every right to view your healthcare information as this is a right protected by HIPAA. You can contact the hospital where you gave birth and request a copy of your record and your doctor should work with you to get this done in a reasonable format and amount of time.
Determining the Standard of Care
When it comes to filing a birth injury lawsuit, your birth injury lawyer Grants Pass residents trust must show that the medical professional did not provide you and your child with the standard of care, thus also showing that they were negligent in the way they treated you and your child. The standard of care means that a competent medical professional in the same position as your doctor with the same training and under similar circumstances would have done things the same way. Thus, if your doctor performed his or her duties as another medical professional would have, they showed the same standard of care. On the other hand, if they did not, they acted in a way that was negligent.
Common Birth Injuries
There are many types of birth injuries that can happen to babies immediately before being born and during the birthing process. Some of the most common are:
- Cerebral Palsy. A movement disorder that happens as a result of brain damage.
- Erb’s Palsy. Nerve damage that can result in paralysis.
- Hydrocephalus. Excess fluid in the brain resulting from a lack of oxygen to the brain.
It’s important to consider what you can do in the event of a birth injury and knowing the process and potential outcome will help you feel prepared for anything during this new time in your life. If your newborn suffered from a birth injury, please do not wait a second longer to contact a birth injury lawyer in Grants Pass, Oregon at Andersen Morse & Linthorst right away for a free consultation.