Birth Trauma Lawyer Medford, OR
A birth injury lawyer in Medford, OR at Andersen Morse & Linthorst law firm can understand the nightmare at discovering your baby is not perfectly healthy. A baby can become injured during the pregnancy, labor, or post-delivery stages. A doctor or other medical personnel who does not know exactly what they are doing may commit a tragic error or oversight. In some cases, the staff may be sufficiently trained and experienced, but then make a mistake that damages the health of mom and baby.
Unfortunately, many new parents are not aware that medical personnel are actually required by law to offer a reasonable standard of medical care to every single patient at all times. If they do not follow protocols and regulations, staff, doctors, and even the medical facility may be held legally accountable if a baby sustained an injury due to their mistake.
If you believe your baby may have been injured due to a medical mistake, please contact the Medford, Oregon birth injury lawyers at Andersen Morse & Linthorst. We can help you determine whether or not you have grounds for a solid legal claim against your baby’s medical providers. Medical malpractice and personal injury attorneys can assess your potential case and help to determine whether the medical professionals were at fault. Set up a consultation to discuss your situation today.
How can you tell if a baby has a birth injury?
Parents may not know what symptoms indicate that a baby has been injured. After seeking medical attention, please consider consulting with a member of our legal team if you witness any troubling symptoms. A baby that was injured may exhibit the following symptoms after being born:
- Heavy drooling
- Trouble swallowing or eating
- Appearing fussy and restless
- Favoring only one side of the body
- Sensitivity to lights
- Muscles overly loose or stiff
- Lacking strength in mobility
- Poor reflexes
- Shrill crying, grunts or other vocalizations
Are these symptoms going to show up right away?
Many of the symptoms listed above can be seen in the minutes or hours after delivery. For internal injuries that lead to learning disabilities, a parent may not realize something is wrong until the child is behind in reaching developmental milestones. Some injuries may have immediate consequences, while others won’t be observed until several years later (particularly during school-age years).
At any point that parents believe they may be witnessing a symptom tied to a traumatic birth injury, please consider connecting with a Medford birth injury lawyer at Andersen Morse & Linthorst for legal guidance.
The most common injuries sustained during childbirth include the following:
An infant with cerebral palsy typically has a lack of motor skill development, weak muscles, and muscle spasms. Cerebral palsy often results from damage to the brain during childbirth. Inadequate monitoring of the laboring mother, improper or insufficient birth techniques, and failure to monitor and recognize fetal distress during labor are all causes of extreme hypoxic (oxygen-deprivation) episodes, which can lead to cerebral palsy.
While surgeries may help the child to live a more normal life, there is no cure, and cerebral palsy patients often require a lifetime of therapy and special accommodations for their disabilities. Cerebral palsy can also lead to other health problems such as learning disabilities, vision and hearing impairments, and speech problems.
Through mishandling or overuse of force, an infant’s face may have too much pressure placed on it during the delivery, resulting in damaged facial nerves. Facial paralysis is more common when devices like forceps or vacuum extraction are used to pull the baby out. If your baby’s facial expressions seem peculiar, please talk with an oregon birth injury lawyer in Medford immediately for advice.
Oxygen deprivation during childbirth can cause brain injuries to an infant. These brain injuries can result in cerebral palsy or chronic seizures. If a doctor or other medical provider fails to monitor the infant adequately during and after birth, or carelessly allows the baby to remain in the birth canal too long, brain injuries can result. Brain injuries impact physical, mental, and intellectual well-being, and the consequences of even mild oxygen deprivation can be permanent.
A birth injury can lead to bleeding under a cranial bone, known as cephalohematoma. This could happen from the use of forceps. A cephalohematoma may clear up on its own within a few months but can carry with it other risks, such as anemia, jaundice, meningitis, or hypotension.
Brachial Plexus Injuries
Damage to the nerves that go from the upper spine to the neck, shoulder, arm, and hand can result from the birthing process. This injury can be temporary or can lead to a permanent disability. Mild cases involve the stretching of the nerves, while more severe cases consist of torn or ruptured nerves. In extremely severe cases of brachial plexus injury, complete paralysis can result. These can cause life-long consequences.
Additional injuries, such as bone fractures, hemorrhages, swelling, and spinal cord injuries, are also possible during delivery. Any of these can lead to temporary or permanent damage.
Can you tell me more about Cerebral Palsy?
As stated above, cerebral palsy is a common birth injury. As a birth injury lawyer in Oregon can talk with you about, this condition generally develops after a baby is deprived of oxygen either in the womb or during the birth process. Although not all diagnoses of cerebral palsy are tied to medical negligence, a staggering number of them are.
Even if a physician has insisted that the cause of a child’s condition is unknown, it is important to have a legal professional experienced in this kind of situation voice an opinion. As parents who are overwhelmed with caring for a small child and with that child’s diagnosis, you may shy away from the stresses associated with legal action. But it is important to your child’s future that if a medical provider was responsible, a claim is made against that provider’s insurance company to take care of your child in the future. He or she may be left with devastating injuries and enormous medical bills in the future. Making a claim with help create a secure future for your child where the dangers caused by lack of resources can be minimized, and his or her quality of life improved.
If the circumstances surrounding the development of your child’s condition warrant legal action, an experienced attorney at the Andersen Morse & Linthorst law firm can help to minimize the stresses associated with this process. Attorneys do the heavy lifting for their clients so that their clients can focus on the day to day necessities of life.
Medical care providers are required to uphold a certain legal duty of care in regard to their patients. If your physician exercised poor judgment and your child suffered as a result, you have the right make a claim and to take legal action. Even if you ultimately decide to forgo filing a claim, you owe it to your child to explore the legal options before making a final decision.
What types of actions may have led to the birth injury?
When birth tools are used incorrectly, this commonly leads to injuries in newborn babies. A doctor may use forceps or a vacuum to extract the baby, but may use too much force or pressure when doing so. The baby may have external signs of injury such as wounds, bruises and cuts, especially in the head area. A doctor who is trying to elude responsibility for these injuries may inform the mother that these are normal and nothing to be concerned about. If you are suspicious that there’s more to these injuries than the doctor or staff is telling you about, it may be time to consult with a Medford birth injury lawyer about your rights.
Can’t I just submit a complaint to the hospital instead?
If you send in a letter to the hospital about your concerns related to the birth injury, it may not respond in the way you had hoped. Some medical facilities may try to eliminate evidence to avoid having to pay financial compensation to the child. In addition, hospitals are not obligated to respond to unofficial complaints.
By simply stating your grievances, you may miss out on compensation for your child’s medical bills and the hospital may not take any action to remedy its dangerous practices. Filing a formal claim may help other families avoid the challenges yours has faced. You may want to speak with a Medford, OR birth injury lawyer for guidance before deciding on how you would like to take action.
Do I have a medical malpractice case for the birth injury?
When an infant is harmed by the actions or inactions of a physician or other healthcare provider, there may be a medical malpractice case. Our birth injury lawyers can navigate the medical malpractice system to get justice for families and children who have suffered due to the errors, negligence, and carelessness of medical professionals. We will carefully evaluate the records and information available and advise you about whether or not there is a claim, and we will help you understand why.
Many parents are ultimately overwhelmed in the wake of a diagnosis like cerebral palsy and other birth trauam related conditions. They may understandably wonder whether the pressures of a legal claim are worth the potential payoff of the process. However, when birth trauma leaves a child with serious condition, and your child will likely benefit from a lifetime of medical care, it is important to look at your options. So, even if you are overwhelmed by the legal process now, you should likely consider hiring an attorney (if appropriate) simply to better ensure that your child has access to the care he or she will need down the road.
Also, your efforts may help to ensure that other kids do not struggle with similar diagnoses as a result of medical negligence in the future. Please, consider scheduling a risk-free consultation today. A birth injury lawyer in Medford, Oregon would be honored to help you and look forward to speaking with you and your family.
When can I schedule a consultation with your office?
Yes. If your child has suffered birth trauma or injury, contact us to schedule a confidential, risk-free consultation with a member of our legal team today. It is not always apparent at first glance what factors involved in a pregnancy and birth that may have contributed to a medical condition. However, our firm has extensive experience handling birth injury cases and we understand how to search for truth. If it is determined that medical negligence played a part in the development of your child’s condition, we will provide necessary support and legal guidance as you weigh your options.
Should you ultimately decide to pursue legal action, a birth injury lawyer in Medford, OR at Andersen Morse & Linthorst law firm can work to ensure that you and your child receive the justice and financial compensation your child deserves.