Learning that your newborn has suffered a birth injury is terrifying. If your baby has been injured because an obstetrician, a doctor, another medical professional, or a hospital was negligent, you may have grounds for a medical malpractice lawsuit. The best way to protect your child is to work with a capable birth injury attorney.
At Chatham Gilder Howell Pittman, we have extensive experience handling medical malpractice claims, including those arising from birth injuries. For nearly 100 years, we have been serving the North Mississippi community with dignity and compassion, and we are here to help you right this wrong.
Whether your healthcare provider failed to diagnose or respond to a problem during delivery or misused a medical device, we will fight tirelessly to protect your baby and your family. Our lawyers are committed to helping you obtain compensation to ensure that your child receives the best possible medical and therapeutic care possible.
Above all, we will make your case our cause and provide you with compassionate, skilled representation when you need it most. Contact our office today for a confidential, no-cost consultation.
Common Birth Injuries And Their Causes
Birth injuries (often referred to as birth trauma) are typically the result of complications during labor or delivery, improper medical techniques, or misuse of medical devices (e.g forceps, vacuum pumps). While some birth injuries are temporary, significant injuries can result in permanent damage to the child. Common types of birth injuries include:
- Birth asphyxia occurs when a baby’s brain or other organs do not get enough oxygen before, during, or right after birth.
- Shoulder dystocia occurs when a baby’s head and shoulders get trapped behind the mother’s pelvic bone during delivery. This event, if not managed properly and quickly by the medical professional handling the delivery, can result in severe complications for both the child and mother.
- Erb’s palsy (Brachial plexus injuries) occurs when nerves connecting a newborn’s spinal cord to the arms and hands are damaged after excessive traction is applied to a baby’s head or neck during childbirth. These injuries can result in paralysis of the child’s shoulder, arms, neck, or a loss of muscle control or sensation in the arms or hands.
- Cerebral palsy, which is often a congenital condition, can also be caused by injuries to the baby’s skull or other complications during delivery, such as asphyxia. Children with cerebral palsy can experience difficulties with mobility, speech, muscle spasms, and cognitive development.
- C-section injuries, such as facial lacerations, fractures, or nerve damage, can arise when the procedure is improperly performed. Newborns can also suffer respiratory distress during a C-Section, which can lead to long-term health problems.
- Infections, such as group B strep or meningitis, can be passed from the mother to the child in the birth canal if the doctor fails to diagnose and treat the infection before delivery.
Grounds for a Birth Injury Claim
To have a valid birth injury claim, we must be able to prove that (1) the healthcare provider failed to provide the mother and/or child with appropriate and accepted medical care, and (2) this failure caused injury to the child.
Although birth injury claims are complex and may involve multiple parties, it is likely that one medical professional was negligent for:
- Failing to identify complications during the pregnancy or delivery
- Failing to administer emergency treatment to the infant during labor
- Improperly using forceps or a vacuum pump
- Delaying a C-section
In short, healthcare professionals must be diligent at all times during the pregnancy and birth process, identify potential risks to the mother and child, and provide adequate care. Regardless of the birth injury that your newborn has suffered, we will work to hold the responsible party accountable.
Damages We Will Fight To Obtain
You can depend on our birth injury lawyer to fight for justice for you and your family. If your claim is successful, you may be awarded damages, such as:
- Medical and rehabilitative care
- Nursing care
- Physical or occupational therapy
- Lost wages while you care for your injured child
- Alterations to your home and medical devices to make your child’s disability more manageable
- Pain and suffering
- Scarring or disfigurement
- Loss of enjoyment of life
No amount of money can undo the harm to your baby, but you deserve just compensation to ensure that all of your child’s future medical and financial needs are met.
If your newborn has suffered a birth injury, you may be frightened and not know where to turn. Remember, we are here for you. Our medical malpractice attorneys have a demonstrated track record of success, having achieved substantial settlements and jury awards. Because we understand the physical, emotional, and challenges facing you, we will charge no attorneys’ fees until we obtain compensation for you. You must act quickly because the statute of limitation to file a birth injury claim is two years from the injury or discovery. Contact our office today so we can start working on your claim.
Chatham Gilder Howell Pittman helps those whose child has suffered birth injuries throughout Northern Mississippi including the cities of Southaven and Hernando as well as the counties of DeSoto, Marshall, Tate, and Tunica.