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Birth Injury
Auburn Birth Injury Lawyer
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Auburn Birth Injury attorneys helping victims recover fair compensation.
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While childbirth should be a joyous and memorable experience, medical mistakes can make labor and delivery upsetting. When birth injuries happen, a skilled personal injury attorney might be able to help.
A personal injury lawsuit could be appropriate in the aftermath of a birth injury. Both the mother and child alike could be entitled to compensation for their injuries. An Auburn birth injury lawyer could evaluate your case and help you understand your best legal options moving forward.
What Are Common Birth Injuries?
Birth injuries take different forms. These serious conditions can impact the mother, the child, or both depending on the circumstances. Some of these injuries occur during labor and delivery, while others result from negligent medical care during pregnancy. Regardless of the circumstances, a determined lawyer in Auburn can pursue justice against a careless medical professional who causes a birth injury. Some of the common birth injuries that lead to civil suits include the following:
- Erb's palsy
- Diabetic retinopathy
- Intracranial hemorrhaging
- Shoulder dystocia
- Traumatic brain injuries
- Cerebral palsy
- Asphyxia
It is often challenging to navigate the legal system following a birth injury. The good news is that a parent considering a birth injury lawsuit does not have to pursue their case alone. Experienced legal counsel is ready to help.
Who is Liable for a Birth Injury?
Many individuals or entities could be responsible for a birth injury. For example, the doctor overseeing a child's birth is ultimately responsible for the infant's care. In many cases, these doctors are negligent by failing to closely monitor the mother or child to ensure they are healthy. Labor and delivery nurses are also liable in cases where they fail to carefully monitor the baby or mother for symptoms of distress or wait too long to seek assistance from a doctor.
The medical facility also be to blame, especially when the facility's hiring or training practices are improper. The hospital where the birth occurred could also be on the hook for damages if understaffed. With the help of a hardworking attorney in Auburn, victims can pursue legal action against each of the responsible parties, including doctors, nurses, or hospital administrators.
How Long Do I Have to File a Birth Injury Suit?
State law provides a hard deadline—known as the statute of limitations—for filing a lawsuit following a birth injury. In Auburn, the statute of limitations is generally longer than in other jurisdictions. However, it is also vital to recognize that medical malpractice claims have a much shorter statutory period than other personal injury cases. For birth injury cases, the amount of time a person has to file a lawsuit depends on whether the parent or child is pursuing legal action.
When a parent pursues a medical malpractice claim based on their child's birth injury, they have three years to do so. However, this period is longer when the child pursues a lawsuit without their parents, in which case, the statute is six years.
FAQ
What Signs Should I Look For if I Think My Baby Has a Birth Injury?
Some symptoms show up immediately, like bluish skin, seizures, trouble breathing, or a weak cry. Others are more subtle and won’t show up for weeks or even months. You might notice your baby is missing certain milestones, having trouble feeding, not moving one side of their body, or seeming unusually floppy or stiff.
If something doesn’t seem right, don’t ignore it. Even if your baby’s doctor says it’s “normal,” it’s completely okay to get a second opinion. You know your child better than anyone, and detecting problems early can make a huge difference for treatment and your legal options.
Should I File a Claim if the Injury Seems Minor?
Even the smallest signs can be a hint at something more serious. Some injuries won’t fully reveal themselves until your baby starts to grow and develop. Ultimately, what initially seemed like a minor issue can turn into years of therapy, medical care, and special education.
Catching a problem early helps your child and can help you recover the costs before they pile up. A quick conversation with a lawyer can give you peace of mind if you have doubts about your situation. There’s no downside to asking questions, but there could be a lot at stake if you wait too long.
Can I Still Take Legal Action if I Signed Paperwork at the Hospital?
A lot of parents think signing forms at the hospital means they give up their rights. Most of the time, that’s not true. Those documents usually cover things like consent for treatment and general hospital policies. They don’t excuse medical negligence or block you from filing a claim if something goes wrong.
If you’re not sure about the paperwork, bring it to us. We’ll look it over and tell you in plain terms what you signed and whether it affects your legal rights or not.
Will Filing a Claim Make Things Tough on My Family?
That’s a fair concern. The idea of a legal battle on top of everything else you’re dealing with can cause a lot of stress. However, most birth injury cases settle outside of court. That means no trial, no courtroom, and a generally quicker resolution.
If your case does go to trial, we’ll be right there with you to manage everything and walk you through every step. You’re not doing this alone. We keep the process as smooth and low-stress as we can so you can stay focused on your child’s needs.
Do I Have to Pay Anything Up Front to Talk to a Lawyer?
Absolutely not. Talking to a birth injury lawyer should never cost you anything up front. Most attorneys work on a contingency fee basis, which means their payment only comes out of a settlement or verdict.
If you don’t win your case, there’s no fee for the lawyer. That setup exists so parents can get legal help without worrying about how they’re going to pay for it during such a tough time.
You’ve already got enough to deal with: mounting hospital bills, missed time from work, and emotional stress. A consultation is free, and it can help you get a clear idea about what to do next.
Call a Knowledgeable Birth Injury Attorney in Auburn Today
There is no time to delay when it comes to pursuing a birth injury lawsuit. In order to secure the compensation you or your child needs to deal with these injuries, reach out to an Auburn birth injury lawyer today and schedule a consultation.
Ben Gideon on Birth Injuries
“Birth injury cases can result in the highest recoverable damages of any type of medical malpractice case because the baby that is injured is going to have to live with that injury for the rest of his or her life.”
