Maine Birth Injury Attorneys

The birth of a child is supposed to be a joyous occasion. Unfortunately, not all births in Maine end with joy. Sometimes, the mother or baby sustains birth trauma, which can have extensive and long-term results.

Certain types of birth injuries are common and even expected. For example, mothers often experience some tearing of the uterus, so doctors and hospitals are typically already prepared for this trauma. But other types of trauma aren’t expected. This doesn’t, however, mean that medical professionals should not be alert for them.

When the medical team handling the birth of your child doesn’t take appropriate measures to protect you from birth trauma — or does something to cause you to suffer birth trauma — you have the right to take legal action. A birth injury attorney in Maine from Gideon Asen can help you navigate the aftermath of a traumatic birth.

You deserve to focus on your health and the well-being of your child after a birth injury. Let our trusted team handle the complexities of the legal landscape on your behalf. Contact a Maine birth injury lawyer from Gideon Asen today to schedule a free consultation.

When Do You Have the Right to Pursue Legal Action in Maine?

Not all birth injuries or birth defects are the fault of the medical team who assisted with the birth of your child. Some defects or injuries may be unavoidable, but how can you tell the difference?

The best way to find out whether you have a viable case is to consult knowledgeable legal and medical professionals. The childbirth injury attorneys at Gideon Asen have decades of combined experience, so we know how to identify whether a birth injury was caused by medical malpractice. We also work with skilled doctors who can examine the circumstances of your case in detail and provide professional testimony in court.

Our Maine birth injury lawyers look for evidence that the doctors, nurses, or hospital staff violated established medical standards and that this negligence directly resulted in the harm you or your child suffered. Because we have a long track record of successfully handling birth injury cases, we know what factors to watch for and where to find evidence.

Perhaps the greatest difficulty in these cases is that evidence can disappear quickly after a birth injury. Records may disappear, or witnesses may refuse to speak to our investigators. To protect yourself and your child, it’s important to contact our law firm as soon as possible after suffering a birth injury.

Common Types of Birth Trauma

Negligent birth trauma can affect the mother, the child, or both, depending on the circumstances. Additionally, some injuries may not be immediately apparent. If you suspect any type of birth trauma, make sure to get a medical evaluation as soon as possible. 

Here are some common types of birth trauma and signs you will want to look for:

Damage to the Reproductive System

Having a child takes a toll on any mother’s body, but it shouldn’t result in damage that prevents you from having further children. Your doctor should take steps to limit any harm to your reproductive system and advise you on all risks during difficult pregnancies. If they fail to do so, you can take legal action against them.

Keep in mind that you generally have three years to file a claim for medical malpractice in Maine. That is why it’s vital to consult a lawyer as soon as possible when you suspect you may have sustained birth trauma.

Brain Damage 

Another type of birth trauma that medical negligence can cause is brain damage due to oxygen deprivation. If your child is deprived of oxygen for more than a few moments, they may suffer brain damage that is often permanent. 

This type of trauma can occur when hospital staff don’t follow the proper procedures during a pregnancy. Even if brain damage isn’t immediately apparent, if your child develops slowly, you should consult with a birth defect lawyer immediately.

Shoulder Dystocia

Shoulder dystocia is a type of nerve damage that babies can suffer when descending through the birth canal. If the baby becomes stuck behind the mother’s pubic bone, the umbilical cord can become compressed, causing nerve damage and long-term consequences.

Medical staff should be alert to this danger. It is typically preventable by doctors and nurses who are giving the appropriate type of care to their patients.

Why Taking Prompt Action After Birth Trauma in Maine Is Vital

Taking legal action against a medical professional can be a challenge in the Pine Tree State. When you suffer a personal injury in Maine, you have six years to take legal action against the responsible party. However, for medical malpractice claims, you usually only have three years to bring a claim. A notable exception is if the victim is a child, in which case you often have six years.

This means that the amount of time you have to act is different depending on whether you were injured or your child was injured. Whether you have three or six years, though, it’s crucial to act quickly, as medical malpractice cases can be quite complicated.

The earlier you seek legal help from our birth injury attorneys, the more time we will have to investigate your case and build a strong defense. We may also need to consult medical professionals to support your claim and take part in a preliminary hearing.

Maine requires every plaintiff who files a medical malpractice lawsuit to participate in a prelitigation screening panel. This is a type of hearing where the court hears testimony from those involved and other doctors to determine whether the defendant violated the established medical standards, resulting in an injury to the plaintiff.

Our lawyers for birth injuries at Gideon Asen can move swiftly to gather evidence and file all appropriate paperwork to ensure you don’t miss any relevant deadlines. It all starts with scheduling a consultation with our team as soon as possible after suffering birth trauma.

Frequently Asked Questions

Consult Our Maine Birth Trauma Lawyers Today

Did you or your baby sustain an injury during birth? You may be entitled to compensation under Maine law if those injuries were caused by medical negligence. The seasoned team at Gideon Asen has recovered millions of dollars in compensation for our clients, and we don’t shy away from complex cases. 

Don’t wait to protect your child’s future. Contact us as soon as possible to schedule a free consultation.