Birth Injury Lawyers Taking Cases Nationwide
We’re Here to Hold Negligent Medical Providers Accountable
Expecting parents spend months preparing for their newest family member to arrive, but no one plans for their newborn to suffer an injury during birth. Sadly, around 6-8 infants of every 1,000 born suffer some form of preventable birth injury.
Some of these injuries are relatively minor and can fully heal with the proper treatment. Others may be treated to mitigate symptoms but will continue to affect the child’s life. The worst birth injuries cause lasting disabilities that can change the course of a baby’s life forever.
For parents, the injustice of learning your child was hurt by those you trusted to care for them can be too great to bear. We understand you may be dealing with difficult emotions while seeking the best options for your baby and your family. You do not have to go through this alone: Athea Trial Lawyers is here to help.
Led by a team of six outstanding women, Athea Trial Lawyers helps those who were wrongfully injured find justice. With our team’s experience and credentials, you can trust we have the capability to handle even the most complex and serious claims. Our birth injury lawyers can help you and your family find answers, recover compensation, and push for systemic changes to prevent others from ending up in the same situation as you.
Let us know if you want help starting your birth injury claim by calling us at (800) 664-0161. Athea Trial Lawyers serves families nationwide.
When You Can Sue for a Birth Injury
Birth injury is a specific term that refers to harm caused by a doctor’s negligence during pregnancy, delivery, or labor. Birth injuries are separate from congenital birth defects, which are inherited medical conditions that are not preventable.
A key factor in whether you can sue for any injury, including a birth injury, is whether it was caused by negligence and, therefore, preventable. Birth injury claims specifically must show that a member of your medical team or the facility itself did not meet the standard of care. The argument you must be able to prove is that another qualified, non-negligent medical professional in the same situation would have provided better care, thus protecting your child from harm. Making this argument takes legal experience and credible testimony from medical professionals—two things our team can help you find.
Understanding the Causes of Birth Injury
There are multiple risk factors that can lead to birth injury, and often, filing a lawsuit is the best way to get answers regarding your doctor’s process and errors. Many risk factors can be spotted during the pregnancy, meaning your care team can prepare for what may be a difficult labor or delivery. These factors include:
- Cephalopelvic disproportion
- Maternal pelvic abnormalities
- Abnormal presentation
- Maternal hypertension
- Maternal diabetes
These factors are not always precursors of birth injury, and some birth injuries happen even when none of them are present. However, it is your doctor’s job to be aware of anything that could cause a complication and have plans to subvert any potential harm.
Birth injuries may also be caused by factors or mistakes that happen during childbirth. Harm to infants is often linked with:
- Prolonged or rapid labor
- Failure to monitor fetal vital signs
- Ignoring fetal distress
- Use of forceps or vacuum extractors
- Delayed C-section
If your child suffered a birth injury, you may be eligible to take action regardless of whether you know the exact cause. Our attorneys are ready to launch a full investigation to determine the depths of a doctor or other clinician’s negligence.
We Can Handle Serious and Complex Birth Injury Claims
The more serious a birth injury, the more important it is to maximize your compensation—and the harder it will be to do so. Injuries that lead to lifelong disabilities are likely to face the highest level of scrutiny because no insurer or medical facility wants to have to pay a fair settlement. Therefore, your case must be airtight, and your lawyers ready to address all forms of challenges. With an award-winning team that includes some of the top trial lawyers in the country, we can provide vigorous and unbending advocacy for you and your family.
Our team is here to help you if your child suffered a birth injury that is likely to cause lasting disabilities.
Hypoxic-Ischemic Encephalopathy (HIE)
When the blood flow to a fetus is impeded during labor, the baby will quickly become hypoxic, or low in oxygen. Ischemia, or insufficient blood flow to organs, can also result from this type of complication.
Though any part of the body can be harmed by hypoxia and/or ischemia, brain damage is the most devastating type of harm that can result. The brain does not have the ability to replace injured or dead cells, meaning each minute of low oxygen will permanently decrease the infant’s mental capacity. HIE causes severe disabilities and can increase the risk a child will die before reaching 2 years of age.
Cerebral Palsy (CP)
Cerebral palsy is a condition characterized by damage to the cerebrum, the part of the brain that controls movement as well as functions including speech, reasoning, emotions, and learning. CP is often caused by hypoxic injury during labor. Along with affecting an infant’s ability to control their muscles and posture, CP may cause:
- Learning disabilities
- Vision or hearing problems
- Difficulty speaking
- Joint problems
Though CP does not worsen over a patient’s lifetime, developmental disorders may not display their full effects at the time they are discovered. Parents of children with CP often discover additional disabilities or challenges as the child develops. Therefore, the child’s needs when it comes to assistive devices and accommodations may increase.
Brain or Spinal Cord Injury
Though rare, a doctor who intervenes in a difficult labor can damage the child’s skull or spinal cord if they use too much force. Traumatic brain injury (TBI) results in a loss of function and mental capacity. While an infant may be able to learn skills despite brain damage, they may also have to learn to live with a disability.
Spinal cord damage causes incurable paralysis that affects the body below the area of injury. The severity of the damage correlates with the level of paralysis; however, even a partial loss of mobility or sensation can cause extreme difficulty.
Help Your Family and Others with a Birth Injury Claim
Birth injuries do not happen by pure chance: They are caused by negligence, and filing a claim is the best way to address the issue and receive the help you need to care for your child as they grow up. When you start a suit, your lawyer can help you calculate fair compensation by working with medical professionals and life care planners to calculate related damages, including:
- Medical bills
- Ongoing medical needs
- Cost of accommodations and aid
- Respite care
- Lost wages (while getting your child treatment)
- Decreased earning capacity (of your child in the future)
Serious birth injuries will affect a child for the rest of their life, and even if you have wonderful health insurance, they are extremely expensive. Filing a claim is an essential step in ensuring you can provide your child with the support they need.
Additionally, filing a claim is the best way to prevent another family from facing the same hardships you are. Whether your child was harmed by a doctor or other medical professional who made a serious mistake or as a result of a faulty hospital/clinic system, we can help you find a remedy. Settlements for these cases often involve demands for change. Applying legal pressure is often the only way to make a lasting difference.
We Can Help You Start Your Birth Injury Claim
If you recently learned your child has a birth injury, it’s natural to wonder whether filing a lawsuit is even worth it. You have enough on your hands making sure your child is cared for. However, we strongly urge you to consider the option. Most birth injury lawyers offer free consultations, and the best firms provide enough support to ensure the case does not encroach on your limited time and energy.
Our team is here to help and—more importantly—to listen. When a trusted care provider’s negligence affects your family this way, it can be hard to know where to turn. We can provide support and help you find the answers and resources you need to move forward.
Athea Trial Lawyers is home to a group of some of the nation’s most formidable litigators. Call us at (800) 664-0161 from anywhere in the nation for a free consultation on your birth injury claim.
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Athea Trial Lawyers is a firm comprised of six of the most accomplished female trial attorneys in the nation. We don’t believe in glass ceilings and we don’t just lean in – we take the lead and WIN.
Friedman | Rubin, PLLP, Bremerton, WA
Mary Alexander & Associates, P.C
The Lanier Law Firm, Houston
Gair Gair Conason
Panish Shea & Boyle LLP
We provide unparalleled legal representation to our clients.
We build a winning case through expert storytelling and experience.
We work with other attorneys to obtain the highest verdicts or settlements at any stage.
We fund, support, mentor and promote female trial attorneys to take lead roles in prominent cases.
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