- What are birth injuries?
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Birth injuries often manifest themselves in a number of forms and diagnoses, but generally refer to any harm or damage that occurs to a baby prenatally, during the labor and delivery process, or neonatally. These injuries can be caused by a number of factors or influences, including but not limited to preventable medical error, medical negligence, prenatal errors by a medical provider, negligent labor and delivery care or treatment, negligent neonatal care or treatment, or even certain medical conditions of the mother or baby.
- What are some common types of birth injuries?
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There are multiple types of birth injuries, including hypoxic ischemic encephalopathy (known as “HIE”), hypoxic brain damage, cerebral palsy, Erb's palsy, brachial plexus injuries, facial nerve injuries, fractures, brain damage, aggravation of a preexisting condition, and significant infectious disease processes. However, each case is unique, and the specific type and severity of the injury can vary.
- What are the causes of birth injuries?
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Birth injuries can have one or multiple causes, including medical negligence, such as failure to monitor the mother for maternal health complications during the prenatal period, failure to monitor for baby’s distress, failure to monitor the baby, improper use of medical instruments, failure to perform available medical diagnostics or treatments, delayed C-section, inadequate prenatal care, improper C-section technique, excessive and inappropriate force during labor and delivery, failure to use available and safer delivery techniques, failure to call in help and/or assistance when necessary, improper use of medications and/or overmedicating mother or baby, failure to take proper diagnostics and treatment measures during prenatal, labor and delivery and/or neonatal care periods, or failure to detect and prophylactically treat serious infectious diseases, to name a few. Other factors that can contribute to birth injuries include the mother’s habitus, the baby’s size or dimensions, prolonged labor, non-reassuring fetal measurements, abnormal fetal positioning, amniotic fluid problems and/or intrauterine complications.
- How can I determine if my baby's injury was due to medical negligence?
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Determining if your baby's injury was due to medical negligence requires a thorough investigation of the circumstances surrounding the birth and depending on the type of birth injury sustained, may require medical monitoring over a period of time. It is advisable to consult with a knowledgeable birth injury attorney such as Adam Clark Law, who can evaluate your case, gather relevant medical records, consult with medical experts, and assess whether there was a breach of the standard of care that was a proximate or legal cause of your baby’s birth injury(ies).
- What compensation can I seek for a birth injury?
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The compensation you can seek for a birth injury depends on various factors, with categories of damages mostly based on the jurisdiction in which the alleged negligent care took place, and including the severity of the injury, the long-term impact on the child's life, the associated past and future medical expenses, and the child’s lost ability to earn money over a lifetime. You may be eligible to seek compensation for medical bills, ongoing treatment and therapy costs, assistive devices, pain and suffering, emotional distress, and future lost earning capacity. An experienced birth injury attorney can help assess your case and determine the appropriate compensation to seek.
- What is the statute of limitations for filing a birth injury lawsuit?
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The statute of limitations for birth injury lawsuits varies by jurisdiction and depending on the facts and circumstances of the case, may involve significant legal nuances. It is crucial to consult with a duly licensed attorney as soon as possible to ensure you do not miss any deadlines. Waiting too long to take legal action may result in the loss of your or your child’s right to pursue a claim.
- How long does a birth injury lawsuit take to resolve?
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The duration of a birth injury lawsuit can vary depending on various factors, including the complexity of the case, the willingness of the parties to reach a settlement, and Court schedules. Some cases may be resolved in a matter of months, while others can take several years. An experienced birth injury attorney can provide a more accurate timeline and opinions on estimates, based on the specifics of your or your baby’s case.
- How can a birth injury attorney help me?
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A birth injury attorney can provide valuable assistance by evaluating the merits of your case, gathering necessary evidence, identifying and consulting with duly qualified medical experts, negotiating with insurance companies, and advocating for your rights in Court, if necessary. They have the expertise to navigate complex legal processes and work towards securing the compensation you and your child deserve.
- What if I can't afford an attorney for my birth injury case?
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Adam Clark Law works on a contingency-basis, which means they only get paid if they successfully recover compensation for you. In such successful cases, the attorney's fees are a percentage of the settlement or court award. This arrangement allows individuals who may not have the means to afford upfront legal fees to still investigate and pursue their birth injury claims.
- How do I get started with a birth injury claim?
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To get started with a prospective birth injury claim, simply text or dial (606)922-4457, email adam@adamclark.law, or see the form on this website to connect with Adam Clark Law directly. Adam Clark Law will hear your story, ask relevant questions, and assess the potential for a legal claim.
