Sometimes birth injuries are unavoidable, but there are also times when the injury was the result of medical malpractice during pregnancy, labor or delivery and could have been prevented. In these situations, the family may be able to file a lawsuit against the negligent health care provider to recover compensation for the effects of the birth injury. The effects of the birth injury could include physical limitations, medical expenses, lost wages, decreased quality of life, and pain and suffering. While compensation is not a cure, Rizk Law’s Vancouver birth injury lawyers know that compensation can help ease some of the financial burdens of a birth injury. Schedule your free legal consultation today so you can review your situation with a trusted attorney and find out how to move forward. If you have grounds for a birth injury lawsuit and want to go ahead with it, you will not be charged for our services unless you are compensated.
Our experienced lawyers handle cases involving many types of birth injuries that cause physical, financial and emotional damages. We are prepared to investigate birth injuries that occurred at Vancouver area hospitals, this includes reviewing medical records, backgrounds of health care providers who treated you and your child, equipment used and the standards of care that were followed or not followed.
To find out more about how we may be able to help you, contact us by calling 503.245.5677.
Reasons to Contact an Attorney Quickly
Did you know there is a deadline for filing medical malpractice lawsuits in Washington State?
If you miss this deadline, you no longer have the right to file a lawsuit. This means you will not be able to pursue compensation for your child’s birth injury through a lawsuit. This is why getting started with the legal process right away is so important. This is also why it can help you to have a qualified attorney representing you.
The Vancouver birth injury lawyers at Rizk Law can determine if you have a case and how much time we have left to file one on your behalf. The sooner you contact us the sooner we can get to work building a case and ensuring it gets filed on time. If you wait to contact us, you run the risk of running out of time to file a lawsuit and it will make it harder for us to build a case. Investigating these cases takes a lot of time, because proving medical malpractice is quite complicated.
Medical Malpractice Statute of Limitations in Washington State
Birth injury cases are also medical malpractice cases, so they are governed by Washington’s medical malpractice statute of limitations. This law says the lawsuit must be filed within three years of malpractice occurring, or within one year of when you discovered or reasonably should have discovered that the injury was caused by malpractice, whichever date is later. However, the law also says under no circumstances can a lawsuit be filed more than eight years from the date of malpractice.
Contact a Vancouver birth injury lawyers right now by calling 503.245.5677.
Types of Birth Injury Cases
There are a variety of birth injuries that can occur due to the negligence of a medical professional involved in the process. However, while some of these injuries will heal on their own relatively quickly and the baby will not suffer long-term problems, other injuries could cause lifelong health problems.
Some of the most serious birth injuries include:
Brachial Plexus Injuries
The brachial plexus is a cluster of nerves in the neck and shoulder that controls feeling and movement in the hand and arm. If these nerves get stretched or compressed when the baby is being pulled out of the birth canal, it can lead to loss of feeling and muscle weakness in the arm, shoulder or hand. You may notice your baby holding one arm close to the body and not moving it. Sometimes the hand can have a claw-like appearance because the child cannot move his or her fingers.
In extreme cases, nerves are completely torn away from the spinal cord, and surgery must be done to help repair the damage. However, the child may never be able to use his or her arm, hand or fingers without some sort of physical limitation.
In other cases, physical therapy can help improve range of motion and help strengthen the affected muscles. Medication may be used to help alleviate any pain that is associated with the injury.
The injury can occur if too much force is applied to the arm, shoulder and/or neck of the baby when it is being pulled out. It is more likely to occur during a feet-first delivery because there is more likely to be pressure on the neck, arm and shoulder area.
Erb’s Palsy
This is a type of brachial plexus injury and it occurs when the nerves in the upper arm suffer damage. Like other forms of brachial plexus injury, it ranges in severity depending on the seriousness of the damage to the nerves.
The child could experience complete or partial paralysis in the affected arm. The child may have a decreased ability to grip things and may hold the arm limp against the body because of the loss of sensation and ability to move the arm.
Cerebral Palsy
This is a condition caused by lack of oxygen during pregnancy or labor. The lack of oxygen causes brain damage that results in physical and cognitive problems for the child. For instance, the child may have epilepsy, vision problems, trouble with fine motor skills and intellectual problems. These could be lifelong problems for the child.
Problems are often identified when the child does not reach developmental milestones, like walking, crawling or rolling over. When problems are identified, the child may receive a range of treatments, including speech therapy, physical therapy, medications, occupational therapy, and behavioral therapy.
The lack of oxygen is often a result of medical malpractice. For example, doctors did not do a good enough job monitoring the fetus for signs of distress indicating a lack of oxygen. Doctors need to be prepared to respond to this to help the baby get the oxygen it is being denied. This could include performing a C-section to get the baby out. When the mother has risk factors for a difficult birth, doctors need to be ready to respond to complications to prevent life-changing injury to the baby.
If your baby suffered an injury caused by medical malpractice, contact our attorneys today for a free legal consultation. We know how to determine when malpractice occurred. We are prepared to review medical records, consult experts and gather other relevant evidence to build a strong case.
Contact a Vancouver birth injury lawyer today by calling 503.245.5677.
Discuss Your Case with a Vancouver Birth Injury Attorney
Families are often left to wonder why their child suffered a birth injury. They do not know all of the things that doctors are supposed to be doing and the precautions they should be taking to prevent injury to the baby. This is why it makes sense to discuss the situation with an experienced attorney.
The Vancouver birth injury attorneys at Rizk Law understand the many aspects of the birthing process and where malpractice often occurs. In a free legal consultation, we can discuss how malpractice may have played a role in your child’s injuries and your options moving forward. We will explain if we think it is in your best interest to move forward with legal action.
If you decide to pursue compensation, you will not owe us for representing you unless you receive fair compensation at the end of the legal process.
Fill out a Free Case Evaluation form or call our personal injury lawyers in Vancouver at 503.245.5677.