When your child is unexpectedly harmed during birth, it is nothing short of devastating. You may be wondering what happened and who is responsible. Birth injuries that happen during labor or shortly after can be extremely stressful, and it’s very common for parents in these situations to be uncertain about their options or what to do next. Your medical professionals may be offering little or conflicting information, and you may be wondering how you can provide for you family’s needs going forward. A St. Louis birth injury lawyer from The Cagle Law Firm not only has the technical knowledge to address these complex legal issues, but we also understand how overwhelming a health issue with your child can be.
To speak with one of our skilled St. Louis medical malpractice lawyers about your birth injury case, you can call The Cagle Law Firm at (314) 276-1681 or submit a request online to schedule a free, initial consultation.
Common Causes Of Birth Injuries
Several factors can result in a birth injury, and you may not know what to think or believe after an accident causes harm to a loved one. Medical professionals owe their patients a reasonable standard of care in making sure that they are safe. When a professional such as a doctor, nurse, or pharmacist makes a careless mistake, they can cause a severe injury that may impact someone for life. Experienced birth defect lawyers know how to study medical records and may consult with third-party medical professionals to determine what went wrong and who is responsible.
Common causes of birth injuries can include one or several of the following:
- Oxygen deprivation to the child’s brain often referred to as hypoxia
- Overlooking signs of fetal distress
- Not conducting an emergency cesarean when a child is determined (or should have been determined) to be in distress
- Improper practice during a vacuum assisted delivery
- Failure of the doctor to intervene when a baby is especially large, technically known as fetal macrosomia
- Improper or overly forceful use of forceps during delivery
- A general failure of medical staff to properly communicate with each other during your pregnancy and delivery
Some Of The Most Common Birth Injuries
Your OB-GYN and their support staff must take various and critical steps as pregnancy develops and you give birth. If you do not receive proper medical attention, you and your child can suffer. It’s also important for you to know that your child may suffer from some medical problems that are not easily identifiable in the hours and days after birth. Obtaining the compensation that you need requires your lawyer to properly identify every injury that your child sustained during birth..
Some of the different birth injuries that may occur include:
- Cerebral Palsy which can occur due to an interrupted oxygen supply during birth
- Spinal cord injuries
- Paralysis of the face which can be permanent or treated with surgery and therapy
- Bleeding in the skull (Intracranial Hemorrhage)
- Broken bones
- Brachial Plexus injuries that can permanently damage the child’s shoulder or arm
- Maternal injuries commonly caused during delivery by undiagnosed or improperly controlled bleeding
Be Aware Of The Statute Of Limitations In Your Birth Injury Case
The statute of limitations law regarding birth injuries in your state restricts the time that you have to file a lawsuit after an injury occurred to you or your child. It’s important to know there is a specific statute of limitations that applies to medical malpractice, and it’s shorter than regular personal injury cases. You only have two years from the date of injury to file a medical malpractice claim in both Missouri and Illinois. However, these rules are complex, and there are many exceptions. Two exceptions that apply to many birth injury cases include:
- The injured person is a child – Children and their parents in Missouri have eight years for their suit to be filed, or two years after their 18th birthday, whichever comes first.
- The injury is not easily detected – Your window to file a lawsuit can be delayed to begin on the date that you discovered the injury, or when you reasonably should have discovered the injury.
While you may think that the statute of limitations gives you a lot of time to consider your options, we recommend contacting your lawyer to discuss your case without delay. Medical malpractice suits can be very complicated, and you are required to bring forth your own expert witness. Gathering evidence, studying it, and working with a third-party witness can take a long time, so do not delay in seeking legal help.
The Birth Injury Lawyers At The Cagle Law Firm Can Help You
At The Cagle Law Firm, we understand that injuries to your child can be overwhelming for you and your entire family. You may not know how this happened, and you want answers. A careless or negligent medical professional owes you an explanation and appropriate compensation, so you can provide the proper level of medical attention and continue taking care of your family. Medical malpractice suits are always complex and highly technical. They require lawyers who understand how the law applies to the medical field and what it takes to obtain favorable results. If your loved one sustained a birth injury, do not delay in calling a highly-skilled St. Louis birth injury lawyer to help you through this difficult time.
Contact The Cagle Law Firm today to speak with a Missouri or Illinois birth injury lawyer. You can call us at (314) 276-1681 or submit a request online.