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Birth Injuries: Understanding Your Legal Rights and Options

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birth injuries

Welcoming a new baby into the world should be a joyous occasion, but when a birth injury occurs, it can bring immense fear, frustration, and uncertainty. Birth injuries can range from minor, temporary issues to severe, lifelong conditions. At Buckeye Law Group, we are dedicated to helping families affected by birth injuries understand their rights and pursue the compensation they need for their child’s future.

What is a Birth Injury?

A birth injury is any damage or harm sustained by a newborn during the process of labor or delivery. These injuries can result from medical malpractice, improper use of delivery tools, or failure to monitor and respond to fetal distress. Common types of birth injuries include:

  • Cerebral Palsy: Often caused by oxygen deprivation during labor, cerebral palsy can affect a child’s movement, coordination, and muscle tone. The condition may require lifelong physical therapy, medications, and, in some cases, surgery.
  • Brachial Plexus Injuries (Erb’s Palsy): Nerve damage due to excessive pulling during delivery, potentially leading to weakness or paralysis in the arm. While some cases improve with physical therapy, others may require surgical intervention or result in permanent disability.
  • Fractures: Improper use of forceps or vacuum extractors can cause fractures, most commonly to the collarbone or limbs. These injuries can lead to pain, limited mobility, and, in some cases, require orthopedic surgery.
  • Brain Injuries: Trauma or lack of oxygen can lead to brain injuries that may result in developmental delays, seizures, or cognitive impairment. These conditions may necessitate specialized care, therapy, and educational support throughout the child’s life.

Causes of Birth Injuries

While some birth injuries are unavoidable, many result from medical negligence, including:

  • Delayed C-Section: Failure to perform a timely cesarean section when signs of fetal distress are present can lead to brain damage or other serious complications.
  • Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors can cause significant trauma to the newborn, resulting in nerve damage, fractures, or other injuries.
  • Failure to Monitor: Inadequate monitoring of the mother and fetus during labor can lead to undetected complications that harm the baby. Continuous monitoring is critical to detect signs of fetal distress, such as an abnormal heart rate, which may require immediate medical intervention.

Pursuing Legal Action for Birth Injuries

If your child has suffered a birth injury, it is crucial to understand your legal rights. A successful birth injury claim requires proving that a healthcare provider’s negligence caused harm. At Buckeye Law Group, we guide families through every step of the legal process:

  1. Free Initial Consultation: We will discuss your case in detail, helping you understand your legal options and the potential for pursuing compensation. We aim to provide you with a clear path forward, considering both immediate and long-term needs for your child’s care.
  2. Detailed Investigation: Our team works with medical experts to investigate the circumstances of your child’s injury and determine whether medical negligence occurred. This includes reviewing medical records, interviewing witnesses, and consulting with pediatric and obstetric specialists.
  3. Aggressive Advocacy: Whether negotiating with insurance companies or litigating in court, we strive to secure the financial resources needed for your child’s ongoing care and support. We fight to ensure you are compensated for medical expenses, therapy costs, pain and suffering, and any future needs.

Why Trust Buckeye Law Group?

With years of experience in handling birth injury cases, Buckeye Law Group is committed to providing compassionate, professional, and effective legal representation for families. We understand the challenges you face and are here to support you in securing justice and compensation. Our team is dedicated to easing the burden on your family while we pursue every possible avenue for holding the responsible parties accountable.

Conclusion: Taking the Next Step Towards Justice for Your Child

Facing a birth injury can be a daunting experience, but you don’t have to face it alone. Buckeye Law Group is here to help you understand your rights and pursue the compensation your family deserves. We are committed to ensuring that your child receives the care and support they need, and we will fight tirelessly on your behalf. Contact us today for a free consultation, and let us help you take the next step toward justice and peace of mind.

Call 800-411-PAIN or complete our contact form for a free, no-obligation case consultation today. 

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