Birth Injury Lawyer Near Me

If Your Baby Suffered a Birth Injury Because of Negligence, Turnbull, Holcomb & LeMoine Can Help

Medicine has progressed to the point that childbirth is no longer as dangerous an event as it once was where women used to be much more concerned about the health ramifications having a child would entail both for the mother and the newborn. Despite all of this progress, our birth injury lawyer team know to well – there is still a lot that can go wrong.

For every 1,000 children born in the United States, 6 to 8 are born with a birth injury, many of these birth injuries occur due to unforeseeable circumstances and issues that nobody has power over, yet some are the result of negligence on the part of doctors, medical staff, or hospitals.

Newborns and mothers that suffer birth injuries as a result of a doctor’s or similarly liable party’s negligence deserve compensation for the damages they suffer. Birth injuries can be extremely harmful since they can cause permanent health problems for the rest of a child’s life. Holding doctors accountable for negligent behavior is possible, you must filing a birth injury lawsuit.

Undoubtedly, a lawsuit an get you the compensation you need to cover the severe damages associated with these injuries and help stop similar negligence from harming others.

If your child has suffered a birth injury due to the negligence of a doctor or similarly liable party, contact Turnbull, Holcomb & LeMoine today at (205) 831-5040 or online for a free case evaluation, or to discuss your rights and options further.

Other Negligence Cases We Handle: Medical Malpractice

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Why Should I Hire a Birth Injury Attorney?

Filing a medical malpractice lawsuit over a birth injury is a demanding task even when one is best prepared. To attempt to handle a birth injury lawsuit on your own with no experience, education, or legal resources to call on is how you end up either getting mediocre compensation for a birth injury or none at all.

The process of negotiating a settlement or winning a medical malpractice lawsuit calls for proof that the defendant was negligent and that their negligence caused your injuries. Proving all of this is easier said than done. The negligent party’s insurance company will do everything they legally can to limit the amount of money they pay out to someone that has suffered a birth injury regardless of whether they deserve that compensation or not. They have you at a disadvantage and will exploit that by trying to trick you into taking lowball offers, revealing medical information they have no business knowing, and making statements that can harm your case.

Turnbull, Holcomb & LeMoine understands the sensitivity and pain that surrounds these kinds of cases and offers specialized legal assistance that can help those dealing with the difficult effects of birth injuries.

Our attorneys have experience not only successfully negotiating settlements on the behalf of those dealing with the effects of birth injuries, but also with filing lawsuits on their behalf and taking cases to trial as well. Turnbull, Holcomb & LeMoine will not balk at going to court and is devoted to fighting for the full value of compensation our clients are owed which has given our firm a reputation as one of the eminent personal injury firms across the nation.

What is a Medical Malpractice Lawsuit?

Birth injury cases fall under the category of medical malpractice which is when a doctor, another healthcare professional, or medical institution causes injury to a patient due to a negligent act or omission. It is important to understand that a doctor injuring a patient or making a mistake does not always constitute malpractice. Errors and complications that are beyond a doctor’s control are not considered medical malpractice.

Medical Malpractice and the Standard of Care

In order to be considered medical malpractice, a doctor needs to violate what is known as the standard of care. This is the level of expected medical care in a medical professional’s field deemed acceptable for the situation. This standard of care is determined through the comparison of similar medical professionals’ actions in similar circumstances that are considered prudent. The standard of care is not the same for all medical professionals and varies based on field, situation, and even the resources available to the medical professional. If a doctor or other medical professional is found to not have met this standard of care then they may be considered negligent.

Other Medical Malpractice Factors

Medical malpractice also requires the injury suffered by a patient to be caused by the aforementioned negligence perpetrated by the attending physician or another medical professional. There are many situations where doctors act negligently and violate the standard of care but do not cause an injury to their patients. Additionally, injuries or unfavorable medical outcomes can occur without a doctor acting negligently. Proving this connection between negligence and injury is key.

Medical malpractice also calls for a patient to have suffered an injury that causes significant damages. Doctors inadvertently harm patients all the time but those injuries are not always worth litigating. Filing a medical malpractice lawsuit is not something that should be taken lightly. These lawsuits can take a great deal of time and resources to see through to the end so the injuries you are seeking compensation need to be worth the investment one puts into this litigation. Since birth injuries often cause lifelong and severe health issues, the damages claimed in these cases generally satisfy this criterion.

What Our Birth Injury Lawyers Can Do for Your Case

Organize and analyze key evidence and records of your case.
Present the evidence to prove liability and damages.
Communicate with the insurance company.
Obtain the necessary evidence of medical malpractice.
Gather your medical records and bills.
Communicate with your healthcare providers to obtain missing records.
Work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim.
Negotiate to potentially reduce the amount of the bills you owe.
Network with investigators and experts to help strengthen your case.
Negotiate a settlement with the insurance company to get you the compensation you deserve.
File a lawsuit if a settlement cannot be reached to take the matter to court.
Represent clients in a trial to fight for their right to compensation.

Common Causes of Birth Injuries

The negligence that causes birth injuries can take on many forms. Failure to follow the standard of care regularly leads to birth injuries that would otherwise be avoidable. This negligence is not only perpetrated by doctors but other medical professionals as well or even the hospital itself. The following are the most common ways medical professionals cause birth injuries in medical malpractice cases.

Failure to identify and plan for complicated or high-risk deliveries
Failure to properly monitor the mother and baby
Failure to diagnose and treat problems prior to delivery
Failure to diagnose maternal medical conditions
Failure to recognize and address umbilical cord issues
Failure to order a timely Caesarean section or at all
Failure to identify and adequately respond to fetal distress/nonreassuring fetal heart tracings
Failure to diagnose and/or stop preterm birth
Failure to properly treat excessive bilirubin in a baby
Medication errors
Incorrect use of delivery instruments such as forceps and vacuum extractors

Seeking Compensation for Birth Injuries

It is possible to hold negligent doctors and other liable parties accountable for negligence that causes birth injuries. This is typically done by filing a medical malpractice lawsuit. Filing a lawsuit sooner rather than later is in your best interest since there is a statute of limitations of eight years for these kinds of cases. This basically means you have eight years from the date the injury was inflicted to file your lawsuit. A lawsuit such as this starts with filing a claim with the insurance of the negligent party. Then you can either proceed to settlement negotiations after a claim is accepted, or the claim can be denied and you will have to then file a lawsuit and take the defendant to court and seek compensation there.

HOW MUCH WILL OUR FAMILY WIN IN BIRTH INJURY LAWSUIT?

Common Birth Injuries

Cerebral Palsy

When a baby suffers brain damage during birth they can develop cerebral palsy. This condition is characterized by lack of muscle development, lack of motor function, and muscle spasms. There are many further complications that can develop due to cerebral palsy as well. This condition has no cure and requires a lifetime of therapy and assistance.

Brachial plexus injuries (Erb’s Palsy)

Newborns can suffer damage to the nerves that control arm and hand movement which are known as the brachial plexus. This damage, when mild, can heal on its own given time but more severe cases can lead to issues with the arms such as weakness, lack of control, and numbness.

Spinal Cord Injuries

Improper use of delivery tools such as forceps can cause trauma to be inflicted upon a baby’s spinal cord. This leads to a wide range of health issues ranging from paralysis, hemorrhaging, and even respiratory failure.

Hypoxic-Ischemic Encephalopathy

Babies can suffer brain damage during delivery due to a lack of oxygen. This is commonly known as birth asphyxia and more formally known as hypoxic-ischemic encephalopathy. Babies can suffer a lack of oxygen flow to the brain due to a host of maternal conditions, low blood oxygen, obstructions, or even strangulation.

Cephalohematoma

Trauma to a baby’s head can cause a cephalohematoma which is a clot that occurs between the baby’s skull and the periosteum. They typically look like a raised bump on the baby’s head and in many cases will go away on their own. However, there is a chance that they can develop complications and pose a serious health risk.

Facial Paralysis

Bruising of the facial nerves due to trauma inflicted during delivery can lead to facial paralysis or facial nerve palsy. This can cause issues with a baby’s control of their facial muscles in the form of eyelids that don’t completely close, no movement in certain parts of the face, or asymmetrical movement of parts of the face like the lips.

Fractured Collar Bones or Clavicles

Improper delivery techniques can cause trauma to a baby’s collarbone or clavicle and fracture them during delivery. Baby bones heal faster and are more flexible but the damage caused by a bad break can have long-term consequences.

Wrongful Death

There are many cases where a newborn does not survive due to negligence. The reasons for this are as plentiful as forms of negligence. Their wrongful death can still be the basis for a medical malpractice claim in which negligent medical professionals can be held accountable.

Birth Injury Damages

When a child suffers a birth injury they often face many long-term negative consequences. These losses caused by a birth injury are known as damages. Birth injury lawsuits often claim especially high damages and require significant compensation to cover since they can be permanent and affect almost every facet of the injured party’s life. Birth injury cases often end up settling for millions because of these severe damages. Some of the most common damages claimed in these cases include:

Medical expenses
Lost wages
Disability costs
Pain and suffering

Mental anguish
Loss of enjoyment of life
Emotional distress
Court costs and legal fees

Speak to Turnbull, Holcomb & LeMoine About Your Birth Injury Lawsuit

If you have had a child that suffered a birth injury due to the negligence of a doctor or other liable party, the best way to fight for your rights and to get the most compensation possible is to hire an experienced and aggressive personal injury attorney.

At Turnbull, Holcomb & LeMoine, we have the experience, knowledge, and resources to handle the complexities of personal injury lawsuits involving birth injuries, including those involving liability disputes, multiple at-fault parties, and other complications. Let us handle your claim so you can focus on what is really important: your health and your family.

Contact us online or call (205) 831-5040 to schedule your free consultation. There is no obligation and no risk. We look forward to hearing from you.

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2101 6th Avenue North Suite 1100 Birmingham, AL 35203

Phone: (205) 831-5040

Toll Free Phone: (888) 488-9616

Fax: (205) 848-6300

945 East Paces Ferry Road Suite 2275 Atlanta, GA 30326

Phone: (404) 793-2566

Toll Free Phone: (888) 488-9616

Fax: (205) 848-6300

1811 Bering Drive Suite 300 Houston, TX 77057

Phone: (281) 888-0911

Toll Free Phone: (888) 488-9616

Fax: (205) 848-6300

Our Offices:

2101 6th Avenue North Suite 1100 Birmingham, AL 35203

Phone: (205) 831-5040

Toll Free Phone: (888) 488-9616

Fax: (205) 848-6300

945 East Paces Ferry Road Suite 2275 Atlanta, GA 30326

Phone: (404) 793-2566

Toll Free Phone: (888) 488-9616

Fax: (205) 848-6300

1811 Bering Drive Suite 300 Houston, TX 77057

Phone: (281) 888-0911

Toll Free Phone: (888) 488-9616

Fax: (205) 848-6300

No representation is made that the quality of the legal service to be performed is greater than the quality of legal services performed by other lawyers. - Alabama Rule of Professional Conduct - Rule 7.2 (e)

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