If your child suffered physical or muscle injuries at birth, you could have grounds for a medical malpractice claim. You may be able to recover damages with either a jury verdict or an out-of-court settlement. A physical and muscle birth injury lawyer from Newsome | Melton can help. We can help you hold the doctor or facility liable and collect the damages you deserve.
We offer a free initial case evaluation for physical and muscle birth injuries. Our attorneys will review your case and let you know what your legal options are and how we can help. You do not pay us until we recover damages. To get a free case evaluation with a Newsome | Melton medical malpractice lawyer, call 888-526-8947 today.
We Can Seek Damages for a Number of Physical and Muscle Birth Injuries
Childbirth is an intricate process, one that requires skilled medical staff to make sure the baby gets delivered safely. When a child is injured during, before, or immediately after childbirth, the doctor or one of his or her staff members (e.g., a nurse, nurse practitioner, or physician’s assistant) may be at fault. Many birth injuries occur because health care providers did not uphold their duty of care to the mother and child.
Here are a few types of physical and muscle birth injuries:
- Head trauma
- Brain injuries
- Nerve damage
- Injuries from shoulder dystocia (e.g., Erb’s palsy, Klumpke’s palsy)
- Spinal cord damage
- Cerebral palsy
If your baby suffered any condition listed above or any other physical or muscle injury during birth, we want to hear from you. We could be able to recover substantial damages on your behalf to cover the economic and non-economic damages you have suffered from your child’s injury.
Call Newsome | Melton today at 888-526-8947 for a free case evaluation.
Possible Causes of Physical and Muscle Birth Injuries
Physical and muscle birth injuries have many causes. Some arise seemingly spontaneously and are nobody’s fault. Others happen because of a medical error. Even if your baby’s condition arose naturally, the medical staff still has a duty to recognize what is happening and take proper action.
The physical and muscle birth injury lawyers at Newsome | Melton can show how the doctor, medical staff, and facility did not do enough to prevent or respond to your child’s emerging condition.
Here are a few possible causes of physical and muscle birth injuries:
- A rushed delivery
- A delayed delivery
- Abnormal positioning of the baby during childbirth
- Obstetric turn
- Accelerated or stimulated birth
- Forceps extraction
- Vacuum extraction
- Failure to order a C-section when necessary
Please note this list is not exhaustive. Dozens of other issues can arise during childbirth and lead to physical or muscle injuries. As with all of the circumstances listed above, your doctor is responsible for recognizing when something is not right and for intervening quickly and appropriately.
The medical malpractice lawyers at Newsome | Melton can investigate and determine who was responsible for your child’s injury. We can then gather evidence and hold that party liable to help you recover the damages you deserve. To get a free case evaluation today, call us at 888-526-8947.
Trust the Newsome | Melton Team With Your Medical Malpractice Case
At Newsome | Melton, our birth injury lawyers have handled many malpractice cases. We have recovered damages for our clients in both out-of-court settlements and jury trial verdicts. In amassing this track record, we know what it takes to recover compensation in a medical malpractice case.
Your case needs to include these four elements:
Your Doctor Had a Duty of Care to Your Child
First, we must show that your doctor had a duty of care to your child. A doctor-patient relationship implies a duty of care. Having established a doctor-patient relationship, we prove your doctor had a duty of care both to you and to your child.
Your Doctor Failed to Uphold His or Her Duty of Care
Second, we have to show that your doctor did not follow the acceptable standard of care. We do this using the reasonable professional standard. This standard compares your doctor’s actions to those of a reasonable professional. If the reasonable professional would have acted more diligently, then your doctor did not follow the standard of care. We can work with medical expert witnesses to study the evidence and help establish medical negligence.
Your Child Suffered a Birth Injury Because of Your Doctor’s Negligence
Third, we must link your doctor’s negligence to your child’s physical or muscle birth injury. We must present a compelling cause-and-effect relationship. To do this, we draw upon evidence, which may include medical records, lab test results, and expert witness testimony.
You Incurred Economic or Non-Economic Damages
Fourth, we have to list the economic or non-economic damages you and your child suffered as a result of your child’s birth injury.
Newsome | Melton Can Help You Recover Damages for Physical and Muscle Birth Injuries
You could be eligible to recover compensation many types of damages caused by your child’s injuries, including:
- Medical bills
- Lost wages
- Medical devices
- Special needs costs
- Pain and suffering
- Emotional distress
The Statute of Limitations
Do not delay in getting a lawyer and taking legal action. Every state has a statute of limitations for birth injury lawsuits. Some are as short as one year. You can be time-barred from filing a lawsuit if you wait too long to take action.