Even if there are no complications during pregnancy, childbirth can be a traumatic experience for mothers and children. This may occur if they are not given high-quality care from qualified medical professionals. Doctors who fail to recognize complicating factors or do not meet the standard of care expected of physicians in their position can end up causing debilitating harm to newborns.
No matter what kind of trauma you or your child sustained, a dedicated Phoenix, AZ birth injury lawyer can work tirelessly on your behalf to recover fair compensation. Money alone cannot completely undo the physical and psychological harm of childbirth injuries. However, pursuing civil recovery with the help of a skilled malpractice attorney at Phillips Law Group can be crucial to alleviating specific financial burdens and improving your family’s quality of life.
When Should a Birth Injury Lawsuit Be Filed?
It is worth noting that while every birth injury is unfortunate, not all of them are avoidable even with the best possible medical care. Doctors are not always civilly liable for any harm their patients may sustain. Medical professionals are expected to provide the same standard of care for their patients as any equally qualified physician would under the same circumstances.
Accordingly, the act may be negligent to a degree that will justify a lawsuit if an infant suffers physical trauma caused by a doctor, including:
- Improper use of forceps
- Failure to order a C-section when appropriate
- Failure to monitor vital signs consistently
- Some other overtly reckless or careless act
It is important to take action quickly after discovering that medical malpractice caused a birth injury. State law generally allows prospective malpractice plaintiffs two years from the date of discovery to file a suit. While the start of this two-year period can technically be delayed until an injured child turns 18 in some situations, it is always best to retain a Phoenix birth injury attorney and start the legal process as soon as possible to ensure the relevant evidence remains accessible.
Recovering Short-Term and Long-Term Damages
Filing a suit within the time limit mentioned above means starting and finishing the legal process early. Due to this, the full scope of harm caused by a permanent and debilitating birth injury may not have become apparent. This means it will be necessary to identify, estimate a fair value for, and demand compensation for various future damages that the injured child and their family may experience, including:
- Lost overall quality of life
- Physical pain and suffering
- Emotional and psychological anguish
- Long-term medical expenses, including costs of inpatient, therapeutic, and maintenance care, as well as assistive equipment such as a wheelchair
- Lost work and earning ability due to disability
- Lost work income and childcare costs for a disabled child’s parents
This is another reason why seeking help from an experienced lawyer can be crucial to achieving a fair outcome in a birth injury claim in Phoenix.
Contact a Phoenix Birth Trauma Attorney for Help
No child ever deserves to get injured in any way due to an adult’s reckless or careless misconduct, and certainly not a newborn infant who is under the care of qualified healthcare professionals. Unfortunately, this scenario occurs more frequently in hospitals than you might think. Proactively demanding civil restitution is sometimes the only way of recovering from trauma such as this effectively.
If you have questions about whether your circumstances could justify a malpractice claim, you should strongly consider consulting with a seasoned Phoenix, AZ birth injury lawyer. Call today to arrange a free consultation to discuss your options.
Available 24/7 