When a baby or mother is hurt during labor and delivery, the harm can last a lifetime. Families are often left with years of medical care ahead of them and hard questions about what really happened in the delivery room.
The Law Offices of Jeff Martin represents families throughout Oklahoma in birth injury and obstetric malpractice cases. From our office in Tulsa, we work with medical experts to review the pregnancy and delivery records and find out whether your child’s injury could have been prevented. Consultations are free, and you pay nothing unless we recover compensation for your family.
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What Causes Birth Injuries?
Birth injuries can occur for a wide range of reasons. That’s why a thorough investigation performed by an experienced personal injury attorney is crucial to determine what exactly caused your child’s condition. Possible and common causes are:
Failing to Catch an Infection
This cause can be attributed to medical negligence on the part of medical professionals who fail to diagnose and treat maternal infections during pregnancy. An untreated infection can harm the baby’s organs or cause premature birth.
Errors While Performing a Procedure/Surgery
Improper use of tools during delivery can cause brain damage, cerebral palsy, or even death. If the attending doctor makes a mistake while performing a procedure/surgery or does not complete one in time, it can cause serious harm to the infant.
Improper Administration of Drugs
Pain relief medication administered to the mother during labor can impact the baby’s central nervous system, cause breathing problems, or even lead to a stillbirth.
Improper or Negligent Use of Tools
Birth injuries can be caused when delivery tools like forceps or vacuum extractors are not used correctly. The improper application of these tools can lead to nerve damage, fractures, and hemorrhages in the newborn.
Failing to Diagnose an Issue With the Infant
In some instances, doctors fail to diagnose and treat issues with the infant immediately after birth. This can lead to severe complications that cause long-term medical problems and disabilities.
Not Performing a C-section When Needed
In some cases, a C-section is the only solution to ensure safe delivery. Doctors who fail to perform a C-section when they should be putting the lives of the child and mother at risk. This can lead to birth injuries like cerebral palsy, physical disability, and organ damage.
Common Types of Birth Injuries
During birth injury cases, our attorneys work with medical professionals to investigate the case and identify any medical errors that occurred. We also have connections with expert witnesses who can provide testimony regarding medical standards and practices, which can help prove that medical negligence occurred in the first place.
Some of the most common types of birth injuries include (but are not limited to):
- Cerebral Palsy. This is a neurological disorder that affects a child’s movement as well as muscle coordination. It is caused by damage to the brain before, during, or after birth. Children with cerebral palsy may have difficulty with basic motor skills such as crawling, walking, and sitting up. This condition can vary in severity, from mild to severe, and can have a significant impact on a child’s development.
- Lack of oxygen. During delivery, if a baby is deprived of oxygen for a prolonged period, it could lead to a condition known as hypoxic-ischemic encephalopathy. This can cause brain damage and lead to cognitive issues, speech impairments, and developmental delays.
- Organ damage. Injuries to internal organs during birth can lead to a range of complications. The liver, spleen, and kidneys are particularly vulnerable to damage during difficult deliveries. Organ damage can lead to long-term health problems and may require surgery or other medical interventions.
- Cognitive issues. Traumatic birth events such as oxygen deprivation or head trauma during delivery can cause serious cognitive issues. These can range from attention and memory deficits to learning disabilities and developmental delays. Children with cognitive impairments may require ongoing, specialized care such as speech or occupational therapy for many years.
- Broken bones. Fractures most commonly occur in the collarbone, arms, or leg bones of newborns during difficult deliveries. These can occur due to improper use of forceps or other delivery tools. Generally, these types of injuries heal on their own, but in some cases, surgical intervention may be required.
- Erb’s Palsy. This condition results from damage to the brachial plexus nerves that control movement in the arms and hands. It can occur when excessive force is used during delivery or when the baby’s shoulder becomes stuck. Children with Erb’s Palsy may have difficulty with fine motor skills and may require physical therapy.
- Brain injuries. Trauma to the brain can occur during delivery, such as when the baby’s head is compressed or twisted. Brain injuries can lead to a range of issues, including cognitive impairment or developmental delays.
- Nerve and spinal cord injuries. Excessive pulling, twisting, or pressure during a difficult delivery can damage the spinal cord or the nerves that control a baby’s movement and sensation. Depending on the severity, these injuries can cause weakness, paralysis, or lasting loss of function.
Proving Negligence & Recovering Damages
If you suspect your child’s injury was due to medical malpractice during childbirth, a birth injury attorney can help you achieve one of the most important elements of your injury claim: proving negligence. To prove medical negligence, you must provide evidence that the medical professionals failed to provide an acceptable level of care. Evidence can include hospital records, expert opinions, and witness testimony, among other things.
And, if your child sustained a birth injury due to medical malpractice, you may be entitled to compensation. Compensation can help cover medical bills, future medical expenses, loss of earning capacity, and various other damages your family has suffered due to the birth injury.
The available damages and the amount of compensation depend on the severity of the injury and the circumstances surrounding your case.
Contact us as soon as you can. Birth injury claims depend on medical records and expert review, and both are easier to secure early. Our attorneys will look at what happened during your pregnancy and delivery and explain your options in plain terms. The consultation is free, and there is no fee unless we recover compensation for your family.
FAQs
Yes, if the injury was caused by medical negligence. Oklahoma law allows families to bring a medical malpractice claim when a doctor, nurse, midwife, or hospital failed to meet the accepted standard of care during labor and delivery and that failure harmed the baby or the mother.
Not every birth injury means someone was negligent, because some complications happen even with excellent care. The real question is whether the medical team missed warning signs or waited too long to act when something went wrong. Answering that takes a careful review of the medical records by an attorney working with medical experts.
Parents can bring the claim on their child's behalf, and in many cases the family can also recover its own losses, such as the cost of the child's ongoing care. If you are wondering whether what happened to your baby could have been prevented, a free consultation is a good place to start, and you pay nothing unless we recover compensation for your family.
If you decide to pursue a birth injury lawsuit in Oklahoma, you can expect to go through the legal process of gathering evidence, filing a complaint, and potentially going to trial. It is important to have an experienced personal injury attorney on your side, as they can help guide you through this process and ensure that your rights are protected.
If it can be proven that the birth injury was caused by medical malpractice or negligence, you may be entitled to receive compensation for damages. This can include medical expenses, ongoing care and treatment costs, pain and suffering, loss of future earnings, and other related expenses.
Determining whether your child's birth injury was caused by medical negligence can be a complex process and may require the assistance of a personal injury attorney.
Some signs that may indicate medical negligence include:
- Failure to properly monitor the mother and child during labor and delivery
- Failure to respond to complications or emergencies in a timely manner
- Improper use of delivery instruments such as forceps or vacuum extractors
- Failure to perform a necessary c-section in a timely manner
- Administering incorrect medications or doses during labor and delivery
- Inadequate training or experience of healthcare professionals involved in the delivery process
If you suspect that medical negligence may have played a role in your child's birth injury, it is important to seek legal advice as soon as possible. An experienced personal injury attorney can evaluate your case and help determine the best course of action for seeking justice and compensation for your child's injuries.
It is crucial to gather all the necessary medical records and documentation related to the labor and delivery process as well as any subsequent treatment and care for your child's birth injury.
In Oklahoma, there are several parties who may potentially be held liable for a birth injury. These include:
- Obstetricians and Gynecologists: The primary healthcare provider responsible for managing the mother's pregnancy and overseeing the labor and delivery process.
- Nurses and Midwives: These healthcare professionals play a crucial role in monitoring the mother and child during labor and delivery, as well as providing necessary care and assistance.
- Anesthesiologists: If the mother requires anesthesia during labor and delivery, an anesthesiologist may be held liable for any injuries or complications that occur.
- Hospitals and Medical Facilities: In some cases, the hospital or medical facility where the birth took place may be held liable for a birth injury if it can be proven that their policies, equipment, or staff contributed to the injury.
- Pharmaceutical Companies: If a birth injury is caused by a defective medication given during labor and delivery, the pharmaceutical company may be held liable for damages.
It is important to note that determining liability in a birth injury case can be complex and may require extensive investigation and evidence-gathering. An experienced personal injury attorney can help identify all potentially liable parties and build a strong case for compensation.
If a birth injury is caused by medical malpractice or negligence, the injured party may be entitled to various types of compensation. These can include:
- Medical Expenses: Compensation for past, current, and future medical expenses related to the birth injury.
- Rehabilitation and Therapy Costs: If the child requires ongoing therapy or rehabilitation due to their injuries, these costs may also be covered.
- Pain and Suffering: Compensation for the physical and emotional pain caused by the birth injury.
- Loss of Future Earnings: If the child's injuries affect their ability to earn a living in the future, they may be entitled to compensation for this loss.
- Other Related Expenses: This can include costs for modifying a home or vehicle to accommodate the child's injury, as well as other related expenses.
In some cases, punitive damages may also be awarded if it can be proven that the liable party acted recklessly or intentionally causing harm.
It is important to note that compensation amounts vary on a case-by-case basis and can depend on factors such as the severity of the birth injury and its long-term impact on the child and their family. An experienced personal injury attorney can help evaluate your case and determine an appropriate amount of compensation to seek.
In Oklahoma, the statute of limitations for filing a birth injury lawsuit is two years from the date of the injury. This means that you must file your lawsuit within this time frame to have a valid claim. However, there are certain factors that can affect this timeline and potentially extend it.
Deadlines in birth injury cases can work differently than in other injury claims, especially when the injured person is a child. Oklahoma has specific rules for minors in medical negligence cases, and waiting too long can put a family's claim at risk. The safest step is to talk with an attorney as soon as you suspect something went wrong, so we can identify the deadline that applies to your child.
While birth injuries and birth defects may seem similar, there are some key differences between the two under Oklahoma personal injury law.
Definition:
A birth injury is defined as any physical or psychological harm that occurs to a baby during the labor and delivery process, usually due to negligence or medical malpractice. On the other hand, a birth defect refers to any physical or developmental abnormality that is present at birth and is not caused by external factors during the labor and delivery process. Birth defects are usually the result of genetic or environmental factors.
Cause:
As mentioned, birth injuries are typically caused by medical malpractice or negligence during labor and delivery. This can include errors made by healthcare professionals or failure to provide necessary care in a timely manner.
Birth defects, on the other hand, are often caused by genetic factors or exposure to harmful substances during pregnancy.
Timeframe of Occurrence:
Birth injuries occur during labor and delivery, while birth defects are present at birth. This means that birth injuries are typically preventable with proper medical care, whereas birth defects often cannot be prevented by the delivery team.
Legal Considerations:
In terms of legal considerations, birth injuries fall under personal injury law and can be pursued through a medical malpractice lawsuit. On the other hand, birth defects do not necessarily fall under personal injury law but may still be subject to product liability laws if they were caused by exposure to a harmful substance during pregnancy.
Yes, it is possible to file a lawsuit for emotional distress suffered because of a birth injury in the state of Oklahoma. Emotional distress refers to any psychological or emotional harm that has been caused by someone else's actions or negligence. In the case of a birth injury, this can include feelings of anxiety, depression, trauma, and other mental health issues caused by the injury and its impact on the family.
To successfully file a lawsuit for emotional distress, you must be able to prove that the liable party's actions or negligence directly caused your emotional distress. This can be a complex process, but an experienced personal injury attorney can help you gather evidence and build a strong case.
In the state of Oklahoma, birth injury cases involving twins or multiple births are treated similarly to other birth injury cases. However, there may be some additional considerations that need to be considered when pursuing compensation for these types of cases.
For instance, in cases where one twin is injured during delivery, but the other is unharmed, it may be necessary to pursue separate lawsuits for each twin to ensure that both receive proper compensation. Additionally, if the twins have different medical needs and require different types of care, this may also affect the amount of compensation sought.
It is important to consult with an experienced personal injury attorney who has experience handling birth injury cases involving twins or multiple births. They can help guide you through the legal process and ensure that all relevant factors are considered when seeking compensation for your child's injury.
Medical experts play a critical role in birth injury cases in the state of Oklahoma. These experts have knowledge and experience in the field of obstetrics and can provide valuable insight into the standard of care that should have been provided during labor and delivery.
In a birth injury case, medical experts may be called upon to review medical records, assess the extent of the injury, and testify in court about the cause and severity of the injury. They can also provide an expert opinion on whether medical malpractice or negligence occurred.
Medical experts are essential in helping to build a strong case for a birth injury lawsuit and can greatly impact the outcome of the case. It is important to work with an experienced personal injury attorney who has access to credible and reputable medical experts to ensure that your case is properly supported and presented in court.
