Lake Charles Birth Injury Attorneys
A birth injury can be traumatic. Having a child who was injured at birth is one of the most devastating situations a person can find themselves in. At The Townsley Law Firm, we understand the emotional strain of giving birth and realizing the doctor made a dangerous mistake that caused your son or daughter’s injury. Although medical providers have the training and experience necessary to deliver babies safely, their negligence can cause injuries to the mother or the baby during the pregnancy, labor, or delivery.
Birth injuries are often due to intentional or negligent actions. For example, the doctor could fail to discover medical issues during the pregnancy or administer incorrect medications. The resulting injuries that occurred due to the doctor’s misconduct can have long-lasting consequences.
The cost of treating a birth injury can lead to economic burdens. If you can’t afford your medical bills, you could face mounting debt. The doctor, nurse, or another healthcare professional should be held liable for the harm they caused. The Lake Charles medical malpractice lawyers of The Townsley Law Firm are ready to help you seek the compensation you need to cover your baby’s medical treatment and other expenses.
For a free consultation to learn about your available legal options, call us at (337) 377-0584 and speak with one of our Lake Charles birth injury attorneys.
Common Causes of Birth Injuries
All medical providers are responsible for providing a standard of care to women and their babies during every stage of pregnancy and delivery. Medical errors can happen and cause injury or death. According to statistics, one out of every 100 babies sustains some type of birth injury.
The most common causes of birth injuries include:
- Failing to diagnose a medical condition
- Medication errors
- Misusing or overusing labor-inducing drugs
- Delayed emergency cesarean section
- Failing to detect maternal or fetal distress
- Lack of necessary prenatal care
- Improperly pulling or twisting the baby during delivery
- Failing to identify a high-risk delivery and create a plan to mitigate injury
- Complications of a premature delivery
- Using vacuum extraction or forceps unnecessarily
- Monitoring the mother and baby inadequately during the pregnancy
Healthcare professionals are supposed to sterilize the equipment, devices, and tools they use before delivery. Handling these devices incorrectly could result in bacterial contamination. The mother and baby could suffer life-threatening infections if the doctor doesn’t wash their hands or uses contaminated tools.
The birth injury attorneys in Lake Charles, LA, from The Townsley Law Firm have the knowledge and experience to advocate for birth injury victims. We will fight by your side to seek the justice and compensation you deserve.
Birth Injuries Caused By Defective Medical Devices
Medical tools and equipment can contain defects that cause birth injuries. If the medical provider knows about the defective device but uses it anyway, they could be responsible for the mother or baby’s injuries. However, there are times when healthcare professionals aren’t aware of the dangers of using certain tools. A manufacturing defect could mean the manufacturer should be held liable for the harm they caused.
Common defective medical devices doctors use while delivering babies include:
- Drugs
- Towels
- Sponges
- Extraction devices
- Syringes
- Masks, gloves, and other protective gear
The manufacturer could make an error during the design, assembly, or marketing phase of manufacturing a medical device. The most common issues resulting in a defect and causing birth injuries include:
- Providing a device containing hazards
- Assembling equipment incorrectly
- A poorly designed tool
- Using toxic materials to construct the device
- Installing the wrong parts on the equipment
The devices used during childbirth should contain parts that function correctly. Manufacturers are supposed to meet all safety and quality standards. They must also warn consumers of potential risks of using the product. The manufacturer could be at fault for a birth injury if they are to blame for the defective medical device.
Warning Signs of a Birth Injury
The signs of some birth injuries are noticeable immediately following childbirth. The most common early warning signs of a birth injury include:
- Rashes
- Seizures
- Vomiting
- Trouble eating or swallowing
- Broken bone
- Bulging of the head
- Sensitivity to light
- Difficulty breathing
- Lethargy
- Blue or pale appearance
- Excessive drooling
Sometimes, birth injuries aren’t apparent until years later and might only become noticeable when the child turns a specific age but doesn’t reach the necessary milestones, such as talking or walking.
Common warning signs of a birth injury during a child’s developmental years include:
- Trouble with speech
- Difficulty walking
- Not smiling or laughing
- Poor reflexes
- Inability to eat or swallow
- Hearing or vision issues
- Lethargy
- Underdeveloped or undeveloped motor skills
- Trouble with balance or coordination
- Inability to solve simple problems
- Inadequate weight gain or growth
If you notice any signs that your child suffered a birth injury, you should immediately bring them to the doctor. You should also consult an experienced birth injury attorney in Lakes Charles, Louisiana, at The Townsley Law Firm. We can review the facts and determine whether you have a case to pursue.
Risk Factors Associated with Birth Injuries
Injuries can happen to any newborn baby. However, some risk factors can increase the chance of an injury occurring during childbirth. The most common risk factors of birth injuries include:
- Premature birth
- Using forceps or vacuum to extract the baby
- Baby is breech
- Vaginal birth is challenging due to the shape or size of the pelvis or birth canal
- Overweight mother
- Delivering a large baby
- Diagnosis of preeclampsia, causing high blood pressure and organ damage
- Weak contractions, preventing the baby from moving through the birth canal during labor
- Cesarean section is required to deliver the baby
You should speak to your doctor about these risk factors and determine if any exist in your situation. Knowing the potential problems you could face and creating the appropriate birthing strategy could protect you and your baby.
However, it’s the doctor’s responsibility to discover any issues that increase the risk of a birth injury. If they don’t provide the necessary care during your pregnancy and the birthing process, you or your baby could suffer serious harm.
Pursuing Compensation in an Insurance Claim
A birth injury can lead to additional medical treatment, surgical costs, prescriptions, and other expenses. You also might need to take time off from work to recover or care for your injured baby. The healthcare professional’s negligence caused the injury and they should be financially responsible for your resulting losses.
You could file a medical malpractice claim against the doctor or facility. The settlement you receive should compensate you for the losses you suffered, such as:
- Medical bills
- Lost wages
- Lost earning capacity
- Mental anguish
- Loss of enjoyment of life
- Pain and suffering
- Long-term disability
Although an insurance claim might seem like a straightforward process, you shouldn’t take on the insurance company without seeking legal representation. Insurance companies are in the business of saving money and protecting their interests. They will not be on your side during the claims process. If you don’t have an experienced lawyer on your side, they could intimidate you into accepting a low settlement offer or unfairly deny your claim.
Your birth injury attorneys in Lake Charles, LA from The Townsley Law Firm can handle everything involved in the insurance claim on your behalf. From filing the claim to negotiating a settlement, you can depend on us to take on the responsibility so you can focus on what matters most – you and your baby.
Filing a Lawsuit for a Birth Injury
You could file a lawsuit against the negligent medical provider for your birth injury. However, you must follow a specific timeframe called a statute of limitations.
Louisiana enforces a one-year statute of limitations. That means you have one year from the date of the injury to initiate your lawsuit, or you could lose your right to seek compensation in court.
Sometimes, a birth injury isn’t apparent after giving birth. You might not realize the doctor made an error until years later. If that happens, you could file a lawsuit within one year from the date you discovered the injury instead of one year from the date the medical malpractice occurred. However, Louisiana’s statute of repose prohibits pursuing legal action after three years have passed since the date of the medical negligence.
Contact Us
Your doctor could have prevented injuring you or your baby if they had been more careful. Unfortunately, their negligent actions resulted in a birth injury.
The expenses you incurred should not be your responsibility if the medical provider were entirely at fault for what happened. The Townsley Law Firm is ready to help you hold the negligent health care provider accountable and pursue the money you’re owed for the suffering you endured.
Our Lake Charles birth injury attorneys have represented clients wronged by others since 1995. We will guide you through the entire legal process and provide the support you need to get through this devastating time in your life. Our legal team knows the struggles you’ve faced since the birth injury and will remain in your corner until the end.
If you or your baby suffered an injury during pregnancy, labor, or delivery due to a medical caregiver’s negligence, do not hesitate to contact The Townsley Law Firm. We can discuss the incident with you during a free consultation and determine what we can do to help. Call us now at (337) 377-0584.
