When a child suffers an injury at birth as a result of medical negligence, you may be able to file a claim for the damages your child has suffered. Birth injuries can cause a child to become permanently disabled or require life-long care while the parents endure physical, emotional and financial hardships. At Rizk Law, we understand how overwhelming and devastating it can be to have an injured child following his or her birth. Our birth injury lawyers in Gresham will work tirelessly to hold a negligent health care provider or a medical facility responsible for your child’s birth injury. We have helped countless families throughout Gresham and the surrounding areas obtain the justice and fair compensation they deserve.
Schedule a risk-free, no obligation consultation to find out if you have a case. We provide all of our services on a contingency fee basis, which means there are no costs unless you recover compensation.
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Why Birth Injuries Happen
Birth injuries can happen for any number of reasons and, in most cases, are often preventable. Health care providers have a duty to anticipate potential problems that are reasonably foreseeable and must intervene in a timely manner to prevent any harm to the mother and child.
When a health care provider fails to meet this medical standard of care, he or she can be held liable for negligence. Some ways medical negligence can cause birth injuries include:
- Pulling or twisting a child improperly during delivery
- Failing to schedule or perform a timely C-section
- Improperly handing forceps, vacuums and other birth assisting tools
- Neglecting to monitor the child properly for signs of distress
- Administering the wrong drugs to the mother during labor and delivery
- Failing to diagnose infections and medical issues in the mother and child
- Failing to provide adequate prenatal care
In the aftermath of a birth injury, you should consider contacting a Gresham birth injury lawyer to ensure that your claim for compensation will be properly pursued on behalf of your child.
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Common Types of Birth Injuries
Injuries to a child during a difficult labor and delivery can result in brain and muscle-related complications. These injuries can be temporary or in the most severe cases, last a lifetime. Our birth injury attorneys in Gresham have handled a variety of birth injury cases involving, but not limited to:
- Brachial plexus injuries – Brachial plexus occurs when the upper part of the arm is injured. This type of injury usually happens during labor and delivery when excessive stretching and force is used. If a health care provider applies improper pressure and force on a child during delivery, it he or she can cause sudden damage to the arm’s main nerves. This can result in the inability to use certain muscles and loss of feeling or weakness in the affected arm.
- Erb’s palsy – Erb’s palsy is a form of brachial plexus injury. These injuries cause damage to the nerves in the upper arms. Symptoms may involve loss of sensory or function in the arm, numbness in the arm or in the most severe cases, partial or full arm paralysis.
- Klumpke’s palsy – Klumpke’s palsy is another form of brachial plexus, affecting the nerves in the lower arms. Symptoms include loss of feeling or weakness in the arms, wrists and fingers. A child with this injury may have total paralysis in the affected arm and a claw-like hand appearance.
- Cerebral palsy – Cerebral palsy is a disorder that develops due to a brain malformation or injury before, during or after delivery. If a health care provider fails to recognize when a child is in distress or fails to give oxygen to a child when needed, this injury can cause motor deficiency and other permanent impairments. Symptoms may include difficulty walking or eating, visual problems, impaired speech, abnormal reflex responses, muscle spasms and hearing loss.
- Shoulder dystocia – Shoulder dystocia occurs when a child’s head and shoulders are caught in the mother’s pelvic bone during delivery. Children who are born face first can also experience this type of injury. Symptoms may involve nerve damage and pain to the injured area, a fractured collarbone, difficulty breathing and light paralysis of the affected limb.
- Hypoxic Ischemic Encephalopathy (HIE) – HIE is a dangerous brain injury that can happen when a child does not receive enough oxygen and blood to the brain and other vital organs. Being deprived of oxygen can cause severe impairments or death. Symptoms may involve poor muscle tone, a low heart rate, excessive acid in the blood, weak breathing or a bluish or pale skin tone.
If you believe your child suffered a birth injury caused by medical negligence in Gresham, you should consult with an attorney at our firm with experience in birth injury claims. We can help determine if you have a case that entitled you to compensation for past and future medical expenses, among other damages.
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Filing a Birth Injury Claim in Gresham, Oregon
Oregon follows a legal timeframe called the statute of limitations, which sets a deadline for filing a lawsuit after an injury. If you fail to file a lawsuit within the deadline, you will forfeit your right to file a lawsuit in court and obtain the compensation you need.
Birth injury claims are filed under medical malpractice lawsuits in Oregon. This means you must file a suit within two years from the date the injury occurred or when the injury should reasonably have been discovered. However, you cannot file a claim more than five years from the date the injury occurred.
Minors also have a two-year deadline to file a suit once they turn eighteen years old. In other words, a child must file a lawsuit within two years from the date of injury, but no more than five years from the date the injury occurred or one year after his or her birthday, whichever occurs first.
Even though a two-year deadline may seem like enough time to file a claim, you should not hesitate to act as soon as possible. It takes time to conduct an investigation into a case and gather the necessary information to help pursue justice and compensation from the negligent health care provider who injured your child. Contact a birth injury attorney in Gresham to schedule a free consultation.
Contact Rizk Law today at 503.245.5677 to learn more.
Compensation for a Birth Injury Claim
When a child’s birth injury results from medical negligence, the family may be entitled to compensation for their child’s pain and suffering. This can include compensation for both economic and non-economic damages.
Economic damages or monetary damages may include past and future medical bills, prescription medications, rehabilitation or physical therapy services, lost wages and in-home health care expenses.
However, Oregon has placed a cap on non-economic damages related to cases concerning birth injury medical malpractice. Non-economic damages are difficult to monetize. This means that birth injury victims and their families may be able to recover up to but no more than $500,000 in non-economic damages, such as pain and suffering, emotional distress, loss of companionship and other similar losses.
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Let a Birth Injury Lawyer in Gresham Review Your Case
The birth of a child is meant to be a joyous occasion, but when a health care provider negligently handles a delivery, it can result in a devastating and permanent injury to the child. If you believe your child’s birth injury resulted from medical negligence, it may be in your best interest to contact a birth injury lawyer to review your case and determine if you are entitled to compensation.
Our personal injury lawyers in Gresham, Oregon offer free consultations at no risk or obligation to you. If we find out you have a valid against the at-fault party, we will not hesitate to pursue your case and help you obtain the justice you and your family deserve. There are no fees involved unless we help you recover compensation for your child’s injury.
Experienced birth injury Lawyers. Ready to Help. 503.245.5677