{ "@context": "https://schema.org", "@type": "Attorney", "name": "Jensen Phelan Law Firm, P.C.", "alternateName": " ", "description": "Arizona personal injury lawyers", "url" : "https://www.jensenphelanlawfirm.com", "logo" : "https://www.jensenphelanlawfirm.com/wp-content/uploads/2020/04/logo.png", "image" : "https://www.jensenphelanlawfirm.com/wp-content/uploads/2020/04/logo.png", "telephone": " (928) 778-2660", "priceRange": " Contingency", "openingHours" : "Mo,Tu,We,Th,Fr 09:00-17:00", "hasMap": "https://goo.gl/maps/c16DTKMwVNnx9GaPA", "address": { "@type": "PostalAddress", "streetAddress": "711 Whipple St", "addressLocality": "Prescott", "addressRegion": "AZ", "postalCode": "86301", "addressCountry": "USA" }, "sameAs":[ "", "", "https://www.linkedin.com/in/jensen-law-firm-b2637222", "https://www.facebook.com/jensenphelanlawfirm" ] } window.dataLayer = window.dataLayer || []; function gtag(){dataLayer.push(arguments);} gtag('js', new Date()); gtag('config', 'UA-167752804-1');
Available 24/7 Free Consultations
24/7 (928) 778-2660

The 5 Most Important Questions to Ask after a Birth Injury

Posted on May 16, 2021 in

As parents of a child harmed during birth, it is only natural to have questions and concerns. Being told that your child was injured is a very traumatic experience that can leave your family in the dark about what happened and what comes next. Perhaps you wonder if your child will follow the traditional developmental path, if they will need accommodations throughout their lives, and what the rehabilitation and treatment process requires. 

Injuries during childbirth can cost a family millions of dollars to treat. Birth injuries are all unique, and other children may exhibit different symptoms than your child. Having a sick or injured child is often a frustrating, frightening, and overwhelming experience, especially when you trust their care to a qualified professional. When you understand the basics about birth injuries, you may be better able to protect your rights and comprehend your child’s situation. If the child of you or someone you care about suffered a birth injury, you should ask these five important questions.

Who Is to Blame for Birth Injuries?

In most cases, birth injuries are due to the mistakes or errors of healthcare professionals, such as doctors, nurses, anesthesiologists, midwives, techs, pharmaceutical manufacturers, or others. 

Injury during childbirth usually results from certain factors, such as diagnostic errors regarding the patient’s condition, inadequate treatment, failure to provide reasonable fetal monitoring during labor and delivery, or complications during the birthing process. Using improper tools, mishandling the baby, or administering medications incorrectly can cause serious harm to the child and the mother. Deficiencies in medical equipment, harmful drugs, or hospital system errors may also contribute to birth injuries.

What Are Some of the Most Common Birth Injuries?

Injuries to the head and spine are some of the most common types of birth injuries. They are usually the result of misuse of forceps, tools, or other methods during delivery. A newborn might also sustain nerve damage in the neck and shoulder area when a delivery doctor forcibly and incorrectly pulls or twists the baby during birth. An untimely Cesarean section may result in oxygen deprivation, leading to serious brain damage. 

In the process of childbirth, infants can suffer head trauma and brain bleeds. As a result, the following are some of the most commonly encountered birth injuries: 

  • Cerebral palsy
  • Erb’s palsy
  • Facial paralysis
  • Spinal cord injuries
  • Bone fractures
  • Brachial palsy
  • Subconjunctival hemorrhage
  • Caput succedaneum 
  • Cephalohematoma 
  • Perinatal asphyxia 

Finding out that your baby was injured during birth due to a medical provider’s negligence is devastating. Located in Arizona, the Jensen Phelan Law Firm has helped many parents facing this painful situation hold responsible parties liable for their negligence and wrongdoing. 

How Do Birth Injuries Differ from Birth Defects?

Birth defects and birth injuries are not the same, despite their similarities. Genetics or other medical predispositions are usually to blame for birth defects. Alternatively, birth injuries occur when a child may be injured before, during, or after birth. Negligence and poor medical care may contribute to this.

How Do I Know If My Child Has Suffered a Birth Injury?

There are many different birth injuries, and they can present themselves in different ways at various stages. Generally speaking, parents of newborns should pay attention to any abnormal behavior or any halts in development that may indicate an underlying injury. 

Injured newborns may constantly cry, seem lethargic, or exhibit abnormal functioning in certain areas of the body. This can happen days after birth, but sometimes infants won’t show symptoms until later in their development. Do not delay contacting your doctor if you suspect that your child has sustained any sort of injury. 

Is My Birth Injury Case Valid?

Injuries at birth can be complex and require an extensive investigation. When your child suffers an injury, you have a right to pursue legal action against those responsible for their suffering. For more information about whether you may have a valid case, contact an Arizona personal injury lawyer who has experience handling medical malpractice cases involving birth injuries.

In order to avoid legal complications, you need to speak to a lawyer as soon as possible. In the realm of personal injury, the statute of limitations sets out the time limits for suing. The statute of limitations varies based on the type of case. Any and all cases filed after the statute of limitations has ended will be dismissed, regardless of the claim’s validity or the severity of injuries.  For all medical malpractice cases, including birth injury, the statute of limitations in Arizona is two years. 

Skilled Arizona Injury Attorneys Are Here to Answer Your Questions 

If your child suffered serious birth injuries due to the negligence of a doctor or other healthcare provider, you may be entitled to compensation. The birth injury lawyers at Jensen Phelan Law Firm have the experience and resources needed to represent your interests in and out of the courtroom. 

To request a free consultation with an Arizona birth injury attorney, please call us today at (928) 778-2660 or contact us online.