What is a Birth Injury Case?
Birth injury is a physical trauma inflicted during the birth process that results in physical, developmental, or cognitive impairment, or death, caused by the negligent or reckless act of a medical professional. It is an unexpected and life-altering occurrence for both mother and child with devastating consequences. Any medical complications at birth that are caused by the negligence of a doctor or nurse before, during, or after the birth procedure can entitle you and your child to damages.
If you or your child sustained injuries, or your child or loved one died due to an error or negligence during the birth process, contact The Fitzgerald Law Firm today.
Under the law of most states, negligence means the failure to use ordinary care. Ordinary care describes the degree of care, which should be reasonably expected of a medical professional. In the medical field, it is the duty of a physician or specialist to meet the standard of care by having an expected level of knowledge and skill and by demonstrating the care and skill ordinarily used by reputable professionals practicing in the same field and under similar circumstances.
Navigating negligence in the medical field can be overwhelming. The lawyers at the Fitzgerald Law Firm have over forty years of experience assisting clients in winning verdicts and settlements. Every birth injury has a unique set of circumstances that require expert analysis and attention to detail.
It is imperative to speak to a knowledgeable attorney as soon as possible following the discovery of the injury to review your case and understand the next possible steps. If you have a potential lawsuit, there is a progression of requirements that our team can help you understand.
What is the Statute of Limitations in a Birth Injury Case?
It can take months or years for birth injuries to surface due to child development. The Wyoming Statute of Limitations allows parents or guardians until the child’s twentieth birthday to file a birth injury lawsuit. Parental claims, which would fall under a medical malpractice suit, have a statute of limitations of up to two years from the incident or within a reasonable time of discovery of the injury.
Common Birth Injuries Include:
- Cerebral palsy
- Head trauma
- Brachial palsy
- Erb’s palsy
- Oxygen deprivation
- Premature birth
- Caput succedaneum
- Wrongful death
What Types of Damages Can be Claimed?
Birth injuries can cause a lifetime of difficulties and financial burdens for families. Our team of experienced birth injury attorneys can help you understand which damages your case is eligible for and how to receive what your family needs to begin rebuilding your lives. Each state has different limits in place for different types of claims. In Wyoming, there is no cap on the number of damages a plaintiff can seek in a birth injury case. Possible damages that can be claimed in a birth injury case include:
- Past, present or future medical bills
- Costs for medical assistance products like wheelchairs and walkers
- Pain and suffering
- Intervention therapies such as occupation, speech, or physical therapy
- Child care expenses
- Specialized care expenses
It is also possible to award punitive damages in a birth injury case. Also known as exemplary damages, punitive damages are allowed in certain cases to punish the defendant and to deter the defendant and others similarly situated from engaging in similar conduct in the future. A jury may award exemplary damages when it finds that the defendant’s misconduct was an intentional act or an intentional failure to act, in reckless disregard of the consequences.
Who can be held accountable for a Birth Injury?
Holding at-fault parties responsible for negligence is a substantial element of your claim. Our attorneys can help you uncover the facts and the truths that support your case to hold all responsible parties accountable. Depending on the circumstances of your case, an individual can be held liable for negligence, but in many cases, the hospital or organization can also be held liable as well as manufacturing companies that produce medical equipment.
Unfortunately, there have been instances where individuals or organizations attempt to hide details that will incriminate them. The Fitzgerald Law Firm places an emphasis on initial and thorough investigations that will help you find justice and peace of mind as you heal.
Birth injuries can also occur due to emergencies that were not caused by medical negligence. To see if your claim warrants an investigation and lawsuit the best action you can take is to speak to a birth injury lawyer. At The Fitzgerald Law Firm, we will review your case details and make sure you are set up for success whether or not your next steps include our service. Contact us today for a free consultation.
JUSTICE IS HEALING.
The Fitzgerald Law Firm Wyoming personal injury attorneys hold the record for the largest verdicts ever upheld on appeal in Wyoming for injuries and wrongful death.
For over 40 years, our personal injury law firm, based in Cheyenne, has delivered extraordinary results for clients all over the United States with our cornerstone belief: finding the truth and justice.
Schedule a FREE Consultation
If you have been injured or a loved one has been killed, you are welcome to contact us today for a free case evaluation.
Nationally Recognized Wyoming Personal Injury Law Firm