Birth Injury Attorney in Omaha, Nebraska
The birth of a child is expected to be a joyous occasion for the parents, relatives, and friends. However, medical negligence can quickly turn a happy occasion into a devastating and painful one when it causes birth injuries with potentially life-long consequences.
Birth injuries may mean endless hospital visits, crippling medical expenses, and an ambiguous future for the mother and her newborn. Some babies and mothers never fully recover after birth injuries. In worst-case scenarios, a baby, the mother, or both may succumb to birth injuries.
If you have been a victim of birth injuries, our Omaha birth injury lawyer at Welsh & Welsh, PC, LLO, can help you hold them accountable. We have been helping those wrongfully injured in Omaha for decades and have built a stellar reputation for obtaining favorable outcomes for our clients.
You and your baby should not suffer the consequences of a healthcare provider’s negligence. Our medical malpractice attorneys are here for you.
How do Birth Injuries Occur?
Medical professionals should look for danger signs during pregnancy, labor, and delivery. Failure to detect these signs may put both the mother and child at serious risk. Serious birth injuries can cause serious harm and affect the newborn’s health and development.
Parents may face great emotional trauma and a financial burden to cover hospital visits.
Causes of Birth Injuries
A birth injury can result from any of the following:
- Oxygen deprivation
A baby may be in grave danger if they do not get enough oxygen at birth due to external factors such as a prolapsed umbilical cord. It could also result from internal factors such as underdeveloped lungs. Oxygen deprivation can cause serious health complications.
- Medication errors
Errors such as under or overdosing on medications and anesthesia during labor could risk a mother’s and baby’s health.
- Delayed birth
A baby’s head is under high pressure during labor, especially inside the birth canal. If the labor is prolonged, it may lead to brain compression and permanent damage. The medical professional should monitor the baby and mother throughout labor so they can act if they notice fetal distress or rising blood pressure.
- Head trauma
Head trauma may result from delayed birth or applying excessive force during delivery. Head injuries are linked to various health issues and developmental issues.
- The force used during delivery
A medical professional may have to use force during the delivery process. However, using excessive force may hurt the baby. If the doctor applies too much force on the baby’s head or neck, they may suffer from brachial plexus or Erb’s palsy. Too much force may also damage nerves on the baby’s shoulders.
Types of Birth Injuries
While there are instances where a birth injury is not preventable, especially in circumstances involving a large or premature baby, the majority of birth injury incidents should never have happened. Some of the most common types of birth injuries include:
- Bruising
- Facial paralysis
- Fractures
- Broken bones
- Brain damage
- Shoulder dystocia
- Cerebral palsy
In addition to the newborn’s birth injury, the mother may also be injured during labor, such as when the baby’s shoulders get stuck in the mother’s pelvic bone. The mother and baby may get injured if a doctor does not act quickly.
If you think your baby has sustained birth injuries, talk to a medical malpractice lawyer as soon as possible.
Birth Defects Vs. Birth Injuries
A birth defect, also called a congenital disability, is an abnormal change present at birth or a predisposition to abnormalities. However, a birth injury is a result of negligence or medical errors.
Congenital disabilities are unpreventable, so you cannot sue for damages if your baby has congenital disabilities. However, you can sue the negligent party for a birth injury.
If you are unsure whether your baby suffered a congenital disability or a birth injury, seeking expert opinions and doing the necessary medical tests and checkups is crucial. If there is a chance that your baby’s condition is a result of a birth injury, talk to an experienced attorney to discuss your options.
Who can be Held Liable for Birth Injuries?
Determining who should be liable for a birth injury is the first step in fighting for justice. The following parties may be responsible for your birth injury:
- Doctors
- Nurses
- Birthing centers
- Medical staff at hospitals
- Midwife
You do not have to cover medical costs for a birth injury caused by negligent doctors and other health care providers. Talk to birth injury lawyers about how to get compensation.
How can Omaha Birth Injury Lawyers Help?
It is devastating to learn that your child suffered birth injuries. It is even more heartbreaking to know that the injuries could have been prevented. Here is what Welsh & Welsh, PC, LLO, attorneys can do for you:
- Review Your Case
We can review your case and see if you have a claim. Any evidence you may have at this point, such as medical documents and photographs of the injury, will be helpful.
- Collect Evidence
We can investigate your case and gather evidence that shows negligence led to your child’s birth injury. We interview witnesses, including the parents and family members, and obtain expert opinions. To win a birth injury case, we must prove that the healthcare providers who delivered your baby deviated from the standard of care.
- File a Medical Malpractice Claim
We file a medical malpractice claim against the medical provider’s insurance company for damages. We negotiate for a full and fair settlement and don’t settle for less than you deserve.
- File a lawsuit
We can take your case to trial court if the insurance company denies your claim or refuses to pay the compensation you deserve.
Contact Welsh & Welsh PC LLO for Legal Assistance!
Knowing that your baby is in pain is the worst thing that you can go through. Several birth injuries lead to life-long consequences, putting an additional financial and emotional burden on your family.
If you learn that your baby may have complications because of medical staff negligence, it’s time to lawyer up. Medical Malpractice Claims are complex and often fought aggressively by medical insurance companies.
At Welsh & Welsh, PC, LLO, we aim to ensure you are compensated so you don’t have to worry about medical bills or making ends meet while you care for your child.
We take each birth injury case seriously and dedicate our full resources to you. We fight aggressively until you get the compensation you deserve. Your compensation should factor in the financial burden and mental anguish you went through.
Contact our law offices today to schedule a free consultation.
