Bozeman Birth Injury Lawyer

As an expectant parent, you hope that every part of the delivery process goes smoothly without any problems. Unfortunately, there are times when the unexpected can happen. And it can turn a happy, momentous event into a nightmare.

When a doctor, surgeon, nurse, or other healthcare provider makes a mistake, resulting in a birth injury, you can be devastated and want answers. These incidents can lead to life-long medical issues for your child.

What are your options?

If you believe the hospital or medical team provides you and your child with a substandard level of care, you could be entitled to compensation. When you contact a Bozeman birth injury lawyer, they can help you explore your legal options and hold those negligent parties responsible for their actions.

At Western Justice Associates, PLLC, we know that behind every case, there’s a child and a family who’s been through a traumatic experience. Let us help you navigate this challenging time and seek the justice and compensation you deserve.

What Are Birth Injuries?

During childbirth, infants can sustain devastating injuries. Sometimes, they can happen from prolonged labor, a breech presentation, or the infant being too large to pass through the birth canal easily.

Unfortunately, these birth injuries can also be the result of medical negligence. In these situations, a healthcare provider may fail to monitor the baby’s health, or they could fail to use appropriate measures when complications arise.

What Are the Common Types of Birth Injuries?

According to the Merck Manual of Diagnosis and Therapy, birth injuries can range in severity. Infants can experience everything from head trauma to spinal cord injuries. Often, they can develop into serious medical conditions, such as:

• Cerebral palsy is a condition that affects muscle coordination and body movement. An infant may experience brain damage before, during, or shortly after birth. Children with cerebral palsy may have motor skills, speech, and cognitive function issues.
• Brachial plexus injuries happen when the nerves in the baby’s upper arm are damaged. In most cases, it can lead to weakness, loss of feeling, or even paralysis in the arm or hand. The severity of the injury can vary, with some children recovering fully and others experiencing long-term effects.
• Hypoxic-ischemic encephalopathy (HIE) is caused by a lack of oxygen to the baby’s brain during birth. This condition can lead to developmental delays, epilepsy, cognitive issues, and motor skill development problems. Early diagnosis and treatment can help manage the symptoms and improve the child’s quality of life.
• Perinatal asphyxia is the result of when the child does not receive enough oxygen before, during, or just after birth. Sometimes, this can result in temporary or permanent damage to organs.
• Intracranial and subarachnoid hemorrhages can involve bleeding in and around the baby’s brain caused by a rupture in the blood vessels. These injuries can lead to long-term neurological and cognitive issues.

What Symptoms Should I Look For?

The symptoms of birth injuries can vary widely. The symptoms can vary depending on the type and severity of the injury.

Sometimes, they appear right after birth. However, some might only become apparent once the child fails to meet developmental milestones. Some of these signs of a birth injury may include:

• Physical symptoms, such as a limp arm, stiff neck, problems with swallowing, seizures, paralysis, or weakness on one side of the body.
• Developmental delays can involve delays in reaching milestones for sitting, crawling,
• walking, or talking.
• Cognitive issues show up as learning disabilities, difficulties with problem-solving, short attention span, or memory problems.
• Behavioral and emotional problems can develop into aggression or social withdrawal.
• Speech and language delays can manifest as a delayed onset of speech, difficulty forming words, or problems understanding language.

Some of these injuries are minor and can heal without additional treatment. However, a few birth injuries can cause physical disabilities in infants, requiring them to have lifelong medical care. As a result, an infant might suffer from developmental delay or experience cognitive impairments.

No matter the cause, these injuries can leave families with mounting medical expenses. If the injury was caused by medical negligence, you might be entitled to compensation for medical expenses, pain and suffering, and other damages.

What Are the Next Steps?

Medical malpractice happens when a healthcare provider fails to provide the standard of care that a reasonably competent healthcare provider would have provided under the same circumstances. Regarding birth injuries, this could mean a variety of issues, such as:

• Failure to monitor: If a healthcare provider fails to properly monitor the mother and baby’s vital signs during labor and delivery, they may miss signs of distress that could lead to a birth injury.
• Improper use of medical tools: Birth injuries can occur if forceps or vacuum extractors are misused.
• Failure to respond to complications: If complications occur during labor and delivery, healthcare providers must respond promptly and appropriately. When they fail to do so, it can lead to birth injuries.
• Failure to perform a C-section: In some cases, a cesarean section is necessary to prevent injuries to the infant. If a healthcare provider fails to respond promptly, it could result in a birth injury.

Why You Need an Attorney for a Birth Injury Case

When parents face the reality of having a child with a birth injury, it can be emotionally draining. Hiring a Bozeman birth injury attorney can alleviate some of those burdens.

To win a medical malpractice case, you must prove that the healthcare provider was negligent. An attorney can help assemble the necessary evidence and expert testimony to prove negligence.

In a birth injury case, damages may include medical expenses, future care costs, pain and suffering, and long-term care expenses. A qualified lawyer can help calculate these damages, helping to seek the full amount allowed under the law.

Most claims are handled out of the courtroom. However, insurance companies often try to minimize payouts. Your lawyer can negotiate on your behalf to seek a fair settlement. If your case goes to trial, you will require an attorney to represent you and advocate on your behalf.

When you have a child who has suffered a devastating birth injury, you will want to consult with a Bozeman birth injury lawyer to take the best course of action for your situation.

Remember that you must file within Montana’s statute of limitations. Like all state-wide medical malpractice cases, the time limit is 2 years from the time of the accident or two years from the date that the injury should have been reasonably discovered.

Contact a Bozeman Birth Injury Lawyer Today

If your child has been affected by a birth injury, you need a skilled and knowledgeable Bozeman birth injury lawyer to establish medical negligence for your case.

At Western Justice Associates, PLLC, we have successfully handled complex birth injury cases. When you work with us, you will have a tireless advocate on your side. We know that your main focus is on caring for your injured child. Allow us to take on your case and fight for your deserved compensation. We’re here to stand by your side every step of the way.

Reach out to us today to schedule a consultation.