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Missoula Birth Injury Lawyer

Missoula Birth Injury Lawyer

The journey of childbirth, while often filled with joy and anticipation, can sometimes take an unexpected turn. Unfortunately, negligence on the part of the medical staff during delivery can lead to tragic outcomes or inflict lifelong debilitating injuries on a newborn.

Birth injuries can have a life-changing impact on the child and their family. In many cases, these injuries can result in enduring mental and physical impairments, leading to hefty medical expenses and emotional stress for the entire family.

If your child has endured a birth injury in Missoula, reach out to a legal team with experience in handling these cases. At Western Justice Associates, PLLC, we understand the hurdles many families encounter with these injuries.

Our team is committed to equipping you with the knowledge to pursue justice and compensation from those accountable for these injuries. Discover how our Missoula birth injury lawyer can assist in your case.

Birth Injuries in Montana

Complications during the delivery process can lead to injuries in a newborn. Many of them occur as the baby makes their passage through the birth canal. These injuries can range from nerve damage to broken bones and, in severe cases, can even result in the unthinkable – the loss of life.

Tragically, some of these injuries are preventable and occur due to errors made by the medical team during labor.

Premature delivery, maternal health complications, and breech births are major contributors to these injuries. However, healthcare providers have a duty of care to protect the safety of both mother and child during the birthing process, including:

  • Properly monitoring the baby’s vital signs
  • Correctly using birth-assisting tools
  • Making timely decisions when complications arise, such as performing a cesarean section

When they fail to do this, it can result in a birth injury. Missoula families who have been affected by birth injuries have legal rights. If it was caused by medical negligence, families may be able to file a medical malpractice lawsuit to seek compensation for medical expenses, ongoing care costs, pain and suffering, and other damages.

Types of Birth Injuries

Birth injuries can be minor or severe, with some resolving quickly while others have lifelong impacts. Here are some common types of birth injuries:

  • Brachial Palsy occurs when the group of nerves that supply the arms and hands (brachial plexus) is damaged. Many times, the baby loses the ability to flex and rotate the arm.
  • Cerebral Palsy affects a baby’s ability to control their muscles. It can occur due to brain injuries during birth or a lack of oxygen.
  • Facial paralysis is often seen when the baby cries. There is no movement on the side of the face with the injury, and the eye cannot be closed.
  • Fractures of the clavicle or collarbone occur during difficult deliveries.
  • Caput succedaneum causes swelling of the soft tissues of the baby’s scalp. Some babies may have some bruising in the area.
  • Cephalohematoma develops as bleeding between the skull bone and its fibrous covering. It often appears several hours after birth as a raised lump on the baby’s head.

The signs of a birth injury may vary depending on the type and severity of the injury. Here are some physical and cognitive symptoms that could indicate a problem:

  • Weakness or soft cries after birth
  • Inability to move limbs on one side of the body
  • Difficulty breathing or irregular breathing patterns
  • Extremely pale skin
  • Abnormal reflexes or lack of reflexes
  • Poor muscle tone
  • Sensory processing issues
  • Difficulty in feeding or swallowing
  • Slow development in reaching milestones
  • Learning disabilities or delayed language acquisition
  • Poor coordination and balance
  • Inability to communicate or interact with others

Additionally, some newborns may have visible deformities, experience seizures, or have difficulty moving certain body parts. All these symptoms could be a sign of a birth injury.

Birth injuries can have a lasting impact on a child’s cognitive, emotional, and social development, and it can shape the course of their life.

When a medical professional’s negligent actions lead to these birth injuries. You have a right to seek compensation for your child’s suffering.

What To Do If You Think Your Child Has a Birth Injury?

If you suspect your child has a birth injury, you need to take immediate action when these steps:

  • Seek immediate medical attention: If your child shows signs of distress or unusual behavior, seek immediate medical attention. A qualified healthcare professional will be able to conduct an examination and tests to determine if a birth injury has occurred.
  • Document everything: You may want to start an injury journal. Make sure to include the dates of all medical visits, the outcomes of those visits, and your summary of what happened before, during, and after the injury. This documentation can prove invaluable if you decide to pursue legal action.
  • Gather records: Along with that, gather and retain your child’s medical records, including prenatal documents, birth records, and any subsequent medical reports. These records can help your legal team build a solid foundation for your claim.
  • Consult with a birth injury attorney: If you suspect medical negligence as the cause of your child’s birth injury, you may want to reach out to a Missoula birth injury lawyer. An experienced attorney will conduct a thorough evaluation of your case.
  • Stay aware of the statute of limitations. In the state of Montana, the statute of limitations for medical malpractice claims, including birth injuries, is two years from the date the injury occurred. However, there is a special rule for young victims: if the child was under four years old at the time of injury, the two-year statute of limitations begins to run on the child’s eighth birthday.

If you decide to pursue legal action, you can file a medical malpractice lawsuit against the healthcare providers responsible for your child’s care. Filing a lawsuit may be an option to seek compensation for damages, such as:

  • Medical expenses: These damages cover immediate care after the birth injury, along with ongoing costs such as physical, occupational, and speech therapy, surgeries, and any necessary medical equipment.
  • Future care costs: If the child requires long-term or lifelong care due to the injury, compensation for these future expenses may be pursued.
  • Pain and suffering: This refers to the physical pain and emotional distress experienced by the child due to the injury.
  • Loss of earning capacity: If the injury impacts the child’s future earning potential, compensation for this loss may be sought.
  • Family’s emotional distress: Birth injuries can also cause significant emotional distress for family members, and parents may be able to seek compensation for their emotional pain related to the child’s injury.

Get Help for Your Child’s Birth Injury Case

Many birth injuries are tragic accidents that should never have happened. Unfortunately, due to the negligence of trusted healthcare providers, they failed in their duties to you and your child. Working with a Missoula birth injury lawyer can help you seek justice and compensation in these cases.

At Western Justice Associates, PLLC, we have helped families recover damages from these heartbreaking incidents.

Schedule a consultation today if you are ready to hold the parties responsible for their actions.

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