Understanding Birth Injury Claims in Arizona

Parents look forward to the day they welcome a new baby. Unfortunately, errors during labor and delivery can have life-altering consequences for newborns and their families. If you are facing this terrible situation, you may have a birth injury claim in Arizona.

At Burg Simpson, we believe in helping clients understand their legal rights in the face of unexpected and traumatic situations. Our Phoenix birth injury lawyers can review your case for FREE, identify negligence on the part of medical professionals, and seek compensation for you and your family.

We serve clients throughout Arizona from our office in Phoenix. Call 602-777-7000 today to find out if you have a birth injury case and how our firm can help.

What Is a Birth Injury?

A birth injury is any kind of trauma suffered by babies before they are born, during labor, or shortly after birth. Examples of birth injuries include:

• Fetal oxygen deprivation
• Brachial plexus injuries; injury to the nerves in the neck, shoulder, or arm can lead to Erb’s Palsy
• Cerebral palsy, a group of neurological conditions affecting mobility and muscle tone
• Broken bones
• Facial nerve injuries
• Brain injuries

Often, parents do not know the full nature of their baby’s injury. At the time, all you might see in the delivery room are the doctors and staff rushing to address some problem. The doctor may somberly inform you later of what happened, but the long-term consequences may be unclear.

Ask questions about the birth injury and what to expect as your child develops. If the doctor is unclear or evasive, it may be in your best interest to speak to an attorney.

What Causes Birth Injuries?

Birth injuries have many potential causes. Some are the unavoidable result of genetic disorders or complications during sudden labor, while others may be due to preventable medical errors. Determining the cause is essential for understanding your legal options.

Examples of negligence that may give rise to birth injury claims in Arizona include:

• Failure to monitor fetal distress
• Negligent use of forceps and other equipment
• Improper maneuvers to relieve obstructed labor
• Delayed C-section
• Misuse of Pitocin to induce labor
• Failure to diagnose health conditions

These and other acts may violate the standard of care owed to your baby. An experienced birth injury lawyer can collect evidence and consult expert witnesses to establish whether the actions of a healthcare professional constitute medical malpractice.

Who Is Liable for Birth Injuries?

Liability for a preventable birth injury may rest with more than one party. This may include:

• OB-GYNs, emergency room doctors, anesthesiologists, and other physicians
• Delivery room nurses
• Midwives
• Hospitals and birth centers

Medical facilities may be held liable for the negligence of their employees (doctors, nurses, etc.) or for issues such as negligent hiring, inadequate supervision, and failure to implement protocols to keep mothers and babies safe. Prompt and thorough investigation is crucial to identify all of the parties responsible for a birth injury.

Defendants in these claims want to preserve their reputations. Insurers will try to pay as little as possible. The best way to protect your rights and hold the parties accountable is to seek legal representation from a qualified birth injury attorney in Phoenix, Arizona.

How Do I File a Birth Injury Claim in Arizona?

Because the victim is a minor when a birth injury occurs, parents usually take legal action on their child’s behalf. The first step is to seek legal representation. If you have never needed a lawyer, this can be intimidating. Fortunately, there are a number of questions you can ask a birth injury attorney to help you make the right choice.

Your attorney will review medical records and other documentation for evidence of negligence. Based on the evidence, they can draft a demand letter and submit it to the insurer(s). The demand letter describes the allegations and the damages you are seeking.

Parents may be entitled to substantial compensation in a birth injury claim. Insurance companies may be open to negotiations, or they may deny the claim altogether. At this point, you and your lawyer can discuss whether to file a lawsuit.

Lawsuits need to be filed with the proper Arizona court. Medical malpractice suits must include a statement informing the court that expert opinion testimony is required. If expert testimony is required, you will need to provide a preliminary expert opinion affidavit early in the case. This affidavit must state the expert’s qualifications, as well as the standard of care, the errors committed by the medical professional(s), and a description of causation (see Arizona Revised Statutes § 12-2603).

What Do I Need to Prove?

Broadly speaking, there are four elements you need to satisfy in a birth injury claim in Arizona:

1. One or more medical professionals owed your child a duty of care.
2. They breached this duty through negligence.
3. Negligence was the cause of your baby’s birth injury.
4. You, your child, and your family suffered damages as a result of the birth injury.

The evidence in a birth injury case can be complex. Knowledgeable attorneys can prepare a successful claim on your behalf and enlist expert witnesses to help prove causation, damages, and more.

What Damages Can You Get for a Birth Injury in Arizona?

Children with birth injuries may face developmental delays and lifelong disability. Most birth injury claims center on cases of severe or permanent harm. It is important to include all of the damages associated with the injury in your claim. These may include:

• The cost of your child’s medical care to date
• Future medical expenses
• Ongoing therapy and rehabilitation
• Assistive devices
• Home and vehicle modifications
• The cost of special education
• Expenses for in-home care and domestic assistance
• Pain and suffering
• Loss of enjoyment of life
• Parents’ loss of income and earning capacity
• The child’s loss of earning capacity

Birth injuries vary in their seriousness, as well as the impact on families. Do not feel overwhelmed if your child suffered a birth injury and you are unsure how much compensation you deserve. Skilled birth injury claim lawyers can account for the damages and pursue a favorable result on your behalf.

How Long Do I Have to Make a Birth Injury Claim?

In Arizona, you generally have 2 years from the date of the injury to make a medical malpractice claim. This time limit is extended if the victim is under the age of 18.

Arizona Revised Statutes § 12-502 says that the statute of limitations does not begin until the child’s 18th birthday. In theory, that means that a child who is injured at birth could have until age 20 to file a lawsuit.

In practice, however, it is typically beneficial for you to bring a claim on your child’s behalf. An attorney can discuss the time limit for birth injury cases and when it is best to take action.

What to Do If You Think Your Child Has a Birth Injury

The time after a baby is born can be hectic, even when a child is healthy. Parents are often left reeling by the news that their newborn was harmed and may face a lifetime of hardship. In this situation, it is important to know that legal remedies may be available.

Steps you can take if your child has been diagnosed with a birth injury, or if you suspect something went wrong during labor or delivery, include:

1. Collect all medical records for the pregnancy, birth, and subsequent medical treatments.
2. Keep a detailed log of any symptoms or difficulties your child experiences.
3. Attend all medical appointments and well-baby checkups.
4. Get a second opinion for serious conditions.
5. Consult a birth injury lawyer in Arizona.

New parents quickly learn to trust their intuition. If your child is not meeting developmental milestones or seems to be struggling, trust your instincts. Seeking medical attention should be the first step, followed by finding an attorney who can help you hold the doctors, nurses, and other providers involved in the birth accountable.

Get Help with a Birth Injury Claim in Arizona

Do not face the aftermath of a birth injury by yourself. These conditions can be devastating for babies and emotionally draining for their loved ones. If the injury was preventable, you and your family may be entitled to compensation.

For a FREE and confidential case evaluation, call Burg Simpson at 602-777-7000 today. Our birth injury lawyers in Phoenix handle claims for families throughout Arizona.