Birth Injury Attorneys Serving Phoenix & All of Arizona
When you need a Phoenix birth injury lawyer, Burg Simpson is here to fight for your family. The birth of a child is supposed to be a time of hope and joy. When complications arise due to medical negligence, it becomes a life-altering event for the entire family.
In the aftermath of these terrible, often preventable, errors, you need an experienced Phoenix birth injury attorney on your side. At Burg Simpson, we have spent more than 45 years helping victims seek justice and secured over $2 billion in verdicts and settlements. We understand how devastating this is—which is why we are so committed to holding negligent medical professionals accountable.
Whether your child has suffered cerebral palsy, Erb’s palsy, brain damage, or another preventable birth injury, we will work tirelessly to pursue the compensation you need. The attorneys at Burg Simpson combine compassionate care with unmatched resources and legal knowledge to provide you with support and guidance.
You do not have to face this alone. Call 602-777-7000 today for a FREE and confidential case evaluation. Let us help you seek the justice your family deserves and take the first step toward a brighter future.
What Is Considered a Birth Injury?
A birth injury refers to any harm or trauma suffered by a baby during labor or delivery. Tragically, these injuries are more common than many realize. Tens of thousands of families each year are left reeling when what should have been a joyous occasion turns into uncertainty.
While some birth injuries are mild and temporary, many are considered moderate to severe, often leading to lifelong challenges. In many cases, these injuries result from errors in judgment or improper care by medical providers.
The devastation caused by a birth injury ripples through the family and turns their lives upside down. If that loss is due to the negligence of another, justice must be sought—thoroughly and swiftly—and a Phoenix birth injury attorney at Burg Simpson can help.
What to Do If You Believe Your Child Has Suffered a Birth Injury
The chaos of the delivery room can be overwhelming and confusing. However, if you suspect your baby may have suffered a birth injury, there are steps you need to take to prioritize their well-being and protect their future and your legal rights:
1. Seek a Diagnosis from a Trusted Doctor
Your child’s health is of the utmost importance. If you believe they have suffered a birth injury, consult a qualified pediatrician or specialist for an accurate diagnosis. When you have suspicions of medical malpractice, it may be best to switch to a new doctor for unbiased care and a fresh perspective.
2. Follow All Medical Recommendations
Once your child has a diagnosis, follow the prescribed treatment plan carefully. Attend follow-up appointments, administer medications, and seek additional care if necessary. We know you would do anything to aid in your child’s recovery and quality of life. Following the treatment plan shows this commitment and establishes the medical needs your child now has.
3. Collect Medical Records
You will need to collect and save all medical records from pregnancy, labor, and delivery, as well as any records of your child’s treatment after that. This could include test results, hospital bills, prescriptions, and any communication with the hospital, insurance companies, or healthcare providers. These documents could be integral to establishing a case for medical negligence.
4. Document Everything
Write down everything you remember about the pregnancy, labor, and delivery, especially anything that struck you as unusual. Additionally, keep a journal of your child’s life now. Track their symptoms, medical visits, and the impact on your family as a whole. These notes and details will bolster your legal claim.
5. Contact a Phoenix Birth Injury Attorney
If you think medical negligence was the cause of your precious child’s birth injury, you are going to need help to get just compensation. This will be a fight, and you are needed at home. An experienced Phoenix birth injury lawyer knows how to navigate the legal process, gather evidence, consult experts, negotiate with insurance companies, and so much more.
You need compensation for medical expenses, future care needs, and the emotional toll this has taken on your entire family. The attorneys at Burg Simpson can help you pursue justice and accountability for your child.
What Are the Most Common Types of Birth Injury?
Birth injuries affect far too many families across the U.S. each year. Though some may be minor and resolve on their own, others will be permanently life-changing. Some of the most common birth injuries include:
- Brachial Plexus Injuries: The most common type of birth injury, brachial plexus injuries occur when the network of nerves around the shoulder is stretched or torn during delivery. This can lead to weakness, loss of function, or even paralysis in the affected arm. Conditions like Erb’s palsy can stem from brachial plexus injuries.
- Fractures: Fractures, especially of the collarbone, can occur during a difficult birth. While many heal with proper care, they can cause significant discomfort for the baby.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE occurs when the baby’s brain is deprived of oxygen and blood flow during the delivery. This can often lead to permanent brain damage, developmental delays, cerebral palsy, or sometimes death.
- Facial Paralysis: Excessive pressure on the baby’s face during delivery can cause nerve damage. As a result, there may be temporary or permanent paralysis in parts of the face.
- Cephalohematoma: Cephalohematoma involves bleeding between the baby’s skull and its outer membrane (periosteum), causing a visible red lump on the head. While this often resolves on its own, it may require surgery in severe cases.
- Caput Succedaneum: Caput succedaneum is a significant swelling of the soft tissues on the baby’s scalp caused by pressure during delivery. It is usually harmless and will resolve within a few days. This is more prevalent in babies delivered using vacuum extraction.
- Intracranial Hemorrhage (ICH): ICH is bleeding within the skull that can lead to serious complications. Severe cases of ICH can result in devastating neurodevelopmental outcomes, including cerebral palsy, as the neonatal period is a vital time for brain development. ICH in full-term babies often results from mechanical injuries.
- Kernicterus: Kernicterus is a form of brain damage caused by severe jaundice. Early detection and treatment of high bilirubin levels can prevent this. If not treated early, it could result in cerebral palsy, hearing loss, vision problems, and other lifelong complications.
- Meconium Aspiration Syndrome (MAS): MAS occurs when babies inhale a mixture of meconium (their first stool) and amniotic fluid into their lungs during delivery. Generally, babies recover within days with treatment, though severe cases can sometimes lead to death.
Birth injuries can range from minor, with no long-term effects, to catastrophic, affecting the baby and their family for a lifetime. If you believe your child has suffered an injury due to medical negligence, a Phoenix birth injury attorney can help you pursue the justice and compensation your family needs.
Common Causes of Birth Injury
Birth injuries can be caused by a number of different factors, including:
- Improper use of medical tools (forceps, vacuum extractors, etc.)
- Failure to monitor fetal distress
- Delayed C-section
- Medication errors
- Prolonged labor
Healthcare providers are expected to provide a standard of care. When they fail to do so, and the victim is an innocent baby, the consequences can be earth-shattering.
Cerebral Palsy as a Result of Brain Injury
Cerebral palsy (CP) is one of the most severe and life-altering conditions that can result from a birth injury. It is a neurological disorder that affects movement, muscle tone, and posture, creating challenges for a child that will last a lifetime.
CP is frequently linked to the following birth-related complications:
- Oxygen deprivation: HIE is one of the leading causes of CP. When a baby’s brain is deprived of oxygen—even for a short period—during labor and delivery, it can result in significant brain damage.
- Mechanical trauma: Misuse of medical tools (e.g., forceps, vacuum extractors) during delivery can cause head injuries that lead to CP.
- Kernicterus: When jaundice is left untreated and bilirubin levels in a baby’s blood skyrocket, brain damage can occur. This can lead to kernicterus and, in many cases, CP.
The symptoms and severity of cerebral palsy will vary from case to case, but often they will include:
- Difficulty with motor skills
- Muscle stiffness or floppiness
- Speech & cognitive delays
- Seizures & other neurological issues
Cerebral palsy is not just a medical diagnosis—it is a serious condition that impacts the entire family. If your child’s CP was caused by medical negligence, Burg Simpson can help you hold those responsible accountable and pursue the compensation you will need for your little one’s ongoing needs.
Compensation in Birth Injury Lawsuits
We cannot elaborate enough on the enormous effect a birth injury can have on all aspects of your family’s life. Your child’s future may suddenly feel uncertain, and while the emotional toll weighs on you, the financial strain only adds to the overwhelming worry.
At Burg Simpson, we strive to secure the maximum compensation for families stricken with this devastation. Our Phoenix birth injury lawyers evaluate the full extent of your damages—both present and future. While each case is different, compensation may include:
- Current & ongoing medical expenses
- Therapy, rehabilitation, & specialized care
- Medications
- Adaptive equipment (wheelchairs, braces, etc.)
- Home or vehicle modifications
- Lost income due to caregiving responsibilities
- Pain & suffering
- Emotional distress
- Loss of quality of life
Arizona law prohibits caps on any damages from medical malpractice or wrongful death cases. This allows the determined attorneys at Burg Simpson to seek appropriate and just compensation for your terrible losses.
Money cannot make up for the pain and challenges you and your child have faced. However, it can offer financial stability while you adjust, provide resources for a brighter future, and help bring a sense of justice for the harm caused.
Who Is Liable for Birth Injuries?
Who can be held liable for the tragic injuries your child has suffered depends on the circumstances of your case. Possible liable parties could include:
- Doctors, nurses, or midwives who failed to provide proper care during pregnancy, labor, or delivery
- Hospitals or healthcare facilities if inadequate staffing, poor training, or ill-maintained equipment were to blame
- Medical device manufacturers when defective equipment used during delivery was the cause of harm
A skilled Phoenix birth injury lawyer will be invaluable in determining who is liable and holding them accountable. Each of these parties will be backed by powerful insurance companies that will aggressively defend them, trying to minimize or deny your claim without concern for you or your family.
Burg Simpson has the reputation and resolve to take on these companies and fight for the compensation you need and deserve. Insurance providers know our track record of success. That familiarity can work in our favor and compel them to negotiate fairly and offer more substantial settlements.
How Long Do You Have to File a Birth Injury Claim?
In Arizona, the statute of limitations on a birth injury claim is generally 2 years from the date the injury was discovered or reasonably should have been discovered. However, since the victims in these tragic cases are minors, the statute may be extended until their 18th birthday, depending on the circumstances.
Though your heart is breaking and overwhelmed, it is important to act quickly. Evidence disappears, memories fade, and bills will continue to pile up. Before you know it, years will have passed. You cannot afford to lose the opportunity to seek justice for your baby.
Consult a Phoenix birth injury lawyer as soon as you can. They can take over the legal aspects and work to build a case while you focus on the well-being of your child and family.
Contact a Phoenix Birth Injury Lawyer Today
The immense trauma of a birth injury can leave families feeling overwhelmed and uncertain about the future. When the heartache is compounded by the possibility that medical negligence caused your precious child’s injuries, you need help pursuing the justice you and your baby deserve.
At Burg Simpson, we understand the profound influence this experience can have on the rest of your life. Our dedicated team of Good Lawyers. Changing Lives.® is ready to jump in and use our extensive resources and knowledge for a noble cause.
For a FREE and confidential case evaluation, please call 602-777-7000 today. You need a Phoenix birth injury attorney in your corner, and we will give our all to secure maximum compensation for your family.
