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Pursuing Justice for Birth Injury Victims
Sadly, 6 out of every 1,000 infants born in the US suffer from significant birth injuries like developmental disorders, broken bones, and neurological disorders, based on CDC statistics. The skilled birth injury attorneys at The Alvarez Law Firm in Oregon have a proven track record of winning large complex cases throughout the country including birth complication and injury lawsuits. Our experienced birth injury lawyers have the necessary skills, knowledge, and resources to resolve your case favorably.
Call us if you have suffered from any of the following:
- Cerebral Palsy
- Erb's Palsy
- Brachial Plexus Injuries
- Hypoxic-Ischemic Encephalopathy (HIE)
- Facial Nerve Injuries
- Fractures and Bone Injuries
- Birth Asphyxia
- Meconium Aspiration Syndrome (MAS)
- Cephalohematoma
- Perinatal Infections
The Alvarez Law Firm proudly serving families with Cerebral Palsy & other serious birth injuries in Oregon.
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Examples of Serious Birth Injuries
Cerebral Palsy
A neurological disorder affecting movement and muscle coordination, often caused by oxygen deprivation during birth or trauma during delivery.
Brachial Plexus Injuries
Damage to the nerves in the baby's neck and shoulder region, leading to weakness or paralysis of the arm, commonly associated with difficult deliveries.
Erb's Palsy
Nerve damage in the baby's shoulder or upper arm, typically resulting from excessive force during delivery or shoulder dystocia.
Hypoxic-Ischemic Encephalopathy
(HIE)
Damage to the nerves in the baby's neck and shoulder region, leading to weakness or paralysis of the arm, commonly associated with difficult deliveries.
Facial Nerve Injuries
Damage to the facial nerves during delivery can result in facial paralysis or weakness, often caused by pressure from forceps or other delivery instruments.
Additional Serious Birth Injuries
Fractures and Bone Injuries
Fractures or broken bones, such as clavicle fractures, skull fractures, or long bone fractures, may occur due to excessive force during delivery or improper handling of the baby.
Meconium Aspiration Syndrome
(MAS)
Inhalation of meconium (baby's first stool) into the lungs during or shortly after birth, causing respiratory distress and potential complications.
Birth Asphyxia
Oxygen deprivation during birth, leading to potential brain damage, cognitive impairments, and long-term developmental challenges.
Cephalohematoma
Collection of blood between the skull and the periosteum (outer covering of the bone) of the baby's head, often resulting from trauma during delivery, such as the use of forceps or vacuum extractors.
Perinatal Infections
Infections contracted by the baby during pregnancy, labor, or delivery can lead to serious health complications if not diagnosed and treated promptly.
What Are Some Common Causes of Oregon Birth Injuries that Count as Medical Malpractice?
Medical negligence, or malpractice, occurs when a healthcare provider, whether a doctor, professional, hospital, or facility, does not offer care that aligns with accepted medical standards, leading to a patient’s injury, illness, or deterioration.
Birth injuries might constitute medical malpractice, depending on the cause. Here are some examples of injuries that are more likely to qualify for a successful lawsuit against negligent medical providers in Oregon:
Delayed or improper response to fetal distress during labor and delivery
Mismanagement of shoulder dystocia or other birthing complications. Failure to monitor or address signs of maternal infection during pregnancy
Misuse of forceps, vacuum extractors, or other delivery instruments
Prescription of medications harmful to the fetus or mother during pregnancy
Failure to perform a timely cesarean section (C-section) when medically necessary
Inadequate prenatal care leading to undiagnosed or untreated conditions
Errors in administering anesthesia during labor and delivery
Lack of communication or coordination among healthcare providers during childbirth
Negligence in handling high-risk pregnancies or multiple births
How Do I File a Birth Injury Claim in Oregon?
Filing a birth injury claim in Oregon involves specific steps to ensure that you protect your rights and seek compensation for your child's injuries:
Seek Medical Attention: Ensure your child receives immediate and appropriate medical care for their injuries. Medical documentation is crucial for your claim.
Consult with a Birth Injury Attorney: Contact an experienced birth injury attorney in Oregon, such as the compassionate team at the Alvarez Law Firm, who can evaluate your case, explain your legal options, and guide you through the claims process.
Gather Evidence: Collect all relevant medical records, including prenatal care, labor, delivery, and postnatal treatment details. Documentation of the injury, diagnoses, treatments, and prognosis is essential.
Review Statute of Limitations: Be aware of Oregon's statute of limitations for birth injury claims, which typically allows two years from the date of the injury to file a lawsuit. Consulting with an attorney promptly is crucial to ensure all deadlines are met.
Determine Liability: Identify the healthcare providers, medical facilities, or other parties potentially responsible for the birth injury. This may include obstetricians, nurses, hospitals, and medical staff.
File a Claim or Lawsuit: Your attorney will help you file a claim with the healthcare provider's malpractice insurance or initiate a lawsuit in civil court if a settlement cannot be reached through negotiations.
Investigate and Negotiate: Your attorney will conduct a thorough investigation, gather expert opinions, and negotiate with the insurance company or defendants on your behalf to seek a fair settlement.
Prepare for Litigation: If negotiations fail to result in a satisfactory settlement, your attorney will prepare your case for litigation, including filing legal documents, discovery, depositions, and trial preparation.
Attend Mediation or Trial: Depending on the progress of negotiations, your case may proceed to mediation for a settlement conference or trial in civil court if a resolution cannot be reached.
Receive Compensation: If successful, you may receive compensation for medical expenses, ongoing care costs, pain and suffering, lost earnings, and other damages related to the birth injury.
What Compensation Can I Get for a Birth Injury Lawsuit in Oregon?
Medical Expenses: Compensation may cover past, current, and future medical expenses related to the birth injury. This includes hospital bills, surgeries, medications, therapy, rehabilitation, assistive devices, and ongoing medical care needs.
Pain and Suffering: Damages for pain and suffering seek to compensate the child for physical pain, emotional distress, trauma, and loss of enjoyment of life resulting from the birth injury.
Lost Wages: If parents had to take time off work to care for the injured child or incurred lost income due to the birth injury, they may be compensated for these financial losses.
Future Earning Capacity: If the birth injury impacts the child's ability to work and earn income in the future, compensation may be awarded for lost earning capacity.
Disability and Impairment: Damages may be provided for permanent disabilities, impairments, or limitations caused by the birth injury, including cognitive disabilities, physical disabilities, developmental delays, and mental health conditions.
Rehabilitation and Therapy Costs: Compensation can cover the costs of rehabilitation programs, therapies (such as physical therapy, occupational therapy, and speech therapy), and specialized treatments needed for the child's recovery and development.
Special Education Needs: If the birth injury results in educational challenges or the need for special education services, compensation may be awarded for these additional expenses.
Home Care and Assistance: Damages may include compensation for home health care services, nursing care, personal assistance, and other caregiving needs for the child's daily activities and well-being.
Punitive Damages: In rare cases involving extreme negligence, intentional misconduct, or egregious behavior, punitive damages may be awarded as punishment and deterrence against future misconduct.
Legal Fees and Costs: In successful birth injury lawsuits, the prevailing party may be entitled to reimbursement for attorney fees, court costs, and other legal expenses incurred during the litigation process.
Select a Dedicated Oregon Birth Injury Lawyer to Protect Your Legal Interests
Errors during pregnancy or childbirth can turn a joyous occasion into a devastating tragedy. The esteemed birth injury attorneys at The Alvarez Law Firm in Oregon have aided numerous families in obtaining rightful compensation from negligent healthcare providers. 'Integrity for justice' is not just a slogan; it's our guiding principle in everything we do. Our firm provides strategic and compassionate legal advocacy to help you hold the healthcare provider responsible for your child's injuries accountable. Contact us now to schedule a complimentary, confidential consultation with one of our seasoned Oregon medical malpractice lawyers.
