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Tulsa Birth Injury Lawyer
The birth of a child should be a joyous occasion. But when doctors, nurses, and healthcare providers make medical errors during prenatal care and delivery, the baby and/or mother can sustain birth injuries with serious complications. New parents find themselves facing concerns about their baby’s health and future. The cost of proper medical care can quickly cause financial hardships. Fortunately, Oklahoma law allows victims of medical negligence to take legal action for any harm suffered when a medical professional fails to provide quality care.
If you, your partner, or your child suffered an injury before, during, or after labor and delivery, you may be entitled to compensation. The Tulsa birth injury lawyers with Edwards & Patterson Law can help you pursue the money you need and deserve. Contact us today for a free consultation.
What is a Birth Injury?
Birth injuries occur during the childbirth process. They often result from complications during delivery. However, they can also stem from prenatal complications or issues arising immediately after birth. Birth injuries can affect an infant or a mother.
According to Stanford Medicine, several conditions can make childbirth more difficult and increase the risk of a birth injury, including:
- Premature birth
- Prolonged or difficult labor
- Cephalopelvic disproportion (pelvis not compatible with a vaginal birth)
- Abnormal birth presentation (e.g., breech or transverse)
- Maternal obesity
- Heavy birth weight (babies weighing over 8 pounds, 13 ounces)
What are Examples of Birth Injuries?
According to the National Institutes of Health (NIH), the rate of birth injury in the United States is around 25 to 31 injuries per 1,000 hospital births. While many of these injuries are minor, some are severe and life-altering.
Examples of birth injuries include:
- Brain injuries (e.g., swelling, intracranial hemorrhage, subdural hemorrhage, etc.)
- Spinal cord injuries
- Bone injuries and fractures
- Facial paralysis
- Bleeding
- Jaundice
- Perinatal asphyxia
- Erb’s palsy
- Brachial plexus injuries
- Cerebral palsy
Is a Birth Injury Considered Medical Malpractice?
Not all birth injuries are the result of medical malpractice. Medical malpractice occurs when medical professionals fail to do their jobs right. A birth injury may be malpractice if it resulted from an obstetric error or negligence on the part of a health care provider.
Examples of negligence can include:
- Medication mistakes
- Anesthesia errors
- Improper use of forceps or vacuums
- Failure to detect maternal or fetal distress
- Failure to recognize childbirth complications and administer proper medical care
- Failure to diagnose pre- or postnatal illnesses in the mother or fetus
- Delayed cesarean section
If your baby suffered an injury at birth, you may have grounds for a medical malpractice lawsuit. The Tulsa birth injury attorneys at Edwards & Patterson Law can review your case and determine whether you have a valid claim.
Who Can Be Held Responsible for Birth Injuries?
Any party whose medical negligence contributed to a birth injury may be at fault in a medical malpractice claim. Liable parties may include healthcare providers and medical facilities. Depending on your birth injury case, you may have a claim against a doctor, nurse, anesthesiologist, lab technician, pharmacist or pharmacy, midwife, doula, paid birthing coach, hospital, clinic, or birth center. In some instances, you may have birth injury claims against multiple parties.
How Do You Prove a Medical Professional Was Negligent?
Proving medical malpractice claims can be challenging. You must show that your child’s birth injury resulted from a provider’s mistake and was not merely an unavoidable negative medical outcome. To accomplish this, you must show that the medical provider breached their professional duty of care.
A breach of duty means that the physician did not act according to the accepted standards of the medical profession. In other words, they did not treat you in a manner most other medical experts in their position would have deemed reasonable.
To prove a birth injury claim, you will need substantial evidence, such as prenatal and postnatal medical records, witness statements, photos, videos, medical and scientific research, and expert testimony. A Tulsa birth injury attorney will gather the information needed to build your case so you can focus on your child and your family.
What Damages Could I Recover in a Birth Injury Case?
A birth injury claim allows for the recovery of compensation for losses suffered by an injured child and/or an injured mother. In general, you can seek compensation for:
- Current and future medical expenses, such as emergency treatment, medical procedures, doctor and hospital fees, prescription drugs, physical therapy, rehabilitation, mobility aids, medical devices, in-home health care, long-term nursing, and life care
- Lost income, including lost parental wages and loss of the child’s future earning capacity
- Education and services, including money for speech therapy, occupational therapy, tutors, aides, and special schooling needed to accommodate a disability
- Pain and suffering for chronic and disabling health conditions, scarring, disfigurement, emotional distress, mental anguish, loss of enjoyment, and reduced quality of life
If the birth injury was fatal, a surviving family member could file a wrongful death claim against the doctor or medical facility. In these cases, compensation includes money for medical bills, funeral and burial costs, loss of the deceased’s services, support and companionship, and loss of a parent-child relationship.
What is the Statute of Limitations for an Oklahoma Birth Injury Lawsuit?
According to Oklahoma Statutes § 76-18, you generally have two years to file a medical malpractice lawsuit. This deadline also applies to birth injury claims. If you do not pursue your case within this window, the court will likely dismiss your lawsuit, even if you have conclusive evidence of medical negligence.
Many birth injury cases begin with a medical malpractice claim against the provider’s insurance company. If you fail to reach a settlement agreement before the statute of limitation expires and fail to file a lawsuit by the deadline, you could forfeit your right to compensation. For this reason, it’s wise to consult an experienced birth injury attorney as soon as possible.
Contact a Tulsa Birth Injury Attorney
At Edwards & Patterson Law, we care about families. Our Tulsa birth injury lawyers have decades of legal experience we can leverage to demand the money you need to care for your child and your family — both now and in the future.
We fight for the best results in every case and will not hesitate to take your case to trial if that’s what it takes to get the justice and accountability you deserve. Contact us today for a free case review.
