Scottsdale Birth Injury Lawyer

Birth Injury Lawyer Scottsdale, AZ

New parents are supposed to be enjoying the moments after their baby is born, but as a birth injury lawyer Scottsdale, AZ families trust from SL Chapman Trial Lawyers has seen, they may not be given this opportunity if a birth injury were to happen. Sometimes nurses, doctors, or other staff contributed to a birth injury, leaving parents in a state of devastation and dismay when they should be feeling joy and happiness. 

There are many signs of birth injury that parents should watch out for, some which may be immediately apparent, and others that may take a little bit longer to appear. Birth injuries may have been the result of medical negligence or malpractice. So if your newborn baby or growing young child is showing signs of a birth injury, we suggest contacting our law firm right now for support. 

Table of Contents:

• Signs Of A Birth Injury
• Scottsdale Birth Injury Law Infographic
• Steps to Take Following a Birth Injury
• Scottsdale Birth Injury Law Statistics
• Scottsdale Birth Injury Law FAQs
• Contact SL Chapman for Legal Assistance

Signs Of A Birth Injury

As stated above, there are some signs of a birth injury that may show itself right away, and these tend to include:

• Bruises, abrasions, or swelling of the face, shoulder, or head
• Seizures that occur within 48 hours post delivery
• A physical appearance that lacks muscle strength 
• Excessive drooling
• Difficulty swallowing or eating
• Seeming to favor one side of the body and not the other
• A limited range of motion
• An arm or side that appears limp
• The newborn needing a breathing tube or CPR after delivery

There are also signs of a birth injury that may start to be noticeable months or years later. If you have observed any of these symptoms in your baby, we suggest reaching out to a Scottsdale birth injury lawyer now for some legal insight:

• Not meeting growth milestones as normal for infants
• Inability to crawl, sit up, or walk when they have reached the age to do so
• Inability to completely control their leg or arm movements
• Learning challenges or speech difficulties

If your newborn or infant is showing signs that they may have sustained a birth injury, it is strongly advised that you have them seen by a different doctor than the one that had assisted with the birth, and then reach out to our law firm for a case evaluation. Parents may be entitled to receive restitution for any negligence, mistakes, or oversights that the hospital or its staff may have committed. 

Parents should not hesitate and get legal advice because the longer they wait, the more difficult it can be to build a case for birth injury malpractice. Keep in mind that if you file a complaint with the hospital before getting legal help, the hospital or its staff may purposefully alter or destroy paperwork as a way to avoid liability. A Scottsdale birth injury lawyer from the team at SL Chapman Trial Lawyers is ready and available to provide empathetic and strategic support to parents who are going through an anguishing time.

Scottsdale Birth Injury Law Infographic

Steps to Take Following a Birth Injury

As a Scottsdale, AZ birth injury lawyer will share, birth injuries are among the most common types of medical malpractice cases. Medical malpractice can be devastating for anyone who falls victim. Still, when injuries or death occur, and the victim is a newborn, parents will be left grieving as they face unexpected challenges after the birth of their baby. When injuries occur to a newborn resulting from a medical provider’s negligence, it will be essential to consider whether legal action is the appropriate step forward. These cases are notoriously complicated to pursue, which is why seeking help from our team at SL Chapman Trial Lawyers is imperative. The following are key steps that should be taken if you suspect a birth injury has taken place: 

Step #1: Seek a Medical Evaluation

Sometimes, a newborn may experience injuries from the birth process. There are several reasons for birth injuries, but victims and their families may take legal action when medical negligence is present. A birth injury may be evident immediately after or in the days following, but in some cases, these injuries can take years to develop. Because of this, it’s essential for parents to closely monitor their child’s development for any signs that something may be amiss. Should an injury be apparent, parents need to seek an evaluation from an experienced medical provider. As our Scottsdale birth injury lawyer will share that seeking a second opinion is crucial as it can ensure that your child receives much-needed treatment and help prove that negligence may have been a factor, thus serving as critical evidence for seeking reparations. 

Step #2: Begin Gathering Evidence

In medical malpractice cases, the plaintiff is responsible for proving that the party responsible was negligent based on the preponderance of the evidence. Essentially, the plaintiff must prove the following:

• Presence of Doctor-Patient Relationship
• Breach of Duty of Care
• Injuries
• Damages

When victims meet with a lawyer, they will review the case and begin gathering evidence. However, it’s helpful to initiate the process of gathering documentation soon after the accident. Valuable evidence to collect may include:

• Medical Records
• Information on Follow Up Treatments
• Personal Accounts
• Eyewitness Information
• Testimony from an Expert Witness

Step #3: Contact a Lawyer

Pursuing the legal process is nearly impossible without assistance from an experienced lawyer. Not only will a lawyer be able to offer critical insight into the case’s potential value, but they will also be able to assist with gathering evidence and strategizing steps for moving forward. Time is critical when taking action because the statute of limitations will eventually expire. In addition, the sooner families seek legal help; the fresher evidence will be. The road ahead can be full of unknowns, and because of this, it will be helpful to have a lawyer who can provide clear direction and support for the legal process. 

Parents with newborns who have suffered injuries or worse will be left grief-stricken. In some cases, newborns will experience challenges due to the injuries they have experienced, which, among other damages, can result in financial hardship for families. When victims and their families take legal action, it may be possible to receive compensation for losses. While nothing can change the events that transpired, legal action can hold the responsible parties accountable with help from our Scottsdale birth injury lawyer from SL Chapman Trial Lawyers. 

Scottsdale Birth Injury Law Statistics

According to data from the National Healthcare Quality Report, in 2020, the rate of birth trauma or injury in Arizona was approximately 5.5 per 1,000 live births. This figure is slightly lower than the national average of 6.5 per 1,000 live births. Birth injury claims in Arizona may arise from a variety of causes, including medical negligence, errors during labor or delivery, and failure to diagnose or treat medical conditions during pregnancy.

If you are considering filing a birth injury claim in Arizona, it may be helpful to consult with a local attorney who specializes in this area of law. An experienced attorney can provide guidance on the legal process, assess the strength of your case, and help you seek the compensation you deserve for any injuries or damages incurred during childbirth.

Scottsdale Birth Injury Law FAQs

What Is Pitocin?

Pitocin is the synthetic version of the hormone oxytocin. Oxytocin is naturally produced by the body in order to induce contractions. Pitocin is administered via an IV, with the dose gradually increased until the mother is experiencing contractions every two to three minutes. At this point, the doctor will either stop administering it, lower the dosage, or continue administering the current dosage through delivery.

There are situations where administering Pitocin is medically necessary. For example, if the labor has been prolonged and the mother is becoming exhausted and weak, Pitocin can help increase the rate of contractions and help move the childbirth process quicker.  This can help reduce the need of performing a Cesarean section delivery, which itself can have its own dangerous complications.

Pitocin can also be used to induce labor when there are dangerous medical conditions that have developed, such as preeclampsia (when the mother develops extremely high blood pressure), polyhydramnios (excessive amniotic fluid), or when the baby is unable to develop properly in the womb.

What are the risks of Pitocin?

While the drug does have its benefits, a Scottsdale birth injury lawyer knows that the drug can also have dangerous side effects. The risks of inducing labor using Pitocin include:

• Drop in fetal heart rate
• Fetal death
• Fetal distress
• Fetus overstimulation from being unable to rest between contractions
• Postpartum hemorrhage of the mother
• Rupturing of the uterus

Pitocin should only be used when medically necessary given the serious and dangerous risks the medication poses. Yet statistics show that approximately half of all women in this country have their labor induced, usually with Pitocin. Studies show that only 30 percent of these women had medical issues that called for Pitocin inducement.

What are common birth injuries? 

A Scottsdale, AZ birth injury lawyer knows that birth injuries are terrible conditions that occur because of negligence committed by doctors, nurses or other medical professionals. A birth injury can result in serious consequences, and it can limit the cognitive or physical development of a child in significant ways. Sometimes the effects are even permanent. Some common birth injuries include bruises, forceps marks, fractures, and facial paralysis. Others include hemorrhaging, bleeding and brachial palsy. Even if your child’s injury was minor, it can still affect their health later on, so you are encouraged to speak to a lawyer about your case.

Can a birth injury occur later in life? 

Though it is common for birth injuries to result in symptoms that appear shortly after the birth of a child, other symptoms may appear months later or even longer. Do not assume that symptoms of a birth injury may only appear right after birth. Signs of developmental delays can appear even years later. It is recommended that you watch for symptoms as your child gets older, as the symptoms can be subtle and hard to recognize. If you are not sure if your child is showing symptoms of a birth injury, see a doctor and have them evaluate them for any symptoms. 

Who can I sue for a birth injury? 

It is not just the doctor that you can sue for a birth injury. If you have a valid birth injury case, you may be able to sue any hospital staff or other medical personnel whose care you were under as well. Finding out who exactly is at fault in a birth injury case can be hard because there are so many medical staff who could be liable. Having a lawyer at your side is valuable because they can do the work to review liability laws and see who you can take legal action against. An experienced Scottsdale birth injury lawyer will determine which parties can be held liable if you believe that your child suffered a birth injury. 

What kind of damages can I recover?

The value of a birth injury case is often hundreds of thousands of dollars, or even much more. You may be able to obtain a number of economic and non-economic damages if you are successful in winning a birth injury case. Medical expenses, treatment costs, lost earnings, and pain and suffering are just a few of the damages that you can claim. With any kind of malpractice case, especially a birth injury, you will greatly benefit from meeting with a lawyer so that they can compute your damages and fight for you so that you can recover an accurate compensation amount that you are entitled to get. 

What can a birth injury lawyer do for me? 

A birth injury lawyer can provide you with several different services, such as a case evaluation, explanation of your legal rights, and trial representation if necessary. They can not just provide you with legal counsel, but emotional support as well, since birth injury cases can be quite emotional and stressful. Malpractice cases are challenging to win and it demands a legal professional who has years of successful litigation experience. Preserve all of your medical records so that you can give them to a lawyer as evidence. For more information about legal services that a Scottsdale birth injury lawyer like one from SL Chapman Trial Lawyers can provide you, set up a consultation right away. 

Contact SL Chapman for Legal Assistance

Every woman should be fully informed of all the dangers associated with any potential treatment their obstetrician is recommending. If your baby suffered a birth injury or you suffered a labor/delivery injury that you believe was the result of medical negligence, you should speak to a skilled Scottsdale birth injury lawyer.