Childbirth is supposed to be a time of excitement and new beginnings. Unfortunately, a single medical mistake can turn this happy day into a lifetime of health complications. If you are living with the consequences of a birth injury, our dedicated medical malpractice attorneys are here to help.
Both mother and child alike have rights after suffering from a medical mistake. A Houma birth injury lawyer could review your medical records and help you understand your legal options moving forward.
Birth injuries can range from mild to severe, depending on the circumstances. Understanding the most common types of diagnoses can help families recognize potential issues and seek justice when negligence is involved. Our Houma birth injury attorneys could help you pursue justice for the following situations.
Damage to the network of nerves that control the arm and shoulder can occur if the baby’s shoulder becomes stuck during delivery. Known as brachial plexus injuries, they can result in weakness, loss of motion, or even permanent paralysis in the affected arm.
Often caused by a lack of oxygen to the baby’s brain during labor or delivery, cerebral palsy can affect movement, coordination, and cognitive development. It may be linked to delayed C-sections or failure to detect fetal distress.
Improper use of delivery tools like forceps or vacuum extractors can cause skull fractures or intracranial hemorrhages. These injuries may require emergency intervention and can lead to long-term developmental issues.
Pressure on the baby’s face during delivery, especially with assisted tools, can lead to facial paralysis. This condition might resolve itself in some cases, but it may also result in permanent disfigurement or loss of function in others.
Fractures, particularly to the clavicle or collarbone, may occur during difficult or breech deliveries. While these often heal, they can be a sign of excessive force or poor delivery technique.
Most states have a legal deadline known as the statute of limitations that applies to birth injury cases. In Louisiana, this deadline is known as the prescriptive period. When a person is injured due to an act of medical negligence, they typically have one year from the date of the negligent act to file an action. However, this can be complicated in cases when the consequences of the negligence are not immediately obvious.
To counteract this issue, the state has also adopted something known as the Discovery Rule. Under this legal standard, you may have additional time to file suit if you are not immediately aware of the birth injury impacting you or your child. That said, there are still time limits to be aware of.
Under the Discovery Rule, the one year time limit does not begin to expire until you discover the medical condition. However, there is still a firm three-year time limit from the date of the negligent act that bars a malpractice claim no matter when the condition was identified.
Navigating these time limits can be challenging, especially without the support of strong legal counsel. Let our Houma birth injury attorneys ensure you file your claim on time.
If you or your child is living with the consequences of a birth injury, now is the right time to explore your options. Our personal injury law firm will work tirelessly to investigate your case and help you seek the damages you deserve. Before you accept a settlement offer or represent yourself in court, reach out right away for a consultation with a Houma birth injury lawyer.
