Ponchatoula Birth Injury Lawyer
Birth injuries refer to damage or physical trauma to a baby as a result of some incident during childbirth. Birth injuries range from minor bruising to significant damage to nerves and the brain. While not all birth injuries are the result of medical negligence, when doctors, nurses, or other medical providers fail to meet the standard of care, they may be held responsible for medical negligence that leads to birth injuries. A Ponchatoula birth injury lawyer may be able to assist you in recovering your damages. With an experienced medical malpractice attorney at your side, you may be able to get justice for your child.
Causes of Birth Injury Cases
When evaluating a birth injury case, it is essential to have trusted and independent medical professionals examine the circumstances of the injury. If the medical care provided to a patient during pregnancy, labor, or post-childbirth deviates from the accepted standard of care, medical malpractice may have occurred. A variety of factors might cause or contribute to birth injuries, the most common of these errors including:
- Communication errors in the birthing team
- Delayed cesarean sections
- Missed signs of fetal distress
- Misuse of labor-inducing drugs
- Improper resuscitation techniques
- Unnecessary use of vacuum or forceps
Common Birth Injuries
Birth injuries could occur in various ways but there are specific categories of injuries that are more common than others. Some of these injuries include:
- Brachial Plexus
- Cerebral Palsy or Erb’s Palsy
- Shoulder Dystocia
- Preeclampsia / Eclampsia
- Breech birth
- Fetal asphyxia and distress
- Cystic fibrosis
Medical Malpractice Cases in Louisiana
There are elements of medical malpractice that must be proven to recover from a birth injury claim against private or public healthcare providers. A medical malpractice claim in Ponchatoula requires that the medical professional had a duty to provide care to the patient, that they violated the standard of care expected of a reasonable professional in their position, and that the breach of duty caused avoidable injuries.
In Louisiana, there is a $500,000 cap on damages from medical malpractice claims and claims against a government agency when the medical professional is a qualified healthcare provider pursuant to LSA R.S. 40:1237.2, et seq. and/or LSA R.S. 40:1231.8 et seq. This cap on damages does not apply to future medical expenses or to injury cases that do not involve medical malpractice. Any amount over $100,000 is paid by the state Patient’s Compensation Fund, a fund that covers all eligible state health care providers.
Recoverable Damages
As a plaintiff in a birth injury case, an injured victim can seek different types of compensation with the help of a birth injury lawyer in Ponchatoula. If the settlement or lawsuit is decided in their favor, the victim may be able to recover for their economic damages such as medical expenses and non-economic damages, including pain and suffering. Although monetary compensation cannot make the victim whole again, it may help pay bills and provide stress relief after a life-altering injury.
In Louisiana, there is also a one-year statute of limitations requiring victims or their family members to file a claim for medical malpractice within one year of the injury. Birth injury cases are complex, but local birth injury attorneys could apply their legal experience and medical knowledge to provide the representation needed to secure the maximum compensation for Ponchatoula cases.
Start Working with a Seasoned Ponchatoula Birth Injury Attorney Today
Hospitals, doctors, and nurses all owe a standard of care to their patients set by other medical professionals in their field. If you suspect your child suffered severe or permanent injuries during labor and delivery due to the negligence of a medical professional, a Ponchatoula birth injury lawyer can assist you in fighting for the compensation you need and the justice you deserve. Call today to schedule a consultation and get started on your case.