Fayetteville, AR Birth Injury Attorney
Every parent expects that a doctor will exercise caution when handling their child during a delivery. Unfortunately, some doctors may exhibit negligence when delivering a newborn, which could result in a number of birth injuries. Filing a medical malpractice lawsuit could be the only option you have to pursue compensation for injuries your child suffered. If your child was the victim of a birth injury, consult with an experienced Fayetteville birth injury attorney.
Ken Kieklak, Attorney at Law, knows that it can be difficult to learn that your child was injured by a medical practitioner that was in charge of their care, and we are here to help you pursue a claim against that party. To schedule a free legal consultation, contact Ken Kieklak at (479) 316-0438, or contact us online.
Common Birth Injuries
Birth injuries can affect various parts of a child’s body. Learning the signs and symptoms of a particular birth injury can help a parent if they seek to get treatment for their child or pursue legal action against the party responsible. The following is a list of common birth injuries that could occur during a delivery in Fayetteville, Arkansas.
Erb’s palsy occurs because a child suffered an injury to their brachial plexus. The brachial plexus is a network of nerves that can affect movement in a person’s arms and hands. If the brachial plexus is damaged during the delivery of a child, a baby could have issues with motion and sensation in their arms or hands.
Shoulder dystocia is one scenario where a newborn could develop Erb’s palsy. A child may experience shoulder dystocia if their shoulders become stuck after their head has breached the birth canal. If a doctor is not careful when trying to deliver a child in these conditions, the child could suffer an injury to the brachial plexus nerves in their shoulder and develop Erb’s palsy.
Cerebral palsy is a number of disorders that can impact a child’s ability to maintain their balance and posture. This condition typically only occurs if a child suffers a birth injury or if they have some issues with brain development. For example, if a child’s head is injured because a doctor misused forceps during delivery, there is a chance that the child could develop cerebral palsy.
There are multiple types of cerebral palsy that can affect a person. For example, spastic cerebral palsy is where the muscles become too tight, which can result in awkward movements when a child is trying to walk.
Facial paralysis, or Bell’s palsy, is a condition where the nerves controlling facial expression are affected. Bell’s palsy can cause stiffness and weakness, often affecting one side of the face. Many of these conditions occur as a result of medical malpractice. Damage to the facial nerves can happen when a doctor exerts too much pressure on a baby’s head during delivery. Common symptoms associated with this condition include dry eyes, drooling, and a decreased sense of taste, among other debilitating symptoms.
Hypoxia is the medical term used to describe the lack of proper oxygenation to the brain. Babies need to have adequate levels of oxygen through delivery. The lack of oxygen can lead to severe, life-threatening consequences. For instance, if a baby does not receive proper oxygen, they can suffer from long-term effects such as brain damage or cerebral palsy, among other conditions.
There are other types of birth injuries that a newborn could suffer due to medical malpractice. For example, if a child becomes entangled in their umbilical cord during delivery, this could lead to brain damage if they are cut off from oxygen for too long.
To learn more about filing a lawsuit for a birth injury, continue reading and speak with an experienced Fayetteville medical malpractice lawyer.
When to File a Medical Malpractice Lawsuit for a Birth Injury in Fayetteville
Upon learning that your child has suffered a serious birth injury, you should consider filing a medical malpractice lawsuit against the negligent medical practitioner responsible. Civil lawsuits are subject to the statute of limitations. This means that a claimant only has a limited amount of time to file their lawsuit with the court or face the possibility of their claim being barred.
In Arkansas, the statute of limitations for a medical malpractice lawsuit is two years from the date of the injury. This is a very short amount of time, considering it could take days or weeks to discover that your child was injured during a delivery. That is why it is important to speak with an experienced attorney about your claim as soon as you discover the injury.
Waiting too long to pursue legal action against a negligent doctor can be unwise if your child suffered extensive injuries in Fayetteville, AR due to a doctor’s negligence. You may have to pay expensive medical bills and other associated expenses related to the injury. If you are not able to pursue a claim against a doctor because the statute of limitations has lapsed, you may be unable to pursue compensation for your child’s injuries. Additionally, some attorneys may become skeptical of taking your case if the statute of limitations is looming over the claim.
Filing a Claim After a Childbirth Injury
Many mothers have questions following an injury to their newborn baby. Fortunately, you can hold the liable parties accountable for their wrongdoing through a medical malpractice claim. Medical malpractice claims are used in cases where medical professionals engaged in negligent actions or omissions. As you may know, healthcare providers are expected to adhere to their profession’s standard of care. Medical negligence often happens when careless, reckless, or unprofessional doctors fail to act prudently or reasonably as expected from other professionals under similar circumstances.
The first step to obtaining the compensation you deserve for your child’s injuries is retaining the services of a skilled, dedicated, and aggressive Fayetteville childbirth injury attorney. Your lawyer will guide you through the entire medical malpractice claim. Getting compensation requires you to prove a series of elements with the court. For instance, you will need to show your doctor owed you a duty of care that was breached. You must also prove your doctor’s breach of duty caused you harm and ultimately led to your losses. Once you have proven that all these elements exist in your claim, you may obtain compensation.
Many people may wonder how much compensation they can expect to receive from their medical malpractice claim. However, there is not a definitive answer to this question. No case is the same as the next. Therefore, the amount of compensation you can expect depends on the specific circumstances surrounding your case.
Contact Our Experienced Fayetteville Birth Injury Lawyer Today
If your child was injured due to the negligent actions of a doctor, contact an experienced Fayetteville birth injury lawyer today. Ken Kieklak, Attorney at Law, possesses over two decades of legal experience, and he is prepared to use this knowledge to assist you in litigating your claim. To schedule a free case evaluation to discuss your legal situation, contact Ken Kieklak at (479) 316-0438.