Giving birth to a child should be a joyous occasion and a reason to celebrate. However, what should have been one of your life’s best experiences can turn into a nightmare if your baby gets injured. Over the years, there have been many cases where negligent medical professionals have caused harm to mothers and their babies during labor.
However, you are not alone. At the law offices of Ken Kieklak, Attorney at Law, we can help you fight for the compensation you deserve for your losses. Thanks to our experience, skill, and dedication, we can hold the liable parties accountable for their harm. To learn more about our services in a free, confidential consultation, call our Arkansas birth injury lawyers today at (479) 316-0438.
Arkansas Birth Injuries and their Causes
A birth injury is any harm caused to a baby during their time of birth. Unfortunately, many things can cause injuries to a baby during labor, including air deprivation, head trauma caused by an impact, and harm caused by forceps. Sadly, a baby can suffer severe injuries or develop a medical condition due to their injuries. Typically, these injuries occur due to the negligence of doctors, nurses, assistants, and other healthcare professionals. Some of the most common birth injuries and their causes in Arkansas include:
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy or HIE is a severe type of brain injury that happens when the baby’s brain is deprived of oxygen during birth. Oxygenated blood deprivation can lead to severe medical issues. HIE can lead to devastating medical conditions such as brain damage, developmental issues, and physical impairment. All trained medical staff assisting during birth must be able to recognize signs of air deprivation and should act quickly to prevent harming the baby. Unfortunately, negligent OB-GYNs and other healthcare professionals fail to detect this emergency on time, which can lead to severe, irreversible damage. If a healthcare professional’s negligent actions injured your newborn, our Arkansas birth injury lawyers can help.
Cerebral palsy is a movement disorder caused primarily by brain damage. Unfortunately, there are many problems that can lead to cerebral palsy during birth. For example, umbilical cord problems, brain bleeds, and HIE – among other issues – can lead to cerebral palsy. This type of injury can be prevented by exercising care, identifying a potential problem during or close to birth, and adopting the necessary measures to solve the situation. Common cerebral palsy symptoms include exaggerated reflexes, involuntary motions, and rigid limbs, among other symptoms.
Unfortunately, medical negligence can play a significant role in your baby’s motor and physical impairments due to cerebral palsy. For example, if a doctor exerts too much pressure using forceps to extract the baby from the birth canal, they can cause brain damage that can lead to cerebral palsy. You can hold the liable physician accountable for your baby’s injuries and fight for compensation.
Trauma to the head during delivery can lead to internal brain damage and bleeding. Intracranial hemorrhages can prevent oxygen-rich blood from flowing through the brain, causing extensive damage and risking the baby’s safety. Unfortunately, there have been numerous cases where medical negligence has led to devastating accidents such as accidental falls during birth.
Birth Injuries from Negligent Medical Care During Pregnancy, Labor, and Delivery
Medical professionals and healthcare providers must monitor both the mother and their baby throughout pregnancy. Many women have gone through pregnancies without showing any significant complications. However, there is always the possibility of complications developing at any stage during pregnancy. Healthcare professionals must identify and solve any issues that may put the mother’s and her baby’s lives in danger. Failure to follow the medical standard of care – which we will discuss later – can lead to otherwise preventable harm.
There have been many cases where doctors have engaged in negligent practices that have caused harm to their patients. For instance, there have been situations where doctors fail to identify and plan for a potentially high-risk pregnancy. Moreover, there have been many cases involving failure to order a C-section on time, in order to prevent damage to the baby and their mother. Failure to identify and correct any issues with the umbilical cord has also been a recurrent malpractice issue. If you or a loved one was injured during birth due to medical negligence, our Arkansas birth injury lawyers can help you fight for compensation.
Filing Medical Malpractice Lawsuits for Birth Injuries in Arkansas
You can file a medical malpractice claim against the negligent OB-GYN, physician, nurse, or another caregiver who harmed your baby. As a defendant, you will have to prove the defendant engaged in otherwise preventable negligent actions. With your Arkansas birth injury lawyer’s assistance, you should be able to prove four main elements.
First, you will be required to prove the defendant (OB-GYN, nurse, anesthesiologist, etc.) owed you a legal duty of care. Second, you will have to show the defendant breached their medical standard of care, which requires them to act in a manner in which a reasonably competent doctor with the same background and skill would have acted under the same circumstances. Third, you will have to prove that your doctor’s negligence caused harm to your baby. Finally, you will need to show the court you suffered damages as a consequence of your medical professional’s negligence.
Once you have shown the existence of these four elements by a preponderance of the evidence, the court may grant you compensation for your losses. The compensation awarded by the court can help you cover losses such as your medical bills, lost wages, and pain and suffering.
Arkansas Birth Injury Attorney Offering Free Consultations
If you or your child was injured during labor due to the negligent acts or omissions of a healthcare professional in Arkansas, we can help. Our Arkansas personal injury attorney for birth injuries attorney Ken Kieklak has the experience, skill, and knowledge to hold the liable parties accountable for your losses. We will fight tirelessly, aggressively and strategically, to fight for the compensation you deserve. To learn more about our services in a free, confidential consultation, call our law offices today at (479) 316-0438.