Having a child is one of the most joyous occasions of someone’s life. However, complications with labor and delivery can cause the child and, in some cases, the mother, to suffer an injury. Sometimes there is no way to prevent the injury or defect from occurring. Other times, medical negligence can leave you and your baby to face terrible consequences.
If your baby has suffered a birth injury, legal help is available. A New Orleans birth injury lawyer from Laborde Earles Injury Lawyers can represent you and fight for the funds you need to make sure you and your baby can live as normal of a life as possible.
To learn more about our services, contact us at (504) 777-7777 for a free case consultation. We work based on a contingency fee, so you do not have to worry about paying us any upfront or out-of-pocket fees. We charge you only if you receive compensation.
Types of Birth Injuries
According to the Merck Manual, head injuries are the most common type of birth injury. Look at the list below to see more specific examples of birth injuries:
- Broken bones, namely around the skull
- Erb’s palsy
- Cerebral palsy
- Cephalohematoma
- Hypoxia
- Blood clots
- Stillbirth
Some of these injuries are preventable. Unfortunately, things can go wrong if the medical team is not vigilant. Care providers may not use the proper tools while delivering the baby, or they could fail to monitor the baby’s vitals or administer the wrong medication to the mother.
An inattentive doctor could let a harmful condition go untreated, whether it is noticeable during pregnancy or delivery. They could also misdiagnose the condition or diagnose it too late when the damage is irreversible.
For a free legal consultation with a birth injury lawyer serving New Orleans, call (504) 777-7777
Damages You May Be Able to Recover in a Birth Injury Case
Calculating damages for a birth injury is very difficult because it is tough to know how much the required medical care will cost. However, a New Orleans birth injury lawyer can use their experience and knowledge to put a price tag on each damage you and/or your baby sustain following a birth injury.
Damages are classified into two categories: economic and non-economic.
Economic Damages
Compensation for these losses has a fixed dollar value, so you just need to add up all the money you have spent and lost since the injury. These expenses may include:
- Medical costs. The mother and/or child might require serious medical treatment for the injury. These services may include medications, lab work, doctor’s appointments, surgeries, medical devices (e.g., wheelchair or harness), and mental health therapy for the family members who were traumatized by the experience.
- Lost income. The mother and/or the father might have had to take off work to care for the child, go to doctor’s appointments, or just heal—mentally and physically—from the incident.
- Out-of-pocket expenses. You may have had to hire a nanny or a housekeeping service for assistance.
Non-Economic Damages
These losses cover how the birth injury affected you and your family mentally and physically. These damages can include:
- Disability. Your baby may have developmental or intellectual delays or disabilities.
- Pain and suffering. You and your family may need help coping with the mental and emotional trauma from the event.
- Loss of quality of life: Your baby may not be able to live independently and enjoy life the same way they would have if not for the injury.
These damages can cover both short-term and long-term losses following a birth injury. To learn if you could pursue other damages, give Laborde Earles Injury Lawyers a call today at (504) 777-7777. We represent clients in New Orleans and surrounding areas.
New Orleans Birth Injury Lawyer Near Me (504) 777-7777
How a Lawyer Can Help You and Your Family
Trying to cope with a new lifestyle and help your baby get the treatment they need is exhausting and time-consuming, so bringing the negligent party to justice may seem too overwhelming to even think about.
The good news is, while you tend to your child and other responsibilities, a lawyer can take on your case and pursue compensation on your behalf. The list below indicates how they can serve you during this trying time.
Conduct an Investigation
After hearing your side of the story, a lawyer from our firm can begin to gather other forms of evidence to build your case. They can first interview your medical team and note their side of the story and what they did before, during, and after delivery.
They can then consult other medical professionals in the same field and determine if your medical team followed all protocols and procedures accordingly. Pictures of the ultrasound during pregnancy can also demonstrate the medical team’s negligence.
Go Up Against the Other Party’s Insurance Company
Facing a hospital or a medical corporation’s legal team and insurance company can be intimidating. They may try to pin the blame on you and claim you went against medical advice and behaved irresponsibly during pregnancy, ultimately causing the baby’s birth injury.
Alternatively, they may admit their client was at fault but still offer you a low settlement. Your lawyer can negotiate a fair settlement to cover your needs and your baby’s needs. If no one can agree on a settlement amount, then you may have to file a lawsuit.
File a Medical Malpractice Suit
Should you decide to file a lawsuit, make sure you do so within Louisiana’s statute of limitations. If you are suing for medical malpractice, RS 9:5628 gives you one year to sue after the day of discovery—three years at the most.
If your baby and/or the mother died from the birth injury, CC Art. 2315.2 provides one year for surviving family members to bring a wrongful death lawsuit against the at-fault party.
Make sure you consult Laborde Earles Injury Lawyers as soon as possible if you want to file a lawsuit. Waiting too long may jeopardize your chances of recovering any of your related damages.
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Act Now to Take Legal Action
At Laborde Earles Injury Lawyers, our top priority is to make sure you have everything you need to take care of yourself and your family following this horrifying incident. Let our New Orleans birth injury lawyer help you get the compensation you are entitled to collect.
Reach out to us now at (504) 777-7777.
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