My Baby Was Hurt, Now What?

# Birth Injury Lawsuit

The absolute unthinkable: Your baby suffered a birth injury. Earth shattering. Life changing. Now what? An extra layer of sad is that moms and families who suffered the unthinkable have limited time to take legal action if their child was hurt due to an injury at birth. 

We encourage you to contact us about taking birth injury legal action before it is too late.

Medical facilities must be held accountable if their actions — or failure to act — hurt your child. Taking legal action could provide much-needed financial compensation for things like long-term care. Your legal action could also assure that birth injuries, from cerebral palsy to traumatic brain damage, are investigated so the same avoidable injuries don’t keep happening to other families. 

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The laws vary from state-to-state but, in general, if your child was hurt because of medical malpractice — something the doctor or hospital did wrong, or could have done but didn’t — then you likely have surprisingly little time to take action. Legal action could provide much-needed financial compensation. It also is the only way to push the investigation of avoidable birth injuries so that procedures are changed and future babies and families are not hurt. 

This is tough, but here goes. Injuries that can be caused by medical malpractice may include: Brain Damage like traumatic brain damage at birth

Or brain damage like asphyxia, like birth, neonatal or perinatal asphyxia (an injury caused by loss of oxygen). Or Hypoxic-Ischemic Encephalopathy (HIE) — also likely all about loss of oxygen.

Or delivery issues like Brachial Plexus Injuries OR Shoulder Dystocia. 

And of course cerebral palsy. Like spastic, athetoid, ataxic, mixed type or even “mild Cerebral Palsy” (whatever that means).

And then of course there’s the death of a newborn because of medical malpractice.

For all of these birth injuries, the statutes vary by state and you likely have a lot less time thank you think to take legal action, sadly.

You Count Five Fingers, Five Toes.
& Then it Hits You.

Your first priority is always taking care of your child, we get that. We’re here — Hi! it’s us at A Case for Women! — to make this easier on you. Because if your child was born with birth defects because of medical malpractice or negligence, you may be able to file a lawsuit against the facility involved Yeah — we hear you, what a drag! What a big expenditure of time and energy, the two things no new parent has. 

Yet: If your baby was hurt, you’re in a position to stand up for other babies, other moms whose precious child was or could be seriously hurt because of malpractice. 

By filing a medical mapractice claim you’ll stand up for other moms and babies who are in jeopardy today. That’s a pretty big deal. 

Oh, and even though it’s not about the $, let’s not forget the fact that all of those surgeries, doctor visits and therapies cost money, and lots of it. We’re so happy to think the medical malpractice lawsuit could be useful to you, on many different levels. 

All of Your Love
Can’t Take Away
What Happened Away.

This is How We Change That. >

Why Speak Up? 

Obviously there are many potential risks at play during the process of labor and birth. Some aren’t avoidable. Some are—like injuries caused by a negligent doctor or medical care provider. When those providers continue to work as delivering doctors, they put future mothers and children in danger. Birth injury suits are meant to hold both doctors and facilities accountable for unnecessarily endangering women and their children, and to give families the ability to subsidize or cover the many unexpected, daunting, and potentially lifelong costs of care. Also, by taking action, women ensure that their child’s injuries are not taken for granted and that, hopefully, by standing up, future newborns are less likely to be hurt in the same way as her own.

We Wish We Could Tell You
This Is a One Time Thing. 

We can’t. But we can say that the vast majority of doctors and facilities are AMAZING and this is not about them, at all. This is about doctors who may have hurt many babies before yours was hurt. Facilities that looked the other way. Processes that should have been performed, like reporting what happened or other safety protocols. Often, if a baby ends up hurt because of medical malpractice, we’re not talking about one wrong thing. We’re talking many wrong steps, and they all added up to hurting your child. It’s heartbreaking because so often it wasn’t just preventable, it also should have been preventable — like it never should have happened to you and your baby. We get that, and that’s why we’re working with women whose babies were hurt so they can take legal action and stand up. 

A Case for Women’s Birth Injury initiative is sponsored by the law firm of Kirkendall Dwyer LLP. This firm may be affiliated with select other A Case for Women initiatives.

Kirkendall Dwyer LLC is headquartered in Dallas, TX.

Attorney Advertising. The contents of this website should not be construed as legal advice and the receipt of such information does not create an attorney-client relationship. Additionally, prior results do not guarantee future outcomes.

If there is no recovery (compensation), no fees or costs are charged by these law firms!