Phoenix Birth Injury Lawyer
An injury incurred right before, during or shortly after birth could follow a child for life. Cerebral palsy is one example: the most common motor disability in childhood can stem from an injury to the brain during birth. Cerebral palsy is one of the many birth injuries, defects, and disabilities the attorneys at Gallagher & Kennedy focus on within our Plaintiffs’ Personal Injury and Wrongful Death practice group. If your child suffered a birth injury or recently received a related diagnosis such as cerebral palsy, we can help. Contact our Phoenix birth injury attorneys today.
Why Choose Our Phoenix Birth Injury Lawyers?
- We have experience. Our Phoenix personal injury lawyers have spent over 40 years helping victims of personal injury incidents recover compensation for their losses.
- We have history. Gallagher & Kennedy has a proven track record of winning cases, with more than $500 million in favorable results for past clients.
- We have reasonable fees. Our Arizona law firm understands the financial difficulties a family dealing with a birth injury can face. We take cases on a contingency fee basis, and won’t get paid until you receive compensation.
What Are Examples of Birth Injuries?
Birth injuries and birth defects are two different circumstances. Birth injuries happen to an infant during labor and delivery or shortly after the birth of a child. Birth defects are conditions an infant is born with, typically developed in utero. Birth injuries can arise due to negligence, malpractice or incompetence by an obstetrician or physician during the delivery process. Medical malpractice could cause a variety of injuries to the child being born.
- Bone fractures
- Brachial plexus injuries
- Brain injuries
- Cerebral palsy
- Erb’s palsy
- Facial paralysis
- Klumpke’s palsy
- Nerve damage
- Spine injuries
Not all birth injuries will give parents grounds to file medical malpractice lawsuits in Arizona. The birth injury must have stemmed from an action or omission a reasonable and prudent physician would not have committed in the same circumstances. If an ordinary doctor would have diagnosed a maternal infection and prevented it from harming the unborn child, for example, the doctor that failed to diagnose the mother could be guilty of malpractice. Our Phoenix birth injury lawyers can investigate your birth injury case for evidence of malpractice.
Common Types of Medical Malpractice in Birth Injury Claims
It is up to the presiding physician to handle the delivery of a child with due care and consideration for the safety of both the mother and infant. A breach of duty during labor or delivery could be fatal for either party. Examples of mistakes physicians could make that can lead to preventable birth injuries are the improper use of birth-assisting tools, failure to recommend an emergency C-section, lack of fetal distress monitoring, failure to diagnose maternal conditions, and failure to use appropriate birthing techniques.
To prove a birth injury claim, you or your lawyer will need to establish that a patient-doctor relationship existed, the defendant breached a duty of care owed within this relationship, the breach of duty caused your child’s injuries and your child suffered damages as a result. The burden of proof rests with the plaintiff during a personal injury lawsuit. Hiring a Phoenix birth injury attorney can help your family meet the burden of proof by a preponderance of the evidence.
Do You Have a Birth Injury Claim in Arizona?
The Phoenix medical malpractice lawyers at Gallagher & Kennedy give voices to those who cannot speak for themselves. If someone else’s negligence caused your child a serious or permanent birth injury, talk to our Phoenix birth injury lawyers about the opportunity to file a medical malpractice lawsuit against one or more responsible parties.
A physician, nurse, surgeon, hospital, medical product manufacturer or birthing center in Arizona could owe your family compensation for your losses, including medical expenses and mental anguish. We can help your family fight for fair financial recovery. Start the claims process with a free consultation with one of our experienced birth injury lawyers in Phoenix, AZ. Call (602) 530-8400 today to speak to a representative.