What Causes Birth Injuries?
Some birth injuries occur because of unavoidable circumstances, but many are the result of a doctor’s failure to properly anticipate and respond to birth complications.
A few of the most common examples of medical negligence we see in birth injury malpractice cases include:
- Failure to properly respond to maternal health problems (e.g. preeclampsia, infections, gestational diabetes, prolapsed umbilical cords, etc.)
- Failure to identify and respond to signs of fetal distress, like oxygen deprivation or abnormal heart rate
- Injuries caused by misuse of forceps, vacuum extractors, and other assisted delivery tools
- Failing to order a necessary c-section or ordering one too late
- Using too much force during a difficult delivery, causing brachial plexus nerve damage
In order to determine if medical negligence was involved in your child’s injury, you’ll need to have the medical evidence of your case carefully reviewed by a qualified medical expert. Our Oklahoma birth injury malpractice lawyers can help put you in touch with one of these experts.
Birth Injuries Commonly Seen In Malpractice Lawsuits
Some of the most serious and common birth injuries we see in malpractice lawsuits include:
These serious conditions often require expensive and complicated support systems. Providing full support for children with severe conditions like cerebral palsy is beyond the budget of the average middle-class Oklahoma family. This is why it’s extremely important to consider speaking with an experienced Oklahoma birth injury malpractice lawyer shortly following your child’s birth injury.
Medical Malpractice Laws In Oklahoma
If you’re considering a birth injury lawsuit, you may be wondering how Oklahoma medical malpractice laws could influence your case. We’ve briefly summarized the main principles of these laws before, but we suggest speaking with an experienced Oklahoma birth injury malpractice lawyer to get a better understanding of how they apply to your case.
Statute Of Limitations
The statute of limitations is a time limit for filing a medical malpractice claim. This time limit varies between states. Determining when the statute of limitations begins and ends can be complicated, especially for birth injuries since they involve minors. It’s best to take legal action immediately following a birth injury to make sure you file your claim within the statute of limitations.
Caps On Noneconomic Damages
Oklahoma is one of many states to limit the amount of financial compensation you can recover for noneconomic damages (such as pain, suffering, and loss of quality of life). These damages are capped at $350,000 – but cases involving wrongful death or extreme negligence may have uncapped damages. Economic damages, like medical bills and lost wages, are uncapped and determined by the dollar figure of these expenses.
Affidavit Of Merit
In Oklahoma, plaintiffs in medical malpractice lawsuits must file a document called an affidavit of merit alongside their lawsuit. This affidavit must state that the plaintiff and their lawyer have had the case reviewed by a qualified medical expert who believes that the healthcare provider being sued caused an injury through negligence.
Taking Legal Action After A Birth Injury
If you and your partner recently gave birth to a child with a serious birth injury, it’s important to explore your family’s legal options. If the injury was caused by medical negligence, a birth injury malpractice lawsuit can help you secure the financial compensation you’ll need to raise your child in a comfortable environment.
These cases are complex, so it’s important to find a lawyer with experience in Oklahoma birth injury cases. Our experienced Oklahoma birth injury lawyers understand how to build a successful malpractice lawsuit by adhering to state laws, presenting detailed medical evidence, and hiring medical experts to testify on your behalf.
To begin planning for your child’s future after a preventable birth injury, contact us today for a free consultation.