Common Forms Of Birth Injury Negligence
Ensuring a healthy birth is a delicate process, which requires a high degree of medical care throughout pregnancy, labor, and the delivery of the child. Most physicians are well-trained and consistently follow their industry’s accepted standard of care. But sometimes, these professionals make mistakes that end up causing serious birth injuries.
Some of the most common medical errors that can result in a serious birth injury include:
- Opting for a natural delivery when a c-section could prevent complications and injuries
- Beginning a c-section too late, which results in complications
- Failure to diagnose or treat maternal health conditions, like preeclampsia (high blood pressure)
- Failure to properly respond to signs of fetal distress, such as oxygen deprivation
- Mistakes while using forceps, vacuum extractors, and other delivery tools
You may be unsure if your child’s injury was caused by medical negligence – this is normal. Determining how these injuries occur requires a careful review by both an experienced Oregon birth injury lawyer and a qualified medical expert.
What Are The Most Common Birth Injuries?
Our Oregon birth injury malpractice lawyers have helped families of children suffering from a range of birth injuries. We understand the financial and personal tolls these injuries can take on a family. But with the right support system, many children with birth injuries can still live fulfilling lives.
Some of the most common birth injuries in malpractice lawsuits include:
In order to ensure you recover the full financial compensation you’re entitled to for both economic and noneconomic damages related to your child’s injury, consider speaking with a birth injury lawyer about your family’s situation.
Medical Malpractice Laws In Oregon
Families who have been affected by birth injuries are often curious how their state’s malpractice laws could affect their ability to file a lawsuit. We’ve summarized some of Oregon’s medical malpractice laws below, but be aware that they apply differently depending on the circumstances of a particular case.
Deadline For Filing A Malpractice Lawsuit
Each state has their own law known as the statute of limitations, which sets a deadline for filing a medical malpractice lawsuit. This deadline varies depending on several factors, including when the injury occurred, when it was discovered, and whether the victim was over 18 years of age.
Meeting this deadline is crucial, as you’ll lose your ability to file a lawsuit if you miss it. This is one reason why it’s important to take legal action shortly following a birth injury.
Caps On Damages
Many states limit the amount of financial compensation you can recover in a medical malpractice lawsuit. Oregon is one of these states, but only wrongful death damages are limited and set at a maximum of $500,000.
Does Oregon Require A Certificate Of Merit?
Several states require medical malpractice plaintiffs to submit a document alongside their lawsuit, which contains opinions from a medical expert. While Oregon does not require this, it’s still important to have your medical evidence reviewed by a medical expert who is also willing to testify in court on your behalf.
How Can A Birth Injury Malpractice Lawyer Help?
A reliable and experienced Oregon birth injury malpractice lawyer can assist you with meeting all of the legal requirements of your case, along with everything else you’ll need to secure a settlement or court victory. Our lawyers help families like yours hold negligent medical professionals liable for the damages they’ve caused in Portland, Salem, Eugene, and throughout the rest of Oregon.
We can help you learn more about your legal options in a free consultation, and only require payment at the end of the case if we’ve helped your family recover financial compensation. Get in touch with us today to begin planning for your child’s future.
For answers to some of the most common birth injury questions, see our FAQ page.