Birth Injury Attorneys Fighting for Justice
The Wichita birth injury attorneys of Prochaska, Howell & Prochaska LLC know that one of the most devastating events a new parent can experience is learning or suspecting their baby was injured at birth. When such injuries occur, it is vital to find a highly skilled birth injury attorney who can help you obtain reasonable compensation through a medical malpractice lawsuit that ensures your child is cared for properly during the course of their life.
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In the difficult and emotionally charged aftermath of a birth injury, families often find themselves grappling with overwhelming challenges.
From the physical and emotional toll on the parents to the financial burden of ongoing medical care, life following a birth injury can be daunting. In these trying times, hiring a skilled Wichita birth injury lawyer can make a significant difference, providing the expertise and support needed to navigate the intricate legal landscape, as well as hope for the future.
Understanding Birth Injuries
Before looking at the reasons to hire an attorney, it’s important to understand the nature of these injuries. These are injuries that occur to a newborn or mother during childbirth due to medical negligence or malpractice.
These injuries can range from cerebral palsy and brachial plexus injuries to fractures and oxygen deprivation. The complexities of these cases necessitate legal guidance to ensure justice is served.
Common Injuries That Occur at Childbirth
Birth injuries can occur during the labor and delivery process, and while many births proceed without complications, certain factors may lead to injuries. Common birth injuries can include (but are not limited to):
- Brachial Plexus Palsy (Erb’s Palsy): Damage to the network of nerves controlling the arm and hand. Erb’s palsy is often caused by excessive pulling during delivery, especially if the baby’s shoulder becomes stuck behind the mother’s pelvic bone.
- Cerebral Palsy: A group of disorders affecting movement and muscle coordination. Often linked to brain damage during childbirth due to oxygen deprivation or trauma.
- Facial Nerve Injuries: Damage to the facial nerve, leading to facial paralysis, can be caused by pressure on the baby’s face during delivery or the use of forceps.
- Fractures: Bone fractures, commonly to the clavicle or collarbone, resulting from a difficult delivery, especially in cases where the baby is large.
- Perinatal Asphyxia: Oxygen deprivation before, during, or after birth. Often due to complications with the umbilical cord, placenta, or other factors affecting oxygen supply.
- Cephalohematoma: Collection of blood between the baby’s skull and periosteum, typically from trauma during delivery, particularly the use of forceps or vacuum extraction.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage due to oxygen deprivation during labor and delivery, leading to potential long-term neurological issues.
It’s essential to note that not all births result in injuries, and many factors, including medical interventions, prenatal care, and the expertise of healthcare professionals, can influence outcomes.
Role of a Birth Injury Attorney
Birth injury cases involve medical and legal intricacies that demand a comprehensive understanding of both areas. An injury lawyer at Prochaska, Howell & Prochaska LLC possesses the expertise to interpret complex medical records, consult with medical experts, and build a compelling case. This legal professional becomes an invaluable ally in navigating the often-convoluted legal process, ensuring no stone is left unturned in pursuing justice.
Advocacy for Compensation
One of the primary reasons to enlist the services of an attorney is to seek rightful compensation for the damages incurred.
Birth injuries often result in significant medical expenses, ongoing rehabilitation costs, and potential long-term care needs. Skilled legal counsel can assess the full extent of these damages, advocating for fair compensation that covers medical bills, rehabilitation, lost wages, and emotional distress.
Expertise in Medical Malpractice Laws
These cases typically fall under the umbrella of medical malpractice, requiring a deep understanding of the specific laws governing healthcare providers. A Wichita birth injury lawyer specializes in medical malpractice laws, staying abreast of any changes or updates that may impact a case. This expertise allows them to craft a compelling argument that holds negligent healthcare professionals accountable for their actions.
Emotional Support and Empathy
Beyond the legal intricacies, an attorney provides much-needed emotional support and empathy to families dealing with after a birth injury occurs.
The journey can be emotionally devastating, and having a compassionate legal advocate by your side can alleviate some of the stress. A lawyer who genuinely cares about their clients fosters a sense of trust and partnership, making the legal process more manageable for the affected families.
Building a Strong Case
Crafting a strong case is pivotal in birth injury lawsuits. Experienced legal representatives conduct thorough investigations, gather evidence, interview witnesses, and collaborate with medical experts to build compelling cases.
This diligence ensures that the legal argument presented is comprehensive, persuasive, and stands up to scrutiny in a court of law.
Negotiating with Insurance Companies
Dealing with insurance companies can be a formidable task, especially when seeking compensation for birth injuries. Insurance companies often employ tactics to minimize payouts, making having a seasoned negotiator on your side essential. An attorney who handles injury cases like these has the negotiation skills and experience to engage with insurance companies, fighting to secure a fair settlement that adequately addresses your family’s needs.
Ensuring Timely Filing
Legal proceedings come with strict deadlines, and statutes of limitations in birth injury cases are no exception. These lawyers are well-versed in the timelines for filing lawsuits, ensuring that the legal process is initiated within the stipulated timeframe.
Failing to adhere to these deadlines can result in the forfeiture of the right to pursue legal action, hence the importance of timely and informed legal representation.
In the aftermath of a birth injury, hiring a legal advocate is a strategic decision that can profoundly impact the outcome of a case.
From navigating legal complexities to advocating for fair compensation and providing emotional support, our legal professionals at Prochaska, Howell & Prochaska LLC play a pivotal role in ensuring justice for families like yours who have been affected by birth injuries.
The journey to legal resolution is going to be challenging, but with the right Wichita birth injury lawyer on your side, your family can find solace in knowing that your rights are being fiercely defended.
Contact us today, and let’s get started.
Our Birth Injury Areas of Expertise
Headquartered in Wichita, Kansas, our birth injury attorneys help families who have watched a child suffer from a birth injury that could have and should have been prevented. We can assist with the following types of birth injuries and more.
Bone Fractures
There are times during the birthing process that a bone fracture occurs due to force exerted on the bone. If your baby was injured in such a way, please contact us.
Cephalohematoma
We urge you to contact our team if your baby suffered a cephalohematoma, which is a collection of blood under the scalp of a newborn due to pressure during birth.
Cerebral Palsy
If your child has been diagnosed with cerebral palsy, a condition marked by impaired muscle coordination (spastic paralysis) and/or other disabilities, it is likely that they suffered damage to their brain before or during birth. Please contact us.
Learn More
Death
If you believe the death of your baby was due to negligence prior to or during the birthing process, we encourage you to contact us as soon as possible. We want to help you!
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Erb’s Palsy (Brachial Plexus)
Caused at childbirth, Erb’s palsy is a specific type of nerve injury affecting the arm. If your pediatrician has diagnosed your child with Erb’s palsy, we encourage you to contact us.
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Forceps or Vacuum Suction Injuries
During the birthing process, the incorrect placement of the forceps/vacuum suction forceps or a vacuum used too many times/during a C-section could cause swelling or bruising of the brain. If you suspect such negligence, we want to speak to you.
Hypoxic-Ischemic Encephalopathy (HIE)
If you were told or believe your baby did not receive enough oxygen to their brain during the birthing process, they might be the victim of Hypoxic-Ischemic Encephalopathy (HIE). We encourage you to contact us.
OB-GYN Malpractice
Unfortunately, negligence sometimes occurs in the obstetrics and gynecologic fields of medicine, which could cause harm to you or your baby. If you suspect negligence occurred, we want to talk to you.
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Meet Our Attorneys
It is vital to find a medical malpractice attorney who specializes in birth injuries and has also handled many similar cases, such as cases involving brain damage. PHP Law Firm’s Wichita birth injury attorneys serve clients throughout the entire state and have the expertise and experience to win the compensation you need to care for your child.
