The birth of a child is supposed to be a celebratory occasion. However, for the thousands of families in the United States each year whose children suffer injuries during birth, celebrating isn’t an option.
When the medical team’s negligence causes preventable harm to your infant, you and your child deserve justice. That’s where the legal representation of a birth injury lawyer comes in. At Ramos Law, we combine our legal expertise with medical experience and training to achieve favorable outcomes.
See how our approach can improve your case. Schedule a complimentary consultation with a Ramos Law birth injury attorney today.
Birth Injury Cases We Handle
As a leading personal injury law firm in Colorado and Arizona, our team at Ramos Law understands your child’s condition and your rights as a victim of medical malpractice. Our birth injury lawyers handle various cases, including the following:
Oxygen Deprivation
Hypoxic-ischemic encephalopathy, also known as oxygen deprivation, is, unfortunately, a common birth injury in infants across the United States. It occurs when a baby’s brain and other vital organs don’t receive enough oxygen and nutrients before, during, or after birth. Without essential oxygen and nutrients, cells can’t work correctly – waste builds and causes damage, sometimes serious enough to trigger infant strokes.
Although many factors can contribute to oxygen deprivation, the worst is medical malpractice. Medical professionals uphold a duty of care for their patients, and when they breach it, life-altering consequences result. If you believe medical malpractice caused your child’s oxygen deprivation during birth, consult with our birth injury lawyers immediately.
Tool Misuse
Tools like forceps or vacuum extractors assist in delivery. Both are used to guide the baby out of the birth canal. Certain situations warrant their usage, such as fetal distress, failure to progress, or the mother’s exhaustion.
However, they are not always necessary and can cause more harm than good. When medical staff misuses the tools, whether by incorrectly placing them, using excessive force, or utilizing them for a prolonged period, severe head trauma can occur. If you believe the medical team improperly used forceps or vacuum extractors and caused harm to your child, don’t hesitate to contact a Ramos Law birth injury attorney.
Cerebral Palsy
Cerebral palsy is a neurological disorder that affects muscle tone, movement, and posture. It’s caused by brain damage in developing infants. Although several accidents and situations can result in infant brain damage, the most devastating is the preventable actions by medical professionals.
Whether by misusing tools, failing to monitor, or refraining from necessary interventions, medical teams who cause cerebral palsy in infants cause significant harm. Symptoms vary from mild to severe, but the condition is lifelong. Don’t let medical professionals get away with causing a lifetime of suffering for your child – contact Ramos Law to discuss your case.
Brachial Plexus Injury
Brachial plexus injuries occur when a baby’s neck and shoulders undergo excessive force or stretching during delivery. As a result, the network of nerves between the neck and shoulder – called the brachial plexus – sustains damage. These nerves control muscle movement and sensations in the arm, wrist, and hand.
If a brachial plexus injury arises during childbirth, it can result in loss of function and mobility, a condition known as Erb’s Palsy. Medical teams who apply excessive force when delivering infants and cause an injury affecting fine motor skills should be held responsible for their actions. Ramos Law can help if your child suffered from brachial plexus injuries during birth.
NICU Malpractice
All newborn babies are fragile, but those who spend their first days, weeks, or even months in the neonatal intensive care unit (NICU) require special care and caution. Any misstep in their treatment can cause detrimental consequences.
Infants enter the NICU after birth for several reasons, from breathing issues to jaundice. The doctors, nurses, and medical staff are responsible for improving a child’s condition so they can go home safely. However, that’s not always the case. If you suspect your child’s injury or worsening health is a direct result of the NICU staff’s actions, contact Ramos Law now.
Umbilical Cord Complications
During pregnancy, the umbilical cord is the baby’s livelihood. It provides oxygen and nutrients from the mother’s placenta and removes fetal waste. In some cases, however, what once was an infant’s lifeline brings about harm.
Umbilical cord complications are common – but when the medical team doesn’t identify them and administer appropriate treatment, severe (yet preventable) injuries can occur. If the doctor, nurse, or supporting staff failed to prevent or treat umbilical cord problems and harmed your child, contact the birth injury lawyers of Ramos Law.
Medical Malpractice Actions & Birth Injuries
Our attorneys can also handle cases where the action or inaction of medical teams creates numerous issues, such as the following:
- Doctors failing to assess the mother and baby’s health properly or don’t respond appropriately to pre- or post-birth complications
- Nurses neglecting to monitor the baby’s heart rate, detect fetal distress during labor, or intervene when needed
- Obstetricians delaying necessary cesarean sections
- Anesthesiologists administering incorrect doses
- Hospitals or birthing centers failing to provide staff, equipment, or procedures for emergency scenarios
A Ramos Law Birth Injury Lawyer Can Help
If the joy of a new life has been overshadowed by medical bills, emotional distress, and a lifetime of challenges for your child from medical negligence, Ramos Law can help. Our birth injury attorneys can help you understand your options and potentially recover compensation for your losses.
We can assist in the following ways:
- Understanding intricate medical issues: Birth injury cases typically involve complex medical procedures and records. Thanks to our founder, Joseph Ramos, who has a medical background as an ER physician, we understand the details better than anyone. We’ll analyze everything and identify potential instances of malpractice.
- Maximizing compensation: Substantial medical expenses, lost wages, and ongoing care needs take a toll on finances. Our team will fight for compensation to cover these damages now and in the future.
- Leveling the field: Medical institutions possess legal teams. We know the tactics hospitals and other organizations utilize in birth injury cases. We’ll advocate aggressively on your behalf and protect your rights.
- Peace of mind: We know that navigating the legal space while caring for an injured child can be overwhelming. Our birth injury lawyers will handle everything legal on your behalf, letting you focus on your child’s health and wellness.
Get the Justice Your Family Deserves
Having happy, healthy children is every parent’s dream. If a medical team’s negligence took that away from your family during childbirth, you deserve to fight for justice. Ramos Law can help.
Our two-fold approach to birth injury cases allows us to review your situation from medical and legal angles. We intertwine the ideologies to create a strategy that maximizes compensation and favorable outcomes.
Let’s hold the hospital or medical organization accountable for their actions. If you believe your child was harmed during delivery as a result of medical malpractice, contact a skilled birth injury lawyer at Ramos Law today.
Birth Injury Claims Frequently Asked Questions
We’ve compiled a list of common questions we receive about burn injury cases below. Contact our experienced burn injury attorneys in Denver right away if you have a case.
Potential compensation for birth injury claims may include:
- Medical expenses: Current and future medical costs associated with the birth injury, such as surgeries, therapy, and medication.
- Lost wages: Compensation for a parent’s lost income from caring for their injured child.
- Pain and suffering: Compensation for a child’s physical and emotional pain caused by the injury.
- Loss of earning capacity: If the injury affects a child’s ability to work in the future.
Every state has a limited timeframe for filing a birth injury lawsuit. The statute of limitations in Colorado is two years from the date of the injury or the date you would have reasonably known about it. Arizona’s statute of limitations is also two years from the date of the injury.
Birth injuries manifest in many ways, but some of the most common signs and symptoms to watch for include developmental delays, breathing difficulties, seizures, weak limbs, or feeding problems.
To build a strong case, you’ll need evidence for the doctor-patient relationship, breach of duty, and causation. For example, medical records can help establish that a doctor or medical professional owes your child a duty of care. Records can also indicate missed diagnoses, improper instrument usage, or failure to respond to complications.
Additionally, witness statements from nurses, midwives, or medical staff help strengthen the case. Expert opinions from qualified professionals can explain the standard of care in similar scenarios, whether the medical team breached that standard, and how the breach caused an injury. Overall, seeking legal representation from a skilled birth injury lawyer will help you navigate the process and prove your claim.
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