Birth Injury Lawyers
The birth of a child is supposed to be one of the happiest times of a parent’s life. It’s a time to celebrate life and welcome a new member to the family. Unfortunately, labor and delivery is not without risk to both mother and baby. While modern medical techniques, procedures, and instruments make labor and delivery safer, birth injuries continue to occur with some frequency in our communities. Although some birth injuries may be unavoidable, many are caused due to the carelessness, fault, or negligence of a medical professional or medical facility. When that happens, hiring a knowledgeable and experienced birth injury lawyer is essential to making sure your rights are protected.
When avoidable injuries do occur, a birth injury lawyer can help. The best birth injury lawyers will identify careless or wrongful actions of medical professionals that may not be so easy to spot for parents and even other lawyers. A birth injury lawyer will can then investigate the injury, make sure all those who share responsibility are identified, and obtain the best result possible for both baby and family.
You can count on the birth injury lawyers at Gold, Khourey & Turak to do just that. Our experienced lawyers know the ins and outs of birth injury cases and fight to obtain the compensation our clients deserve. If you or your baby have suffered an injury, contact GKT’s birth injury lawyers to schedule a free consultation now. Our birth injury lawyers are available at any time by calling (304) 845-9750, by Live Chat 24/7 at GKT.com, or online. Need help? Get help. Get GKT.
About Gold Khourey & Turak Birth Injury Lawyers
Since 1978, Gold, Khourey & Turak’s birth injury lawyers have represented those who have suffered injury due to the careless actions of a doctor, other medical professional, or medical facility. Our birth injury lawyers know the ins and outs of birth injuries and how to obtain the best results for you and your family.
More than that, our lawyers know that a family suffering from a birth injury is going through what is perhaps the most stressful and challenging time of their family’s life. That’s why at GKT, our clients are not just a case or a file. We know that our clients are real people who are suffering greatly. Our clients are our friends and neighbors, and our birth injury lawyers do everything within their power to take away the stress and anxiety caused by a birth injury.
Contact GKT today for a free consultation. Need help? Get help. Get GKT.
Signs and Symptoms of Birth Injuries
Sometimes, it’s very apparent that a child has suffered a birth injury. Other times, it might be difficult to tell, and parents are left wondering whether something went wrong.
Below are some common signs and symptoms of a birth injury at or immediately after birth:
- Cuts, bruising, or swelling of the child’s head, face, or shoulders
- Breathing issues shortly after birth
- Floppy or limp arms or legs
- Seizures
- Yellow skin (jaundice)
- High-pitch crying or constant crying
- Trouble feeding
- Abnormal eye movements
Common signs and symptoms of a birth injury later on in childhood may include:
- Seizures
- Developmental delays
- Learning disabilities
- Coordination issues
- Muscle spasms or twitches
- Hearing or vision problems
If your child is experiencing any of these signs and symptoms, it’s important to consult with an experienced birth injury lawyer as soon as possible so he or she can start investigating whether you have a birth injury case.
Common Birth Injury Causes
Birth injuries are any injuries that happen during the course of labor and delivery and can be due to any number of different and varied causes. Whether a person has a birth injury case will depend on whether the injuries were the result of a medical error or the careless actions, fault, or negligence of a nurse, doctor, or other medical professional or facility.
Some of the more common medical errors or errors made by doctors and other healthcare professionals that lead to birth injuries include:
- Failure to properly monitor heart rate before or during delivery
- Improper use of extractors during delivery
- Improper use of forceps during delivery
- Improper use of vacuum during delivery
- Failure to order caesarian section (C section)
- Delay in ordering caesarian section (C section)
- Botched caesarian section (C section)
- Failure to follow delivery instructions
- Administering the wrong drugs or medications
- Administering the wrong dose of drugs or medications
- Improper use of Pitocin or other labor-inducing drugs or medications
- Failure to diagnose a prenatal condition
- Failure to perform prenatal tests or monitoring
- Failure to diagnose or treat infections
If you or your baby have suffered a birth injury, it’s important to consult with a knowledgeable and experienced birth injury lawyer. The birth injury lawyers at GKT can help determine whether a birth injury is the result of one of these causes or some other medical error.
Common Birth Injuries and Conditions
The unfortunate truth is that when birth injuries do occur, they’re often severe and cause long-lasting or permanent disability. Below are some of the more common birth injuries and the conditions that result from those injuries:
Cerebral Palsy
Cerebral palsy is one of the most common conditions resulting from a medical error during birth. According to the United States Centers for Disease Control, cerebral palsy is prevalent anywhere from 1-4 births per 1,000. While cerebral palsy can be the result of many different circumstances, it can be caused by a lack of oxygen (hypoxia) to the brain before or during birth. Cerebral palsy mostly affects a person’s motor function. A baby suffering from cerebral palsy may experience the following, often permanent, affects: muscle weakness, muscle stiffness, muscle spasms, epilepsy, speech issues, vision problems, hearing impairment, and learning difficulties.
Cerebral palsy may be caused by the following medical errors:
- Improper monitoring by a nurse, doctor, or other healthcare provider
- Failure to monitor fetal distress by a nurse, doctor, or other healthcare provider
- Failure to diagnose or treat prenatal infection
- Failure to properly use extraction instruments such as forceps, extractors, or vacuum
- Failure to timely order a caesarian section (C-section)
- Failure to order a caesarian section (C-section)
Cerebral palsy is a lifelong disorder that causes permanent disability and loss of function. People suffering from cerebral palsy typically require long term care and therapy that can be extremely expensive. If your child has been diagnosed with cerebral palsy, contacting a skilled birth injury lawyer is the first step in learning whether you are entitled to compensation for these and other costs. The birth injury attorneys at GKT can help you.
Erb’s Palsy (Brachial Plexus Palsy)
Erb’s palsy is the total or partial paralysis of the shoulder and arm due to injury to the C5-C6 nerves in the neck area. If these nerves are bruised or torn during childbirth, only partial paralysis of the shoulder and arms may occur. However, if these nerves are severed, total paralysis and loss of use of the shoulder and arm may occur. Shoulder dystocia, where the child’s shoulder is caught behind the mother’s pubic bone, is a common cause of Erb’s palsy.
Erb’s palsy may be caused by the following medical errors:
- Improper use of forceps, extractors, or a vacuum during birth
- Excessive pulling or use of force during birth
- Breech birth resulting from a failure to schedule a caesarian section (C-section)
Klumpke’s Palsy
Similar to Erb’s palsy, Klumpke’s palsy involves the partial or total paralysis of the forehand or hand due to nerve injury. The extent of the paralysis depends on the type and severity of the damage to the C8/T1 nerves. The classic sign of Klumpke’s palsy is a claw-like hand and can result from a traumatic birth, just as Erb’s palsy.
Skull or Bone Fractures
During childbirth, a child may suffer a fracture of the skull, collarbone, or other bones. The collarbone is perhaps the most commonly broken bone during delivery. When a baby suffers a broken bone during delivery, he or she may need to be immobilized and surgery may be required to repair the fracture.
Common causes of skull, collarbone, and other bone fractures during labor and delivery include:
- Improper use of forceps, extractors, or a vacuum during delivery
- Excessive pulling or use of force during delivery
- Failure to order a caesarian section (C-section)
Facial Paralysis
Facial paralysis is a fairly common birth injury that can occur when too much pressure is exerted on the child’s face and head. Facial paralysis may be partial or total depending on the nerves damaged and the extent of damage to those nerves. Facial paralysis may result from improper use of forceps, extractors of a vacuum during delivery.
Brain Damage
Some of the worst birth injuries involve injury to a baby’s brain. Damage to a baby’s brain during birth may be caused by physical force or by lack of oxygen (hypoxia or asphyxia). Brain injuries may include brain bleeds and hemorrhages, and brain swelling. When suffered, a birth brain injury can have lifelong impacts on the baby and may include permanent disability and impairment.
Causes of brain birth injuries may include:
- Excessive or improper use of delivery instruments such as forceps, extractors, or a vacuum
- Excessive pulling or squeezing during delivery
- Failure to order a caesarian section (C-section)
- Failure to timely order a caesarian section (C-section)
- A nurse’s or doctor’s failure to monitor fetal distress
- Failure to perform prenatal monitoring or tests
- Failure to perform a prenatal condition
Determining whether a baby has suffered a brain injury due to the carelessness or wrongful action of a nurse, doctor, or other healthcare professional or facility, is complex. An experienced birth injury lawyer can help determine if you have a birth injury case.
Spinal Cord Injuries
When doctors and other healthcare professionals make medical errors during labor and delivery, a baby could suffer a spinal cord injury. When a baby suffers a spinal cord injury during birth, the results can be devastating. Such injuries may result in paralysis. Even when paralysis does not occur, a spinal cord birth injury may result in impaired use of one or more limbs and affect day-to-day living forever.
When a spinal cord birth injury does occur, it is most often due to the following types of medical errors:
- Improper use of extraction devices during birth, such as forceps or a vacuum
- Excessive pulling, squeezing, or other use of force during delivery.
If your child has suffered a spinal cord injury at birth, call the birth injury lawyers at GKT to learn more about whether you may have a birth injury case.
Lack of Oxygen (Hypoxia or Asphyxia)
One of the more common causes behind many birth injuries is a lack of oxygen. The medical terms hypoxia and asphyxia both refer to a lack of oxygen. The difference is that hypoxia is caused by an inadequate delivery or utilization of oxygen, whereas asphyxia is caused by an obstruction or injury physically preventing oxygen from entering the body. Regardless of the medical diagnosis, when a baby does not receive adequate oxygen during labor and delivery, serious damage to the brain is often the result.
Because birth injuries involving lack of oxygen can be so severe, many doctors overreact to prevent the child from suffering such an injury. For example, a doctor may use excessive force of pulling to deliver a child quickly and not run the risk of oxygen deprivation. Or a doctor may use forceps or a vacuum in an improper way to deliver as soon as possible. Sometimes, these tactics are necessary, and the child does not suffer any injury. Sometimes, these tactics are not necessary, and the child suffers a skull or collarbone fracture or a spinal cord injury.
If your child has suffered a birth injury, contact the birth injury lawyers at GKT today for a free, no-hassle consultation. We are here to help 24/7.
Who is Responsible for a Birth Injury?
The basis for any birth injury lawsuit is medical malpractice. In a medical malpractice case, any healthcare professional who fails to provide the necessary level of care can be held responsible for any injuries that occur mother or baby.
Healthcare providers who may be responsible for a birth injury include:
- Nurses and nurse’s assistants and aids
- Doctors and physicians
- Specialists (which includes OBGYN, anesthesiologist, and any other specialist providing care to mother or baby)
In addition to doctors and other healthcare professionals, medical facilities such as hospitals may be liable for a birth injury.
It is extremely important to identify all potential persons and facilities who may be responsible for a birth injury. Making sure that all such parties are named in a birth injury lawsuit is essential to making sure the injured child receives the compensation they need and deserve. The best birth injury lawyers, like those at GKT, will fully investigate who and what facilities are responsible and seek to hold them accountable.
If you believe your child has suffered a birth injury due to the medical error of a doctor, hospital, or other provider, contact GKT for a free case evaluation. Need help? Get help. Get GKT.
Who Can Bring a Birth Injury Lawsuit?
Birth injury lawsuits are most commonly brought by the injured child’s parents. Parents may bring a birth injury lawsuit to recover compensation not only on behalf of their child but on behalf of themselves as well. Parents may have their own personal claims for compensation—including compensation for lack of companionship or loss of consortium.
As a result, if you suffered a birth injury and your parents did not file a birth injury lawsuit or obtain a birth injury settlement on your behalf, you may still be entitled to compensation. Contacting a reputable birth injury lawyer is the first step to determining whether you are. The attorneys at GKT can help you.
How Long Do I Have to Sue for a Birth Injury?
A lawsuit seeking compensation for a birth injury must be filed within certain time periods. These time periods are strict and are referred to as the statute of limitations. If a birth injury lawsuit is not timely filed, the right to sue may be lost forever. The following are the statute of limitations for filing a birth injury case in a West Virginia, Ohio, and Pennsylvania.
On Behalf of Injured Child
A birth injury lawsuit brought on behalf of a child must be filed within the following time periods:
West Virginia
2 years from the date of the injury or prior to the child’s 12th birthday, whichever is longer
Ohio
1 year from the date the child is no longer a minor (i.e. 18); except if written notice of a potential claim notifies the healthcare provider or facility of a potential medical malpractice claim is served within that year, then the injured person shall have 180 days from the date of the notice
Pennsylvania
Until the injured child reaches the age of 20.
For Parental Birth Injury Claims
A birth injury lawsuit brought by a parent for his or her own personal claims must be filed within the following time periods:
Pennsylvania
2 years from the date of injury; except the two years do not begin until the injured person discovers (or should have discovered) they suffered a medical malpractice injury; however, no medical malpractice case may be brought more than 7 years from the date of the injury, regardless of whether the injured person knows or should have known about their medical malpractice injury.
These statutes of limitation are further complicated by the requirement of filing a “Notice of Claim” in West Virginia and Ohio. The Notice of Claim must be served on the doctor or other healthcare provider who has committed the medical error before these time periods have expired. The Notice of Claim must include, among other things, an expert affidavit that states the doctor or other healthcare provider did not provide services meeting the standard of care, and that his or her failure to do so caused the medical malpractice injury.
Preparing a Notice of Claim takes a significant amount of time and requires obtaining and reviewing hundreds, if not thousands, of pages of medical records. In addition, the birth injury lawyer must identify a qualified expert that is willing to provide their opinion in the case. Along with the substantial amount of time to prepare the claim, the cost of an expert can be tens of thousands of dollars. GKT advances these costs and you pay nothing until we collect compensation for you.
Navigating these time periods to file a birth injury lawsuit can be complex. If your child has suffered a birth injury—or you believe they have—it’s important to call a birth injury lawyer as soon as possible to protect your and your child’s rights. The best birth injury lawyers will take immediate action to ensure you and your child receive the compensation you need and deserve.
How is a Birth Injury Lawyer Paid?
The birth injury lawyers at GKT represent injured clients on a contingency fee basis. That means there are no upfront charges or fees of any kind. Our birth injury lawyers only collect a fee if they recover compensation on behalf of you or child. That fee is a percentage of total amount recovered and can vary depending on the particular circumstances of any given case.
Birth injury cases can be very complex and will always require the need for expert witnesses. Unfortunately, the costs of hiring an expert witness can be extremely expensive. At GKT, we front the costs for expert witnesses and other costs associated with a birth injury case. We are only reimbursed for these costs in the event our birth injury lawyers obtain compensation for you.
Our birth injury consultations are always free. Contact GKT today to schedule one.
Personal Attention for You and Your Family
The right birth injury lawyer can make all the difference in the outcome of your case. An experienced birth injury lawyer, like those at GKT, will:
- Take the time to know you and the facts of your case
- Have knowledge and experience handling different birth injuries
- Have knowledge and experience of the healthcare providers and facilities in your case
- Have knowledge and experience working with and against different medical experts
- Work diligently to gather and review all medical records and other documents
- Identify different theories of liability against different healthcare providers and facilities
- Anticipate any defenses to your birth injury case and work to overcome them
- Keep you informed at every step of the way
- Fight to obtain the compensation you deserve
At GKT, our goal is to deliver the best possible result in the quickest amount of time. Sometimes that requires the filing of a birth injury lawsuit. However, sometimes our lawyers are able to settle a birth injury case without having to file a lawsuit. Whatever the situation may be, our birth injury lawyers will diligently pursue and fight for the compensation you and your family are due after suffering a birth injury.
About Gold Khourey & Turak Birth Injury Lawyers
At GKT, our birth injury lawyers understand that our clients are often going through the most difficult and often heart-wrenching time of their lives. Our birth injury attorneys will make every effort to alleviate the pain and stress of dealing with a birth injury so you can focus on what is most important—your child’s health.
That’s why our birth injury lawyers work so hard for our clients. Our clients aren’t just a “file on the shelf”—they our friends and neighbors. Whether your child has suffered an injury in West Virginia, Ohio, or Pennsylvania, GKT’s birth injury lawyers are here to provide immediate help.
A consultation with a GKT lawyer is always free, and we do not charge a fee unless we win your case. Our birth injury lawyers are available 24 hours a day by phone or text at (304) 845-9750, or online through Live Chat or our consultation form.
