Boise Birth Injury Lawyers
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Contact the Hepworth Holzer team today to schedule a free legal consultation to discuss your personal injury case.
Our Idaho Personal Injury Lawyers
Defining Birth Injuries
Unlike other types of personal injury cases, like auto accidents, it is not always immediately apparent that there was some wrongdoing with a birth injury. You may not recognize that there is a birth injury until potentially weeks, months and sometimes years after the baby is born.
You may not realize that your child’s disability was linked to the negligence of the doctor delivering the baby all that time ago but you still deserve justice.
Birth injury cases are brought by Boise birth injury lawyers against the doctors or nurses who are found liable for the harm done to the baby. The case is filed in court and your lawyer gets to work building a strong case. This includes gathering evidence and talking to witnesses, if there were any, and looking at your medical records. We use this information to fight for your rights.
Determining if the Birth Injury Could Have Been Prevented
We recognize that every case is going to vary from the next but what every true birth injury case has in common is that they could have been avoided with proper care.
Doctors and nurses have to go through years of training and they should know better. If we can prove that they acted in a way that was negligent and other doctors who followed a standard of care would have acted differently, we can firmly say they caused your baby harm. This is medical malpractice and your Boise birth injury lawyers will fight for your justice.
How Birth Injuries Are Medical Malpractice
Not every mistake that the doctors make is going to be considered medical malpractice. Malpractice is when a medical care professional fails to care for their patients in a way that is conducive to a standard of care and, as a result, causes harm.
Here are some examples specifically for birth injury:
- Infections going undiagnosed in the mother while pregnant
- Excessive force during delivery causing injuries like erb’s palsy
- Medications given improperly
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Get our FREE guide and find out how you can protect your rights with Hepworth Holzer, LLPHow Our Boise Birth Injury Lawyers Can Help You
If you want to bring a birth injury claim you are likely wondering what Boise birth injury lawyers can do to help you.
You should hire a lawyer as soon as possible to get the help you deserve. These cases are complicated, so it takes the stress off of you when you have a lawyer who already knows how these cases work and takes on the tough parts for you. They will know how to handle the obstacles on the path to getting compensation.
Here is what compensation helps with:
- The medical bills for treatments, surgeries, meds, etc.
- Services for at home care
- Rehab and therapy costs
- Pain and suffering/ emotional damages
Call our office right away to set up a free consultation.
Common Types of Birth Injuries
The following is some of the most commonly seen types of injuries during birth:
- Cerebral palsy
- Erb’s palsy
- Brain damage
The CDC reported that cerebral palsy happens when a baby gets brain damaged either during, before or after delivery. If there is a drop in oxygen in the baby and the brain does not get enough oxygen, then there can be brain damage. There also may be brain damage from trauma or a brain bleed. Right now, there is nothing that cures cerebral palsy but there are treatments designed to improve the symptoms.
Erb’s Palsy happens to babies who are stuck while the mother is in active labor. Getting stuck can cause them to have nerve damage. Sometimes that means there is paralysis or weakness to their extremities. A baby can suffer Erb’s palsy if their delivering doctor uses excessive force during the process. Erb’s palsy can be treated over months or years but not every child recovers.
Brain damage is a common birth injury because they are so delicate and fragile.
Call Our Boise Birth Injury Lawyers Today for a Free Initial Consultation
Has your child suffered because of an injury that could have been avoided during birth? This is a heartbreaking thing to have to go through. Don’t do it alone. We want to support you through this and fight for your rights to get the justice you deserve. Don’t hesitate. Call our Boise birth injury lawyers today to set up a free first consultation. We are ready to fight for you!
Frequently Asked Questions About Boise Birth Injury Lawyers
A birth injury is any type of harm to a baby or mother that occurs during pregnancy, labor, delivery, or the immediate postpartum period. A ‘compensable’ birth injury is one that was caused by the preventable negligence or a mistake by a doctor, nurse, or hospital, rather than an unavoidable medical complication.
Determining if a condition like cerebral palsy or a developmental delay was caused by malpractice requires a thorough investigation. Our attorneys, working with top-tier medical experts like obstetricians and pediatric neurologists, will review all medical records and fetal monitoring strips to see if the medical team deviated from the standard of care, such as by failing to respond to fetal distress.
Hypoxic Ischemic Encephalopathy (HIE) is a type of brain damage that occurs when a baby’s brain does not receive enough oxygen and blood flow for a period of time. It is a leading cause of cerebral palsy and other severe neurological impairments and is often preventable with proper fetal monitoring and a timely C-section.
Erb’s Palsy is an injury to the brachial plexus, a network of nerves near the neck that controls the arm. It typically occurs during a difficult delivery when a baby’s shoulder gets stuck behind the mother’s pelvic bone (shoulder dystocia). If the doctor applies excessive force or traction, these nerves can be stretched or torn, leading to weakness or paralysis of the arm.
Idaho’s statute of limitations for birth injuries is complex. While the general malpractice limit is two years, there are special extensions for minor children. However, these rules have exceptions and are subject to a mandatory pre-litigation screening panel. It is absolutely critical to speak with an experienced birth injury attorney as soon as possible to protect your child’s rights.
A life care plan is a comprehensive document created by medical and financial experts that outlines all of the future medical needs and associated costs for a child with a permanent birth injury. This includes therapies, assistive devices, medications, home modifications, and special education. It is the most important tool for ensuring a settlement or verdict is large enough to provide for the child for their entire life.
We handle all birth injury cases on a contingency fee basis. This means there are no upfront costs to you. We only get paid if we win a settlement or verdict on behalf of your child. We advance all the significant costs of litigation, which can include hundreds of thousands of dollars for expert witness fees.
Yes, hiring a lawyer with specific expertise in birth injury litigation is absolutely essential. These are the most complex, expensive, and aggressively defended of all medical malpractice cases. The highly-credentialed attorneys at Hepworth Holzer have the specialized knowledge, financial resources, and access to world-class medical experts necessary to take on major hospitals and insurance companies and win the life-changing compensation your child deserves.
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