Birth Injury Attorney Phoenix
Birth injuries are a specialized area of medical malpractice in which a member of a health care team fails to provide reasonable care in circumstances that lead to the following:
- Injuries to the mother during pregnancy or delivery.
- Injuries to the child during pregnancy or delivery.
- Wrongful pregnancy, when attempts to end a pregnancy or avoid one fail.
- Wrongful birth, when a parent would have terminated a pregnancy if he or she had knowledge of a birth defect.
These claims each have specific rules about who can sue, and they often have caps for damages. A qualified Phoenix personal injury attorney can help determine if you have a birth injury case in Arizona. For more information and Frequently Asked Questions, visit our Birth Injuries FAQ page.
Injuries to an Infant or Mother
Modern medical interventions have made pregnancy and delivery safer for both mother and baby. Though rare, injuries can still occur. Here are some common examples of birth-related medical malpractice:
- Failing to adequately control blood loss from the mother post-delivery.
- Failing to monitor an infant’s oxygen saturation before, during, and after delivery.
If an infant is injured during pregnancy or delivery, the parents (or legal guardians) are the only ones who can bring suit as guardians to the infant. Like all medical malpractice cases, they may recover both special and general damages. Special damages are economic, like the cost of medical bills, while general damages cover intangible losses like pain and suffering.
For example, a doctor may fail to deliver a baby via c-section before the recommended time frame. Since the baby is premature, he or she may suffer brain damage because the lungs are unable to provide sufficient oxygen. The parents may sue for both the cost of ongoing rehabilitation (economic) and the long-term emotional consequences of growing up with a disability (general).
Arizona Wrongful Birth Claims
Wrongful birth actions are those in which parents can claim that a doctor should have warned them about debilitating birth defects. If parents had known about the consequences of these defects, they may have elected to avoid or terminate pregnancy. These claims are usually based on either negligence in ordering genetic testing before a child was conceived or failure to detect significant impairments in the early stages of pregnancy.
Parents may pursue damages of both an economic or general nature. In this case, economic damages may be for ongoing rehabilitation or educational therapies, while general damages cover emotional suffering associated with delivering or raising the child.
Wrongful Pregnancy Claims in Arizona
Parents may additionally sue for what’s known as “wrongful pregnancy.” Wrongful pregnancy occurs when a couple tries to avoid pregnancy through birth control, pregnancy testing, or abortion, but these methods fail as a direct result of provider negligence.
Unwanted pregnancy suits differ from wrongful birth suits in that the child is born healthy, but the parents may sue for the consequences of having a pregnancy they tried to avoid. Parents may sue for things like lost wages from the pregnancy and birth and medical expenses, and less commonly, pain and suffering associated from the experience.
Do You Have a Birth Injury Attorney in Phoenix, Arizona?
Birth injuries require a compassionate and expert hand. The Phoenix personal injury attorneys at Cullan & Cullan are also medical professionals, so we’re experts at identifying this specialized area of medical malpractice. Your birth injury settlement begins with a free initial consultation with our firm. A member of our legal team will consult with you and discuss the specifics of your case. If we feel it has legal merit, we’ll take it on a contingency-fee basis. This means you’ll only pay us if we recover damages for you.
We understand the unique emotional and financial consequences of birth injury cases. Let us help us with yours today. Contact us to set up your consultation.