Des Moines Birth Injury Attorney
Birth Injuries in Iowa
There are few things as exciting in the life of a parent as the birth of a child. Unfortunately, this excitement can quickly turn to horror when a parent realizes that his or her child has suffered a serious injury due to substandard medical care.
If your child was injured or died after a difficult pregnancy, labor, or delivery, you may have grounds for a birth injury claim, and LaMarca Law Group, P.C. can help. Since 1988, our firm has been representing individuals and families who have had their lives permanently altered through no fault of their own. With over 100 years of combined legal experience, our team understands the myriad challenges you face. We are ready to stand up for you and fight for the justice you deserve.
What Are Birth Injuries?
In legal terms, a “birth injury” is any injury or related condition sustained by an infant before or at the time of birth. Birth injuries are different from birth defects, which typically occur due to genetic or environmental factors outside of any person or entity’s control. Birth injuries, on the other hand, result from the negligent actions or inactions of a medical professional.
Common examples of birth injuries include:
- Brachial plexus injuries
- Brain damage
- Broken bones/fractures
- Caput succedaneum
- Cerebral palsy
- Contusions (bruising)
- Erb’s palsy
- Facial paralysis
- Hypoxic-ischemic encephalopathy (HIE)
- Nerve damage
- Oxygen deprivation
- Shoulder dystocia
- Spinal cord injuries
Birth injuries can also affect the mother and may include such injuries and complications as hemorrhaging, ruptured uterus, pelvic organ prolapse, and more. While these injuries are sometimes unavoidable, they are often caused by a medical provider’s careless or inexperienced conduct.
How Do Birth Injuries Happen?
In the simplest of terms, birth injuries are caused by medical negligence. This negligence can take many forms.
Some of the most common causes of birth injuries include:
- Failure to diagnose/treat maternal infections
- Failure to monitor infant’s vital signs
- Failure to monitor infant for signs of fetal distress
- Failure to react to signs of fetal distress
- Failure to order a timely cesarean section (C-section)
- Prolonged labor
- Misuse of assistive birth devices, such as forceps or vacuum extractors
- Forcefully pulling or twisting an infant’s head/neck when removing from the birth canal
- Failure to diagnose/treat infant conditions, such as jaundice
While some birth injuries result from unforeseen circumstances, the majority are caused by medical providers’ failure to adequately respond to changing circumstances, as well as general negligence. If you believe this may be the cause of your child’s injuries, please do not hesitate to contact our Des Moines birth injury lawyers at LaMarca Law Group, P.C. right away.
Who Is Liable for a Birth Injury?
During pregnancy, as well as labor and delivery, obstetricians, doctors, nurses, midwives, and other involved medical providers are required to provide expectant mothers and their unborn or just-born children with the proper standard of care. Failure to do so constitutes medical malpractice, and those at fault can be held legally liable.
While individuals are often liable—a delivery room doctor who failed to order an emergency C-section could be held liable if one can prove that another qualified medical provider would have ordered a C-section in the same scenario—they are not always the only liable party. Because doctors, nurses, and other medical professionals are often employed by hospitals and other facilities, it may be possible to hold the employing entity legally accountable for your or your child’s injuries.
At LaMarca Law Group, P.C., we conduct exhaustive investigations into our clients’ cases to determine what happened and, importantly, who is liable. We have helped individuals and parents of injured children file hospital negligence claims, obstetrician negligence claims, and other similar lawsuits against negligent parties—and won. We understand the stakes and are committed to doing everything in our power to recover the compensation you need to help your child get the right medical care and live as normal a life as possible.
What to Do If You Suspect You or Your Child Has Been Injured by Medical Negligence
If you believe that you or your child was the victim of medical malpractice or negligence, reach out to an experienced personal injury lawyer who can help you with the next steps. Taking on a medical provider or healthcare entity is not an easy task. It is critical that you put a powerful legal team on your side.
At LaMarca Law Group, P.C., we can help you fight to protect your rights and work to recover the maximum compensation you are owed. Our firm is always available to take your call, answer your questions, and get you started on the road to recovery. There is no obligation when you speak to our team, and we do not collect any fees unless/until we win your case.