Can You Sue for Birth Injuries or Hospital Negligence?

The birth of a child should be a time of immense joy, but when medical professionals fail to uphold their duty of care, the outcome can be devastating. Families are left to cope with the emotional and financial aftermath of a preventable injury. If your family has been harmed by a medical mistake during childbirth, you are likely facing immense pain and uncertainty. It is important to know that you have rights. Pursuing legal action with a trusted birth injury lawyer can provide the resources necessary for your child’s future and hold negligent parties accountable.

Since 1957, the law firm of Domengeaux Wright Roy & Edwards has stood beside families in their most difficult moments. We understand the profound impact a birth injury has on a family. Our attorneys have helped victims of serious medical malpractice for decades, recovering millions of dollars for our clients. While no amount of money can undo the harm that was done, it can provide for a lifetime of necessary medical care, therapy, and support. We are committed to providing compassionate guidance while fighting for the maximum compensation you and your child deserve.

The Heartbreak of Preventable Birth Injuries

A birth injury is any type of harm to a baby that occurs during pregnancy, labor, or delivery. While some birth complications are unavoidable, many devastating injuries are the direct result of a healthcare provider’s negligence. This negligence can occur when a doctor, nurse, or hospital fails to adhere to the accepted standard of care, making a mistake that another competent professional in the same situation would not have made.

Common examples of medical negligence that lead to birth injuries include:

  • Failure to monitor fetal distress: Not recognizing or responding to signs that the baby is not receiving enough oxygen.
  • Improper use of delivery tools: Misuse of forceps or a vacuum extractor can cause head trauma or nerve damage.
  • Delayed C-section: Waiting too long to perform a necessary cesarean section can lead to oxygen deprivation and brain damage.
  • Medication errors: Giving the mother the wrong medication or an incorrect dosage during labor.

When these errors occur, the consequences for the child can be lifelong. Cerebral palsy, Erb’s palsy, brain damage, and developmental delays are just a few of the conditions that can result from a preventable birth injury. A skilled birth injury lawyer can investigate the circumstances of your child’s birth to determine if negligence was the cause.

What To Expect in a Medical Malpractice Case

Pursuing a medical malpractice claim is a complex process, particularly in Louisiana. These cases require a high burden of proof and significant resources to build. Having a knowledgeable legal team on your side is essential.

The first step is a thorough investigation. A skilled medical malpractice lawyer in Lafayette will gather all relevant medical records from the pregnancy, labor, and delivery. These records are then reviewed by medical professionals to determine if the standard of care was breached. If there is evidence of negligence that caused the injury, a claim is formally filed.

In Louisiana, most medical malpractice claims must first be presented to a medical review panel. This panel consists of three healthcare providers and one attorney who review the evidence and issue an opinion on whether the healthcare provider failed to meet the standard of care. While the panel’s opinion is not binding, it can significantly influence the case.

Following the panel’s decision, the case may proceed to settlement negotiations or a lawsuit. Throughout this process, your legal team will handle all communications, file all necessary documents, and build a compelling case to demonstrate the full extent of your damages. The goal of a birth injury attorney is to secure compensation to cover all past and future medical expenses, lost earning capacity for the child, and the immense pain and suffering endured by the family.

Shot down an empty hospital hallway, showing a stretcher.

Special Considerations for Maternal Injuries and Wrongful Death

Tragically, medical negligence during childbirth can also result in serious harm or death to the mother. Conditions like preeclampsia, postpartum hemorrhage, and infections can be life-threatening if not properly managed. When a mother is injured or dies due to a healthcare provider’s mistake, the family may have grounds for a medical malpractice or wrongful death claim.

These cases are incredibly sensitive and require a compassionate yet determined legal approach. A birth injury lawyer can help a grieving family seek justice and financial stability after such a devastating loss. Compensation can help cover funeral expenses, lost income the mother would have provided, and the loss of her care and companionship. Nothing can replace a mother, but holding the responsible parties accountable can provide a measure of justice for the family left behind.

Why You Need a Birth Injury Lawyer, Birth Injury Attorney

Facing a hospital and its insurance company alone is an overwhelming prospect for any family, especially one caring for an injured child. Medical institutions have powerful legal teams dedicated to minimizing their liability and paying as little as possible. They may deny any wrongdoing or argue that the injury was an unavoidable complication.

The attorneys at Domengeaux Wright Roy & Edwards have the resources and resolve to level the playing field. We have built our reputation on honest, hard work, and we are not afraid to take on powerful entities. We build compelling cases that show the total impact a medical mistake has had on our clients’ lives and their financial futures. We understand the unique challenges of these cases and are prepared to fight for the justice your family deserves.

Make the Wright Choice for Your Family’s Future

If your child suffered a birth injury or you lost a loved one due to hospital negligence, you should not have to carry the burden alone. The decisions you make now will affect your family’s future for years to come. Choosing the right lawyer is one of the most important decisions you will make.

Our firm was founded on the principle of protecting the rights of the injured. For over 65 years, we have provided outstanding service backed by a commitment to excellence. We handle these sensitive cases on a contingency fee basis, meaning you will not pay any fees unless we successfully recover compensation for you.

Contact us today to schedule a confidential consultation. Let our team of caring, dedicated lawyers review your case and explain your legal options. Make the Wright Call. Call 337-291-4878 (HURT) now.