The Brad Hendricks Law Firm
Does your baby have cerebral palsy or another injury caused by birth trauma?
Birth injury cases usually involve catastrophic injuries to babies caused by problems during labor or delivery. Inadequate oxygen to the baby may result in hypoxic brain injury and the development of cerebral palsy (CP). Excessive traction during delivery may result in nerve injuries, affecting the child’s arm and causing permanent disability (Erb’s palsy or brachial plexus injury). Labor and delivery is a critical time and improper diagnosis and management may have disastrous consequences. Since these injuries are so devastating, millions of dollars may be at stake because the damages can cover a lifetime of future medical, rehabilitation, and attendant care expense for a severely handicapped child. These cases are among the most expensive, time-consuming, and complex cases to be litigated. They are aggressively defended, difficult to settle, and difficult to win. Only experienced attorneys should handle a serious birth injury case. Brad Hendricks , Lamar Porter, and George Wise have extensive experience in litigating and settling birth injury cases. Let us seek the justice your child and your family deserves.
How a Birth Injury Attorney at The Brad Hendricks Law Firm Can Help
It is natural for parents, confronted with a baby that may have a birth injury, to hope for the best and not think of the worst. Parents are naturally optimistic and healthcare providers do not want to take away hope or paint a possible “bad case” scenario. Also, the younger the child is, the harder it is for health care providers to predict the future needs of the child. But if the future needs do not become apparent until after the statute of limitations has expired, then the right to claim important damages may have been lost—or even the right to sue at all. Attorneys must have ample time to gather records, obtain expert opinions, and take action before the statute of limitations expires and valuable rights are lost. So clearly, any indication of a birth injury needs prompt evaluation by an attorney.
What Type of Damages Can Be Claimed in a Birth Injury Case?
There are many forms of damages that can be claimed in a birth injury case. Some of them include:
Medical expenses (past and future)
Caretaking and nursing care (past and future)
Loss of earnings or loss of capacity to earn
Scarring and disfigurement
Mental and emotional anguish (past and future)
Pain and suffering (past and future)
Physical and occupational therapy expenses
Specialized educational equipment
Specialized therapy equipment
Braces and orthotic devices
Handicapped equipped vans/vehicles
Evidence of trauma is normally apparent. While trauma is sometimes unavoidable, the presence of trauma also suggests improper care. Skull fractures are generally avoidable. Hematomas under the dura of the brain (subdural hematomas) are frequently related to inappropriate trauma in the term baby.
When trauma has caused the potential for permanent injury, an attorney should be consulted; other forms of birth injury are not readily apparent to those not familiar with the medical or legal contexts of birth injuries. Most cases of cerebral palsy that have resulted from lack of oxygen during labor and delivery require analysis by trained professionals. Often, “red flags” for a lack of oxygen during labor and delivery include a baby that has low APGAR scores, requires resuscitation, who is put on a ventilator, and is generally in serious condition after delivery and requires longer than usual hospitalization.