Bringing a baby into the world is supposed to be a joyful moment. For most families, it is. However, sometimes, something goes wrong during delivery, and a baby gets hurt. These kinds of injuries can leave lasting effects, not just for the baby but for the entire family. That’s why understanding what a birth injury is, how it happens, and what your rights are in Arizona is so important. If you suspect that your child suffered an injury that fits the birth injury definition in Arizona, it is essential to know what steps you can take to get help.
What Is a Birth Injury?
A birth injury happens when a baby is physically harmed before, during, or shortly after delivery. These injuries may affect how a baby moves, breathes, or develops. Some heal over time, while others may lead to lifelong challenges.
It’s important not to confuse birth injuries with birth defects. A birth defect usually develops while the baby is still in the womb due to genetic factors or something that happened during pregnancy. A birth injury, on the other hand, usually happens because of something that went wrong during labor or delivery.
When doctors or medical staff fail to meet the medical standard of care and a baby gets hurt, that can be considered obstetric negligence. In other words, if a healthcare provider does not act the way a well-trained provider should and that mistake causes an injury, they may be held responsible.
Common Types of Birth Injuries in Arizona
Some birth injuries are more common than others. A few examples that Arizona families should know about include:
- Brachial Plexus Injury – This injury involves the group of nerves that helps control movement in the arm, hand, and shoulder. It can occur if the baby’s neck or shoulder is stretched too much during birth. One well-known form of this injury is called Erb’s palsy, which may limit the baby’s ability to move or use their arm.
- Cerebral Palsy – This condition affects muscle control and movement. It can be caused by a lack of oxygen to the baby’s brain during delivery. Some children with cerebral palsy need therapy, medication, or even lifelong care.
- Fractures and Bruising – Broken bones, especially in the collarbone or arms, can happen if the delivery is difficult or rushed.
- Facial Paralysis – This may happen if pressure is placed on a baby’s face during delivery, especially when tools like forceps are used.
- Oxygen Deprivation Injuries – If a baby does not get enough oxygen during labor and delivery, they could suffer brain damage. This kind of injury can lead to long-term developmental problems or permanent disability.
Who Can Be Held Liable for a Birth Injury in Arizona?
If a birth injury happens due to labor and delivery errors, several different parties might be responsible:
- Doctors and Delivery Room Staff – If a doctor fails to respond to fetal distress or uses delivery tools incorrectly, they may be held accountable. Using forceps or vacuum misuse during birth can lead to serious harm.
- Hospitals and Healthcare Facilities – Hospitals must make sure their staff are properly trained and that their equipment is safe. If a hospital doesn’t follow correct procedures or fails to hire qualified staff, it could share blame.
- Pharmaceutical Providers – If a medication was prescribed or given during delivery and caused harm, the pharmacy or drug manufacturer could be held liable.
When a healthcare provider’s mistake leads to injury, it may be considered medical negligence. This can lead to a malpractice lawsuit if you can prove the injury was preventable.
How Arizona Law Handles Birth Injury Claims
In Arizona, birth injury cases fall under medical malpractice law. That means there are certain rules and deadlines to follow.
One important rule is the statute of limitations in AZ. This law sets a time limit on how long you have to file a claim. For most medical malpractice cases, the limit is two years from the date of the injury or when it should have reasonably been discovered.
For birth injury cases involving children, there are special rules. The clock may not start ticking until the child turns 18, giving families more time to take legal action. However, it’s always better to act sooner, so records are fresh and evidence is easier to find.
In any medical negligence case, the person bringing the claim has the burden of proof. That means you must show that the healthcare provider made a mistake and that mistake caused the injury.
Proving Medical Negligence in a Birth Injury Case
To build a strong case, several things must be shown:
- A medical provider owed you and your child a duty of care
- The provider failed to meet the accepted medical standard
- That failure directly caused the injury
- The injury led to serious, measurable harm, like medical bills or disability
Proving medical negligence requires strong evidence. That includes medical records, delivery notes, and sometimes video or monitor readings. It often also includes testimony from other doctors who review the case and explain what should have been done differently.
Sometimes, records show that a doctor failed to act when a baby showed signs of fetal distress, or that there was a delay in ordering a C-section. These details can help prove negligence.
Compensation Available in Birth Injury Lawsuits
When a birth injury happens, the costs can be overwhelming. A lawsuit can help you recover money to cover both current and future needs. Here are some of the things a family can seek compensation for:
- Medical Costs – This includes hospital bills, surgeries, therapies, medications, and long-term care.
- Pain and Suffering – This covers the physical and emotional pain the child and family go through.
- Loss of Quality of Life – If a child is unable to walk, speak, or live independently, that loss is factored into the case.
- Long-Term Care and Rehabilitation – Some children need regular therapy, special equipment, or in-home care for years.
The goal of a birth injury lawsuit is to help the child live the fullest life possible and to give the family support during a very difficult time.
Contact Our Birth Injury Lawyer in Phoenix, AZ Today
If your child suffered a birth injury and you believe a mistake was made, you have the right to ask questions and seek answers. You also have the right to take legal action and fight for your child’s future.
Reach out to our team at Triumph Law Group to see how our birth injury lawyer in Phoenix, AZ, can help you. We’ll listen to your story, review your medical records, and explain your legal options clearly. Call 602-595-5559 today for a free consultation to get the help your family needs.
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