If medical negligence caused your infant to suffer a birth injury in Louisiana, you may be eligible to file a lawsuit against a doctor or medical facility. While no compensation can change what has happened, it can help provide for the long-term medical costs and treatments your child may need.
At Galloway Jefcoat, our compassionate birth injury lawyers in Lafayette have been fierce advocators for the injured in Louisiana for over 25 years, and we have a history of proven results. Our dedicated legal team works tirelessly every day to recover full and fair compensation in the pursuit of justice for our clients.
Not sure if you have a case? Your initial consultation is free, and there is no obligation to take legal action. If we represent you, there are no out-of-pocket costs for you to pay. We only get paid if you do.
Galloway Jefcoat. Our number one priority is to turn your wrong into right.
Call 337-984-8020 today.
What Is a Birth Injury?
In legal terms, any harm or damage that affects a newborn or mother during childbirth is considered a birth injury. These injuries can be caused by wrongful actions by healthcare providers who are involved during prenatal care or delivery.
How Do I Know If I Have a Birth Injury Case?
A knowledgeable birth injury lawyer will need to review the details of your situation to determine how your child’s birth injury occurred. This step helps us to understand any unusual complications that may have occurred during the pregnancy, labor or delivery of your child.
Proving a Birth Injury Case
Under the law, it is not enough to prove your child suffered a birth injury. As the plaintiff, you must also be able to prove the doctor or other medical professional did not meet the standard of care in some way. Even after establishing proof of malpractice, you must prove malpractice led to the injury of your child. This is a complicated and difficult task.
At Galloway Jefcoat, we have the staff and resources to fully handle your case. Our legal team is prepared to thoroughly investigate your situation and conduct extensive research for evidence that supports your claim. We also consult with medical experts as needed to provide additional insight and expert testimony that can strengthen your case.
What Is the Value of a Birth Injury Lawsuit?
The value of a birth injury lawsuit is impacted by many contributing factors, including the type and severity of your child’s birth injury, the ongoing medical costs and treatments that your child will need, and more.
If we determine your case has merit, there are multiple types of compensation you may be eligible to recover, including:
- In-home medical care for your child
- Medical testing or other diagnostic tests
- Occupational and/or physical therapy to help your child’s continued development
- Any corrective surgeries that may be required
- Overnight hospital stays
- Costs for traveling to and from medical appointments
- Speech-language therapy that may be needed as your child gets older
- Ongoing prescription medications your child may need
- Adaptive equipment, such as home accommodations, handicap-accessible vans and more
- Assistive medical devices, such as wheelchairs, prosthetics, hearing aids and more
- Emotional distress due to any resulting injuries your child has suffered
- Loss of enjoyment due to the preventable disfigurement, injuries and suffering of your child
- Reduced earnings
Contact a Lafayette birth injury attorney today.
Call 337-984-8020 for legal help.
Understanding Louisiana Damage Caps in a Birth Injury Lawsuit
Louisiana law caps damages for all medical malpractice cases, including birth injury lawsuits, at $500,000. However, this cap does not apply to the compensation you can recover for future medical costs. You can seek compensation for these costs from Louisiana’s Patient Compensation Fund.
What Types of Birth Injuries May Occur Due to Medical Negligence?
Birth injuries can take various forms, ranging from minor to severe. Some birth injuries may fully heal, but many can leave a child suffering from life-long, complicated medical conditions.
Some of the most common birth injuries include:
- Brachial plexus injuries: Damage to the nerves that control the muscles of the arm and hand, often occurring during a difficult delivery.
- Cerebral palsy: This refers to a group of disorders affecting movement and coordination, often caused by damage to the brain before, during or shortly after birth.
- Erb’s palsy: This is a type of brachial plexus injury that specifically affects the nerves in the upper arm.
- Facial nerve injuries: This refers to damage to the facial nerve during delivery, leading to facial paralysis.
- Fractures: Bone fractures may occur during delivery, such as fractures of the collarbone or arm.
- Hypoxic-ischemic encephalopathy (HIE): This is a condition where the brain doesn’t receive enough oxygen and blood, potentially leading to brain damage.
How Do Birth Injuries Occur?
While a birth injury may occur during the delivery, it could also be the result of a failure to act during a complicated pregnancy.
Common situations that may result in a birth injury include:
- Failure to properly monitor a pregnant mother and child during pre and post-care
- Misuse of birthing tools, such as forceps and vacuum extractors
- Complications while administering medications during labor
- Failure to recognize maternal or fetal distress during labor
- Failure to recognize when to perform a Cesarean section
- Anesthesia or epidural errors
- Improper physical manipulation of an infant during delivery
- Failure to meet proper care standards during pre and/or post-natal care
How Long Do I Have To File a Birth Injury Lawsuit in Louisiana?
In Louisiana, there are strict deadlines for filing a birth injury claim. These lawsuits must be filed within one year of the malpractice, which is the most limited time frame anywhere in the U.S. today. If you miss that deadline, you may lose your right to file any claim or recover any compensation for your damages. Even though birth injury cases involve minors, the statute of limitations does not change.
Due to this very short deadline, it is vital that you seek legal help as soon as you discover your child suffered a birth injury. Your attorney needs time to investigate, gather evidence and build a strong case on your behalf.
There are also state requirements your lawyer must abide by. For example, Louisiana’s Medical Malpractice Act requires medical malpractice cases to be submitted to a medical review panel before a lawyer can file a lawsuit. Our experienced attorneys can determine how the medical review panel may be likely to evaluate your claim.
How Can a Birth Injury Attorney Help My Case?
Medical negligence cases are extremely complicated. Calling an attorney sooner than later helps to ensure your legal team has sufficient time to build a strong case on your behalf.
At Galloway Jefcoat, due to the complex nature of medical negligence cases, we may need to have medical experts review your child’s medical records. We will also need to speak with witnesses and thoroughly examine other evidence in your case to determine how and when medical negligence occurred.
Call Today To Speak With Our Lafayette Birth Injury Lawyers
Substandard care can cause serious harm during the prenatal period, labor and delivery of a child. If your infant suffered a birth injury due to medical negligence, we strongly recommend seeking legal help as soon as possible.
Your initial consultation with a licensed attorney at our firm is completely free and confidential. If we determine you have a case and you choose our firm to represent you, there are no upfront costs or fees to pay.
We are just a six-minute drive from Ochsner Lafayette General Medical Center.
Galloway Jefcoat. Turning Wrong Into Right. Contact us:
337-984-8020.
Lafayette Parish