Every catastrophic injury or malpractice case is unfortunate and damaging, but a preventable birth injury might be the most distressing, painful, and costly. One of the happiest moments of life suddenly becomes a tragedy; your injured baby doesn’t understand and can’t communicate; and the lifetime impacts and costs to your family could be disastrous.
All medical negligence cases are technically complex and expensive to prepare and try, but birth injury cases—or even an infant wrongful death lawsuit—up the ante. It’s not just the complexity of assembling a diverse team of medical expert witnesses in neurology or cardiovascular science or the like, but also elevating that to obstetric, neonatal, or pediatric specialists in each of those areas. And then there’s the fact that the tiny victim is helpless, and cannot speak for themselves or testify. That’s why you need an experienced birth trauma lawyer.
In addition, the potential lifetime costs of care for someone injured at birth can be astronomical, meaning medical providers and insurance companies fight birth injury lawyers at every turn and with every challenge. They see these cases as huge financial risk and simple economics, so it pays to fight long and hard. As a result, most lawyers—even great medical malpractice attorneys—can’t afford the time, effort, money, and emotional toll to prepare and try complex birth injury cases or infant wrongful death lawsuits.
At Barton Trial Attorneys we relish a good fight and we don’t shy away from holding healthcare providers accountable just because the road is long or difficult or costly. If we determine your infant was seriously injured by a negligent healthcare provider or system, we have the expertise and the resources to fight for your family and hold those responsible accountable, to help you provide the best care for your child long term and help you rebuild your life.
In 2002, our firm obtained a record Oregon verdict in an obstetrical malpractice claim. Prior to trial, the highest offer to settle the matter out of court was $250,000. When the jury returned from deliberations, they handed down an $8,455,000 verdict in Roseburg, Oregon. The verdict was not appealed by the insurance company. Our experience, combined with our resources, equals outstanding results.
Some common birth injuries or conditions:
- Cerebral palsy
- Hypoxic Ischemic Encephalopathy (HIE)
- Shoulder dystocia
- Brachial plexus injuries
- Erb’s palsy
In addition, mothers and babies are both at risk through other common types of medical negligence like: improper fetal heart monitoring, fetal distress, umbilical cord problems, misuse of forceps, misuse of vacuum extractors, premature delivery, prolonged labor, C-section injuries, and neonatal infections such as meningitis.