THE IDAHO BIRTH
INJURY LAWYERS

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SOME PREVENTABLE CAUSES OF BIRTH INJURY

* While these are not the only causes of birth injury, they are very common and often result in serious injury.

COMMON BIRTH INJURIES

01

Brain Damage & CP

Brain damage is usually caused by hypoxic ischemic encephalopathy (HIE). HIE is the most common form of birth asphyxia and is due to the baby’s brain not getting enough blood flow or oxygen close to or at the time of birth. If oxygen is lacking, brain cells may die, resulting in brain damage. Brain damage causes physical and mental disabilities.

Cerebral palsy is often referred to as CP. CP is actually a class of disorders that affect the nervous system and the brain functions. Thinking, hearing, movement, seeing, and learning are activities that may be impaired.

Brachial Plexus Injuries

This is also known as Erb’s palsy. Injury to the group of main nerves in the upper arm causes the arm to be weak or paralyzed. Generally, this is caused by a difficult birth where the baby’s shoulders have trouble going past the mother’s pubic bone.

02

Seizures

Seizures are usually caused by oxygen deprivation, nerve damage, problems with brain chemistry, or high fever. Generally, you’ll see seizures in children who were injured during birth. The seizures usually appear just after birth.

03

04

Intracranial Hemorrhages

Otherwise known as brain bleeds, intracranial hemorrhages happen due to a medical error or mismanaged labor and delivery.

DAMAGES YOU MAY BE ENTITLED TO

01

Medical Expenses and/or Rehabilitation

You may be entitled to reimbursement of medical expenses for the labor and delivery, plus current and future medical expenses for treatment related to the birth injury.

You may also be reimbursed for rehabilitation, counseling, therapy, and special medical equipment costs.

Suffering

You may receive a measure of comfort when compensated for emotional distress, pain, and suffering.

02

Lost Wages

You could recover wages lost due to being unable to work, since you have to care for the disabled child.

03

04

Life Care

Birth injury lawsuits may also be able to provide you with a life-care plan. This plan covers lost wages, medical expenses, adaptive equipment, in-home care, or even the costs of an institution.

HOW TO PROVE A BIRTH INJURY LAWSUIT

01

Get treatment ASAP.

Make sure your child is being treated for his or her brain injury complications. Don’t wait for a settlement to get treatment or the baby’s condition could worsen.

Hold on to all medical records.

Keep all information regarding doctors appointments and other medical needs, including copies of hospital bills.

02

Give proof of responsibility.

To have a valid medical malpractice lawsuit, you must show that the doctor or hospital was responsible for your baby’s care at the time the birth injury happened.

03

04

Provide evidence of a breach.

You must have evidence that the hospital staff, doctors, or other medical staff who caused the birth injury were not being responsible while you and your baby were under their care. You must also be able to prove that those responsible breached their duty of care.

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STATUTE OF LIMITATIONS

According to Idaho law, you must file a lawsuit within two years of your child’s injury. However, there are some special cases.

 

A one-year countdown starts when you discover (1) a foreign object left inside your child’s body or (2) the concealment of malpractice. These exceptions only apply if you did not already have reason to suspect malpractice.