Nearly one-third of births in the nation involve some type of birth injury. While many of these are accidental or unavoidable, many others occur because of the decisions made by the doctors and nurses attending the birth. Most of the injuries are unreported, because they are temporary and cause no long-term problems.
However, some cases can cause serious birth injuries that affect the child for the rest of their life, like cerebral palsy, a disorder that can effect the areas of movement and motor control, learning, hearing, and thinking capacity. In some of these cases, parents have sued doctors and hospitals for medical malpractice after learning that misdiagnoses or improper care was the cause of their child’s birth injury.
Damage Caps
In Arizona, there are no damage caps in place for how much a family can ask a court to award them in the case of birth injury. This was seen prominently in a case in which a family was awarded 10 million dollars after the severe brain damage suffered by their son during his emergency delivery.
A delay in nursing care when the baby showed signs of distress caused injury to a particular part of the brain, resulting in a lifelong diagnosis of cerebral palsy. The child will always require a live-in caregiver for the remainder of his life. The hospital settled outside of court for the largest malpractice settlement amount to date in the history of Arizona birth injury lawsuits.
Your birth injury lawsuit attorney can help you decide how much to seek in damages. The number commonly reflects how much will be needed for the care of the child for the rest of their life, as well as the medical bills that have already been procured in the care of the child. In one 2003 case, a federal court awarded a family 29 million dollars after negligent treatment caused their child to develop cerebral palsy. After suffering from an infection for more than 12 hours, during which time the nursing staff did not react to the signs of infection, the child will need intensive care for the rest of his life.
Pursuing a Birth Injury Lawsuit in Arizona
All cases of birth injury suits must be filed within two years of the occurrence of injury. Because cerebral palsy is not always recognized or diagnosed immediately after birth, it’s important to seek a lawyer as soon as injury is suspected.
In the 2003 case that resulted in a 29-million-dollar settlement, the family did not file until after the statute of limitations had passed. The lawyers who represented them appealed the law, stating that the two-year-period ought to occur only after the family knows that the injury was a direct result of negligence or malpractice. The appeal was granted in this particular case.
A lawyer that specializes in Arizona birth injury lawsuits can direct you towards the right avenues to getting a diagnosis and filing a lawsuit before the statute of limitations is up. They may also be able to help appeal the statute of limitations if it has already passed. Investigators, witnesses, medical facilities, and doctors can all be coordinated through the law office, so that you can focus on caring for your injured child.
It’s also important to keep all records surrounding the pregnancy, birth, and pediatric care even if there has been no official diagnosis of birth injury yet. These records can prove that the injury sustained was not caused by any previous genetic conditions, or care given before the birth. With these documents, a law firm can begin the process of bringing a birth injury lawsuit before the Arizona court.
Sources:
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/
http://www.vanosteen.com/birth-injury.asp
http://www.feldmanshepherd.com/170-results-10-Million-Settlement-of-Arizona-Birth-Injury-Case.php
http://www.snyderwenner.com/cerebral-palsy/