Birth Injury Attorney in Tulsa, Oklahoma
The birth of a child can be the greatest gift. However, what was supposed to be a joyous experience can quickly become a tragic event when the newborn or mother suffers a birth injury. Such injuries can be lifelong and cause physical, emotional, and financial trauma for the child and the entire family.
At the Law Offices of Jeff Martin, we understand that birth injuries can be a life-changing event. Our birth injuries attorneys in Tulsa, Oklahoma, can provide you with the legal help you need to help you fight for justice and compensation. We serve clients throughout Eastern Oklahoma, including McAlester, Muskogee, and Bartlesville.
Common Causes of Birth Injuries
Birth injuries can occur for a wide range of reasons. That’s why a thorough investigation performed by an experienced personal injury attorney is crucial to determine what exactly caused your child’s condition. Possible and common causes are:
Failing to Catch an Infection
This cause can be attributed to medical negligence on the part of medical professionals who fail to diagnose and treat maternal infections during pregnancy. An untreated infection can harm the baby’s organs or cause premature birth.
Errors While Performing a Procedure/Surgery
Improper use of tools during delivery can cause brain damage, cerebral palsy, or even death. If the attending doctor makes a mistake while performing a procedure/surgery or does not complete one in time, it can cause serious harm to the infant.
Improper Administration of Drugs
Pain relief medication administered to the mother during labor can impact the baby’s central nervous system, cause breathing problems, or even lead to a stillbirth.
Improper or Negligent Use of Tools
Birth injuries can be caused when delivery tools like forceps or vacuum extractors are not used correctly. The improper application of these tools can lead to nerve damage, fractures, and hemorrhages in the newborn.
Failing to Diagnose an Issue With the Infant
In some instances, doctors fail to diagnose and treat issues with the infant immediately after birth. This can lead to severe complications that cause long-term medical problems and disabilities.
Not Performing a C-section When Needed
In some cases, a C-section is the only solution to ensure safe delivery. Doctors who fail to perform a C-section when they should are putting the lives of the child and mother at risk. This can lead to birth injuries like cerebral palsy, physical disability, and organ damage.
Common Types of Birth Injuries
During birth injury cases, our attorneys work with medical professionals to investigate the case and identify any medical errors that occurred. We also have connections with expert witnesses who can provide testimony regarding medical standards and practices, which can help prove that medical negligence occurred in the first place.
Some of the most common types of birth injuries include (but are not limited to):
Cerebral Palsy. This is a neurological disorder that affects a child’s movement as well as muscle coordination. It is caused by damage to the brain before, during, or after birth. Children with cerebral palsy may have difficulty with basic motor skills such as crawling, walking, and sitting up. This condition can vary in severity, from mild to severe, and can have a significant impact on a child’s development.
Lack of oxygen. During delivery, if a baby is deprived of oxygen for a prolonged period, it could lead to a condition known as hypoxic-ischemic encephalopathy. This can cause brain damage and lead to cognitive issues, speech impairments, and developmental delays.
Organ damage. Injuries to internal organs during birth can lead to a range of complications. The liver, spleen, and kidneys are particularly vulnerable to damage during difficult deliveries. Organ damage can lead to long-term health problems and may require surgery or other medical interventions.
Cognitive issues. Traumatic birth events such as oxygen deprivation or head trauma during delivery can cause serious cognitive issues. These can range from attention and memory deficits to learning disabilities and developmental delays. Children with cognitive impairments may require ongoing, specialized care such as speech or occupational therapy for many years.
Broken bones. Fractures most commonly occur in the collarbone, arms, or leg bones of newborns during difficult deliveries. These can occur due to improper use of forceps or other delivery tools. Generally, these types of injuries heal on their own, but in some cases, surgical intervention may be required.
Erb’s Palsy. This condition results from damage to the brachial plexus nerves that control movement in the arms and hands. It can occur when excessive force is used during delivery or when the baby’s shoulder becomes stuck. Children with Erb's Palsy may have difficulty with fine motor skills and may require physical therapy.
Brain injuries. Trauma to the brain can occur during delivery such as when the baby’s head is compressed or twisted. Brain injuries can lead to a range of issues, including cognitive impairment or developmental delays.
Neurological injuries. This category of injuries includes a wide range of conditions such as spina bifida, seizures, or hypospadias. These conditions can be caused by genetic factors or exposure to environmental toxins during pregnancy. Treatment options vary and may require a team of specialists to provide ongoing essential care.
Proving Negligence & Recovering Damages
If you suspect your child’s injury was due to medical malpractice during childbirth, a birth injury attorney can help you achieve one of the most important elements of your injury claim: proving negligence. To prove medical negligence, you must provide evidence that the medical professionals failed to provide an acceptable level of care. Evidence can include hospital records, expert opinions, and witness testimony—among other things.
And, if your child sustained a birth injury due to medical malpractice, you may be entitled to compensation. Compensation can help cover medical bills, future medical expenses, loss of earning capacity, and various other damages your family has suffered due to the birth injury.
The available damages and the amount of compensation depends on the severity of the injury and the circumstances surrounding your case. Our results-driven team of heavy-hitter attorneys at the Law Offices of Jeff Martin can help you understand what compensation you may be eligible for and fight to get you the maximum amount you deserve.
Birth Injury Attorneys in Tulsa, Oklahoma
At the Law Offices of Jeff Martin, we understand that a birth injury can be devastating and overwhelming for everyone involved. Our birth injury attorneys in Tulsa, Oklahoma, are here to provide your family with the guidance and support you need. We will work tirelessly to help you get the compensation you deserve while holding the negligent parties accountable.