Birth Injury Lawyers Serving the Portland-Vancouver and SW Washington Area
We understand that the joy of welcoming a newborn can quickly turn into sorrow if a serious birth injury occurs. Whether the injury stems from prenatal errors, mistakes during labor and delivery, or errors in newborn care, our experienced birth injury attorneys are here to help.
For over 35 years, our dedicated team at Jane Clark Legal has successfully handled medical malpractice cases, including those involving birth injuries. We specialize in representing infants, children, and parents who have been affected by birth injuries. We aggressively advocate for parents whose infant has suffered needless injury because of the negligence of medical personnel. These cases are particularly sensitive because they involve harm to a newborn baby and can have long-lasting effects on the child and their family.
Types of Birth Injuries
Hypoxic – Ischemic Encephalopathy (HIE)
Hypoxic-Ischemic Encephalopathy (HIE) is a result of oxygen deprivation. This can occur during labor and delivery and it is a leading cause of death and disability among infants. Often the severity of the disability cannot be determined until a child is a toddler, but can include developmental delay, epilepsy, cerebral palsy and cognitive impairment. This type of birth injury can be caused by obstetric negligence, including failure to recognize signs of fetal distress and failure to take steps to deliver a distressed baby sooner, for example by performing a Cesarean Section.
This is a type of neurological disorder that can occur as a result of deprivation of oxygen to a baby in the uterus either before or during the labor and delivery process. It can cause significant physical disability and speech impairment. Cerebral Palsy can result from obstetric negligence if there is a failure to recognize signs of fetal distress in utero and deliver the baby earlier. Cerebral palsy can lead to motor disabilities, muscle stiffness, impaired coordination, and other developmental challenges.
Shoulder Dystocia/ Erb’s Palsy/Brachial Plexus Injury
These injuries occur when the nerves that control movement and sensation in the arm are damaged during birth. They can happen due to excessive force, improper use of delivery tools, or negligent handling of shoulder dystocia (a situation where the baby’s shoulder gets stuck behind the mother’s pubic bone). Erb’s Palsy can result in partial or complete loss of movement and sensation in the affected arm.
Cesarean Section (C-section)
This is the surgical removal of a baby versus a vaginal delivery. Sometimes a patient will choose ahead of time to have a Caesarian section but often it is performed because the baby is showing signs of distress and needs to be delivered quickly. Failure to perform an earlier Caesarian section is a frequent allegation in birth injury medical malpractice cases.
This is where a monitor is attached to the mother’s abdomen to detect and monitor her contractions and the baby’s heartbeat. This can be used to determine if the baby is in distress and needs to be delivered sooner. For example, the baby may be experiencing compromised oxygen supply or other issues during labor and delivery and if this happens there can be changes in the baby’s heart rate, which can show up on the monitor. Failure to detect abnormalities on a fetal monitor can lead to a delay in performing an earlier delivery and may be due to obstetric malpractice.
Forceps or Vacuum Extraction
Forceps and specialized vacuums are instruments sometimes used to assist in a vaginal delivery. Incorrect use of these instruments or applying too much force when using these instruments can cause injury to a newborn, including injuries to nerves and trauma to the head and brain. These injuries can result in facial paralysis, muscle weakness, or loss of sensation in the affected areas.
A breech delivery refers to the position of the baby in the uterus where the baby’s buttocks or feet are positioned to be delivered first, instead of the head. Normally, during labor and delivery, the baby’s head is positioned to come out of the birth canal first, as it is the ideal and safest position. Breech deliveries can present challenges during labor and delivery, as the baby’s head, which is usually the largest part, is not engaged in the birth canal to help dilate and stretch the cervix. This can increase the risk of complications and potentially require additional medical interventions.
It is crucial for healthcare providers to carefully assess the individual circumstances and make decisions based on the best interest of the mother and baby, considering factors such as the type of breech presentation, the mother’s health, and the availability of skilled healthcare providers experienced in breech deliveries.
Protecting Your Child’s Future: Birth Injury Lawyers You Can Rely On
If your baby in Oregon or Washington has suffered an injury due to an obstetrical error by a medical professional, don’t hesitate to contact the experienced birth injury attorneys at Jane Clark Legal. We are here to fight for your rights and seek the justice your family deserves.
As your dedicated attorneys, our primary goal is to demonstrate, with the help of expert testimony, that the mistake made by the doctor, midwife, or nurse fell below the standard of care, and that this error likely caused injury or even death.
Handling all aspects of birth injury cases is our expertise. We will gather all necessary evidence, meticulously prepare and file all required documentation, and serve as your strong advocates during settlement negotiations or at trial. Our ultimate aim is to ensure you receive full compensation for all your losses, including past and future medical expenses, costs of future care and services, and, most importantly, damages for your child’s pain, suffering, disability, and loss of enjoyment of life resulting from the medical malpractice.
At Jane Clark Legal, we prioritize quality over quantity. We deliberately limit the number of cases we take on so that we can give undivided attention, energy, and resources to every aspect of your claim. You can trust that your case will receive the dedication it deserves.
Furthermore, we understand the financial strain that birth injuries can cause. That’s why we handle all medical malpractice claims on a contingency basis. This means that you will only be charged attorney fees if we successfully recover compensation for your losses.
Don’t face this challenging situation alone. Contact our compassionate and skilled birth injury attorneys at Jane Clark Legal today to schedule a consultation and take the first step toward seeking justice for your baby.
Take Action Today!
You’re not alone in this fight. Contact the birth injury lawyers at Jane Clark legal if your baby has sustained an obstetrical injury in Oregon or Washington.
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