Top Rated Eugene Birth Injury Lawyers in Just One Call
Eugene Birth Injury Lawyer
Find out why we are one of the best Eugene birth injury law firms
Eugene Birth Injury Attorney
A birth injury can yield distressing results for the mother and the child. A happy family can turn into a devastated one, as such injuries can cause life-long physical and psychological trauma. If you have suffered through this, our experienced Eugene birth injury attorney can help you seek legal action.
We will not let your suffering go unanswered. Call (503) 746-8808 today for a free consultation with a birth injury lawyer.
Our Verdicts and Settlements
Settlement
A Eugene couple brought a case against a birthing center after their newborn suffered a brachial plexus injury during a vaginal delivery.
January 2024
Settlement
A Eugene family sued a local hospital after a delay in performing an emergency C-section during labor. The mother exhibited signs of fetal distress, including abnormal heart rate patterns on the monitor, but the attending obstetrician failed to act for over an hour. The child was born with severe oxygen deprivation, resulting in a diagnosis of cerebral palsy.
October 2024
Settlement
A Eugene family's infant suffered hypoxic-ischemic encephalopathy (HIE) due to inadequate fetal monitoring during a prolonged labor at a local medical facility. The nursing staff failed to report irregular fetal heart tracings to the on-call obstetrician for several hours, delaying intervention. The child sustained permanent brain damage, leading to developmental delays and seizures.
November 2024
Types of Birth Injury Cases in Eugene
Birth injuries can take various forms and result in different injuries. The specific type of birth injury you sustained can be key in investigating and gathering key evidence for your case. Therefore, this is important in a legal context.
In most cases, the following are the leading types of birth injuries:
- Brachial Plexus Injuries: These occur when the nerves that control movement and sensation in the arms and hands are damaged during childbirth. They can lead to weakness, numbness, or loss of function in the affected limb.
- Cerebral Palsy: This condition is caused by damage to the brain during or after childbirth. It can result in motor disabilities, speech problems, and cognitive impairments.
- Erb’s Palsy: It affects the nerves in a newborn’s shoulder, resulting in weakness or paralysis of the arm. It is often caused by excessive pulling or stretching of the baby’s head and neck during delivery.
- Fractures: Sometimes, the use of excessive force during delivery can lead to bone fractures in the baby, such as collarbone or arm fractures.
- Facial Paralysis: If the baby’s facial nerves are damaged during childbirth, it can result in partial or complete paralysis of the face. This condition is often temporary but may require medical intervention.
- Hypoxia or Birth Asphyxia: Oxygen deprivation during labor and delivery can lead to brain damage and other complications in the newborn. This can occur due to issues like a compressed umbilical cord, placental abruption, or excessive use of labor-inducing drugs.
- Wrongful Death: In some cases, birth injuries can be severe enough to cause the death of the newborn. This can result from medical negligence, improper use of instruments, or delays in performing necessary medical interventions.
If you have suffered any such type of birth injury, you have legal rights to fight back. Our experienced Eugene personal injury attorneys can help you with the process.
According to the Centers for Disease Control and Prevention (CDC), birth injuries occur in about 7 of every 1,000 babies born in the United States. [1]
Medical Negligence During Birth in Eugene
Medical negligence is usually the leading cause of birth injuries. This negligence can take various forms, depending on specific cases. Usually, the injuries are to the child, but they can affect the mother.
The following medical negligence may leads to birth injuries:
- Administration of Incorrect Medications: Giving incorrect medications or wrong dosages during labor and delivery can harm both the mother and baby.
- Delayed or Improper Response to Signs of Fetal Distress: Failure to monitor the baby’s heart rate, failure to recognize signs of distress, or delay in taking appropriate action can lead to brain damage or other birth injuries.
- Failure to Perform a Timely C-Section: Delay or failure to perform a necessary emergency c-section when there are complications, such as umbilical cord entrapment, placental abruption, or prolonged labor, can result in serious harm to the baby.
- Failure to Properly Handle Childbirth Complications: Medical negligence may occur if healthcare professionals fail to recognize or respond appropriately to complications like shoulder dystocia, umbilical cord prolapse, or meconium aspiration syndrome.
- Inadequate Monitoring or Failure to Respond to Maternal Complications: Negligence can occur if medical professionals fail to monitor the mother’s condition for complications such as preeclampsia, gestational diabetes, or infections, and fail to provide appropriate treatment.
- Incorrect Use of Birthing Tools: Improper use of forceps or vacuum extractors during delivery can cause serious injuries, such as skull fractures, brain damage, or nerve damage.
If you or your baby has suffered due to medical negligence, our local Eugene birth injury lawyers can help you get the compensation you deserve.
How to Prove Medical Negligence in a Eugene Birth Injury Case
Proving negligence in birth injury cases can be complicated. However, the basics of proving negligence remain the same under Oregon law. This means that we must demonstrate that the negligent parties caused the birth injuries.
Therefore, we will have to demonstrate the following:
- A Duty of Care: It must be shown that there was a doctor-patient relationship, meaning the healthcare professional had a duty to provide a certain standard of care to the patient.
- Breach of Duty: It must be demonstrated that the healthcare professional breached their duty of care by failing to meet the accepted medical standard. This is typically established by comparing the actions of the healthcare professional to what a reasonably competent healthcare professional would have done in similar circumstances.
- Causation: It must be shown that the healthcare professional’s breach of duty directly caused the harm suffered by the patient. This involves establishing a cause-and-effect relationship between the healthcare professional’s actions or omissions and the resulting injury or damages.
- Damages: It must be proven that the patient suffered actual harm or damages as a result of the healthcare professional’s negligence. This can include physical injuries, emotional distress, medical expenses, loss of income, and other related losses.
Proving medical negligence requires expert medical opinions to evaluate the care given. We will investigate and gather evidence against the liable party for you.
Table of Contents
-
Eugene Birth Injury Lawyers
-
Our Verdicts and Settlements
-
Types of Birth Injury Cases in Eugene
-
Medical Negligence During Birth in Eugene
-
How to Prove Medical Negligence in a Eugene Birth Injury Case
-
What Third-party Negligence Can Contribute to a Eugene Birth Injury?
-
Types of Compensation Available For a Eugene Birth Injury
-
Statute of Limitations for Birth Injuries in Oregon
-
Eugene Resources
-
What Our Clients Are Saying About Us - Client Reviews
-
Get a Free Consultation From an Eugene Birth Injury Attorney
-
FAQs
What Third-party Negligence Can Contribute to a Eugene Birth Injury?
The liability of a birth injury usually falls upon the medical professionals immediately in charge of the situation. This may include various medical personnel, including doctors, surgeons, etc. However, other parties may be equally liable.
Third parties that may be liable for birth injuries can include:
- Individual Healthcare Providers: This can include doctors, nurses, midwives, anesthesiologists, or any other medical professionals involved in the birthing process. If it can be demonstrated that they failed to provide the standard level of care, resulting in harm to the baby, they may be held individually liable.
- Medical Equipment Manufacturers: If it can be proven that the equipment or device was inherently faulty or that the manufacturer failed to provide adequate warnings or instructions for its use, they may be held liable.
- Medical Facility or Hospital: The medical facility or hospital where the birth took place may also be held liable for the birth injury. This can include cases where the hospital failed to maintain appropriate staffing levels or provide adequate training to their staff. If the facility or hospital was aware of a staff member’s incompetence or negligence and failed to take appropriate action, they can also be held accountable.
- Pharmaceutical Companies: In some cases, birth injuries may be caused by the administration of medication or drugs during pregnancy or childbirth. If a pharmaceutical company’s drug caused harm to the baby and it can be shown that there was negligence in the development, manufacturing, or labeling of the drug, the company may be held liable.
Types of Compensation Available For a Eugene Birth Injury
You might be entitled to various compensation types after a birth injury. This depends on the seriousness of the injury, the impact on the life of the baby/mother, and the financial losses you might suffer. However, other non-economic factors can also be taken into consideration.
Therefore, you may be entitled to the following compensation types:
- Future Medical Expenses: Some birth injuries may require ongoing medical treatment, therapy, or care throughout the child’s life. Compensation may be awarded to cover the costs of these future medical expenses.
- Lost Wages: If one or both parents have had to take time off work or reduce their work hours to care for a child with a birth injury, compensation may be awarded to cover lost wages or diminished earning capacity.
- Medical Expenses: If negligence during childbirth resulted in an injury to the baby, the parents may be entitled to compensation for all medical expenses associated with the birth injury. This can include hospital bills, doctor fees, medication costs, therapy expenses, and ongoing medical care.
- Pain and Suffering: Birth injuries can result in physical pain and emotional distress for both the baby and the parents. Compensation may be awarded for the pain and suffering endured as a result of the negligence.
- Special Education and Assistive Devices: Some birth injuries may require special education services or assistive devices to help the child function and participate in everyday activities. Compensation may be available to cover the costs of these educational and assistive resources.
Statute of Limitations for Birth Injuries in Oregon
The Statute of Limitations requires the plaintiff to file a legal claim within a specific timeline. For personal injury cases, including birth injuries, Oregon grants you two years to file a claim from the date of the accident or injury due to medical malpractice. ORS § 30.905/ORS 012
When birth injuries prove to be fatal, the family will have three years to file a wrongful death claim. ORS 30.020
Eugene Resources
Nearest Emergency Room and Urgent Care:
Birth injuries may require medical care and immediate treatment. Our clients in Eugene recommend the following nearby options.
McKenzie Medical Center – Springfield
541-726-4400
1460 G St, Springfield, OR 97477
BestMed Urgent Care
458-215-2311
4040 W 11th Ave Suite B, Eugene, OR 97402
*Note: Goldberg & Loren does not endorse these hospitals or emergency rooms. These are suggestions made by our clients in the area.
What Our Clients Are Saying About Us - Client Reviews
Get a Free Consultation From an Eugene Birth Injury Attorney
Our legal team is available to answer your questions about a potential birth injury claim 24/7. We offer in-person and online appointments. Our local Eugene birth injury lawyers have the experience and know-how to pursue damages fo your claim. Contact us today for a free consultation.
Frequently Asked Questions (FAQs)
A capable birth injury attorney can help you seek legal ramifications against the responsible party for your birth injury. They can also provide assistance with gathering evidence and enlisting expert witnesses to back up your claim.
Medical reports and records are necessary evidence in birth injury claims. Most birth injury cases can also benefit from providing medical professionals' testimonies.
Medical negligence in a birth injury case occurs when a medical professional takes actions or neglects actions which lead to injuries to a child or mother during childbirth.
Expert testimonies can be vital in proving medical negligence in birth injury lawsuits. According to ORS 40.410, an "expert witness may provide opinion on legal questions" regarding the case.
Source:
[1] Cerebral Palsy Guide. (2024, July 12). Birth injury Statistics | Get key insights on birth injuries. https://www.cerebralpalsyguide.com/birth-injury/statistics/
Goldberg & Loren
Phone: (503) 746-8808
If you or a loved one have suffered a birth injury due to a medical team's negligence, contact our firm today. We have the experience to get you the settlement you and your family deserve.
We Represent Those Who Have Experienced a Birth Injury in the Following Cities and Communities Near Eugene, Oregon.
- College Hill, OR
- Fairmount, OR
- Friendly Area, OR
- Harlow, WA
- Southeast Eugene
- Southwest Eugene
- Fox Hollow, WA
- North Gillman, OR
Have Questions About Your Case? Call Us Today:
