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Salem Birth Injury Lawyers
Find out why we have some of the best personal injury lawyers in Salem
What is a Birth Injury?
A birth injury refers to physical harm that occurs to an infant before, during, or shortly after the process of childbirth. [1] These injuries can result from a variety of factors, including medical negligence, complications during labor and delivery, or unforeseen medical issues.
Birth injuries have become a major concern as related lawsuits keep increasing. Birth injuries contribute to 20% of the 20,000 infant deaths that occur in the U.S. annually. [2]
Has your child been a victim of a birth injury in Salem?
Contact our Salem, Oregon birth injury lawyers at Goldberg & Loren law firm today to schedule a free consultation and let us fight for the justice your child deserves.
Types of Birth Injuries
Birth injuries are unfortunate and can have long-term consequences for both the child and the family. These injuries can occur during the labor and delivery process. Some types of birth injuries include:
- Brachial Plexus Injuries: Damage to the nerves controlling the arm and hand, often resulting from shoulder dystocia during delivery.
- Cerebral Palsy: A group of disorders affecting movement and muscle coordination, often caused by brain damage during or shortly after birth.
- Erb’s Palsy: A type of brachial plexus injury affecting the upper nerves, leading to weakness or paralysis in the arm.
- Facial Nerve Injuries: Damage to facial nerves during delivery, leading to facial paralysis.
- Fractures and Bone Injuries: Fractures or injuries to the baby’s bones, especially the collarbone or arm, during delivery.
Causes of Birth Injuries
Birth injuries can occur during the labor and delivery process. Some common types of birth injuries include:
- Difficult Birth or Prolonged Labor: Prolonged labor or difficulties during the birthing process can increase the risk of injury to both the mother and the baby.
- Medical Negligence: Failures in medical care, misdiagnoses, improper use of medical instruments, or errors in administering medications can contribute to birth injuries. This can include negligence by healthcare providers such as doctors, nurses, or other medical professionals.
- Fetal Distress: Complications that affect the well-being of the baby, such as a lack of oxygen (hypoxia), can lead to birth injuries if not promptly addressed.
- Use of Assisted Delivery Devices: The use of forceps or vacuum extraction during delivery carries some risk of injury to the baby if not applied correctly.
- Infections during Pregnancy: Certain infections in the mother, if not properly managed during pregnancy, can lead to birth injuries.
Our Salem Practice Areas
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Birth Injury
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Bus Accidents
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Car Accidents
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Dog Bites
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Medical Malpractice
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Motorcycle Accidents
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Personal Injury
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Pedestrian Accidents
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Premises Liability
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Product Liability
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Slip and Falls
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Truck Accidents
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Wrongful Death
Symptoms of Birth Injuries
Birth injuries can manifest in various ways, and the symptoms can range from mild to severe. Not all symptoms indicate a birth injury, as some issues may be temporary and resolve on their own.
However, certain signs may prompt healthcare professionals to investigate further. Here are some potential symptoms of birth injuries in newborns:
- Abnormal Heart Rate
- Abnormal Posture
- Developmental Delays
- Difficulty Breathing
- Excessive Crying or Irritability
- Facial Paralysis
- Feeding Difficulties
- Inability to Close the Mouth or Eye
- Inability to Move Extremities
- Lack of Responsiveness
- Persistent Jaundice
- Seizures
Possible Compensation for Birth Injury Victims
Compensation for birth injury victims can vary based on the specific circumstances of the case, the severity of the injury, and the long-term impact on the child and family. Birth injury compensation typically aims to cover various economic and non-economic damages associated with the injury.
Possible compensation our personal injury lawyers in Salem will seek for you may include:
- Assistive Devices
- Emotional Distress
- Home Modifications
- Lifetime Care Costs
- Lost Earnings
- Medical Expenses
- Pain and Suffering
- Rehabilitation and Therapy Costs
- Special Education Expenses
- Loss of Consortium
Statute of Limitations for Birth Injuries in Salem, Oregon
The Statute of Limitations for birth injury cases in Salem, Oregon, typically falls under medical malpractice laws. Statutes of Limitations can vary based on the specific circumstances of each injury case type and may be subject to change. Therefore, it’s vital to consult with a legal professional to get the most accurate and up-to-date information.
In Oregon, the general Statute of Limitations for birth injury or personal injury lawsuits, including birth injuries, is typically two years. However, there are exceptions, such as the discovery rule, which may extend the time limit if the injury was not immediately apparent or if it was discovered later.
Why Do You Need a Salem, Oregon Birth Injury Lawyer?
If you are dealing with a birth injury case in Salem, Oregon, seeking the assistance of experienced birth injury attorneys will help your case in several ways:
- Understanding of Oregon Laws: Birth injury cases fall under medical malpractice laws, and these laws can be complex and vary by state. Our birth injury lawyers are well-versed in the specific legal requirements and regulations applicable to birth injury cases in the state.
- Medical Expertise: Birth injury cases often require a deep understanding of medical practices and standards of care. We work with medical experts to evaluate the circumstances of the case, determine if medical negligence occurred, and present a compelling case on your behalf.
- Investigation and Evidence Gathering: Our birth injury lawyers have the resources and extensive experience to conduct thorough investigations, gather relevant evidence, and consult with medical experts. This is important for building a strong case to demonstrate that the injury was a result of medical negligence.
- Negotiation Skills: Birth injury cases may involve negotiations with insurance companies or other parties. We can advocate for your rights and negotiate on your behalf to achieve a fair settlement that adequately compensates you for the damages suffered.
- Litigation Experience: In the event that a fair settlement cannot be reached, our birth injury lawyers are prepared to take the case to court. Our litigation experience allows them to present a compelling case before a judge and jury, increasing the likelihood of a favorable outcome.
Birth injuries can have a devastating effect on a child’s development and future. Our legal team of hard-hitting attorneys is positioned to fight for your cause and ensure you get the settlement you deserve. Book a free consultation today!
FAQs About Birth Injury
Birth injuries are often diagnosed based on physical examinations, medical history, and diagnostic tests such as X-rays, MRIs, or CT scans. Some conditions may be apparent immediately after birth, while others might become evident as the child grows.
Yes, both the mother and the baby can be affected by birth injuries. Maternal injuries can occur during childbirth, and complications may arise for either or both the mother and the newborn.
The legal process typically involves filing a lawsuit, discovery (gathering evidence), negotiations, and potentially a trial. Settlements may occur at various stages. Our skilled attorneys will guide you through each step.
Sources:
[1] Balest, A. L. (2023, December 6). Birth Injuries in Newborns. MSD Manual Consumer Version. https://www.msdmanuals.com/home/children-s-health-issues/general-problems-in-newborns/birth-injuries-in-newborns
[2] Birth Injury Statistics | Get Key Insights on Birth Injuries. (2023, November 18). Cerebral Palsy Guide. https://www.cerebralpalsyguide.com/birth-injury/statistics/
We fight hard for our clients who have suffered birth injuries in Salem, Oregon. Our personal injury lawyers fight for maximum compensation.
We Represent Personal Injury Victims in the Following Cities and Communities Near Salem, Oregon.
- Keizer, OR
- Hayesville, OR
- Dallas, OR
- Tigard, OR
- Woodburn, OR
- Albany, OR
- Newberg, OR
- West Linn, OR
- Canby, OR
- Wilsonville, OR
- Corvallis, OR
- Lebanon, OR
- Sherwood, OR
- Tualatin, OR
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