The pain of a birth injury is real.

No words can describe the feeling that comes from having a healthy pregnancy and a healthy baby in the womb, only to have your baby be injured during delivery due to medical negligence or malpractice.

Suddenly, your life changes as you realize that the child that you love with all your heart may require lifelong care because of cerebral palsy or another birth injury.

Infants are helpless and fragile, and the utmost care must be taken to deliver the baby safely. However, delivery isn’t exactly gentle, and many things can go wrong that will cause the baby to show signs of distress. Medical providers are trained to monitor these signs of distress and adjust the strategy accordingly. For instance, what was planned to be a vaginal birth can quickly prove to be a case where the doctor needs to perform a C-section instead.

Unfortunately, medical providers don’t always make the right decision in cases like these. It’s one thing if they were acting according the knowledge that they had to do everything available in the baby’s and the mother’s best interest. However, this isn’t always the case.

Sometimes, a birth injury occurs because the medical provider was being negligent in their duties, ignoring key signs that they should have acted, choosing convenience rather than the right thing, and failing to act in the best interest of the child and the mother. When that happens–when the birth injury is caused by negligence–that’s when you may have a legal case.

No amount of money can undo the damage that was done to your child or the pain and suffering caused to your heart as a parent. However, a settlement can help you to provide the care and treatment that your child needs to have in order to recover or lead the highest-possible quality of life.

Contact our birth injury lawyers in Tulsa if your child suffered an injury at birth.

Birth Injury Statistics

In a report issued by the Healthcare Cost and Utilization Project (HCUP), it was noted that in 2006, there were over 157,000 injuries to newborns and their mothers that were potentially avoidable. An interesting fact is that out of these injuries, it did not matter what financial background the mother came from; the rate was consistent among both the wealthiest and poorest communities.

Considered a form of medical malpractice—which is defined is defined as any health care professional providing a level of care lower than the standard for the given position and situation—a birth injury can have serious consequences for both the mother and the newborn child, often creating life-changing after-effects for all involved.

If your child has suffered a birth injury due to the actions or negligence of a medical professional, you may be able to file a birth injury lawsuit and recover compensation for damages and any additional medical care costs that may be required in the future.

At The Edwards Law Firm, our birth injury lawyers have many years of experience and charge no upfront costs to handle your birth injury lawsuit. For more information and your free case review, call us today at 888-600-9836.

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Causes of Birth Injuries

A birth injury is typically caused by any kind of medical malpractice during the birthing process. This includes incidents before, during and after the delivery of the infant.

Often referred to as delivery room negligence, the most common causes of birth injury include:

  • Overly aggressive force during delivery.
  • Waiting too long to perform a C-section, even though the baby is clearly in distress.
  • Failing to seek necessary help of an obstetrician if the birth is being performed by a midwife.
  • Poor intubation of baby, resulting in hypoxia.
  • Insufficient prenatal testing which leads to delivery complications.

It’s important to note that birth injuries can also occur naturally. These types of injuries generally occur during vaginal or abdominal operative deliveries and are caused by a lack of oxygen or mechanical trauma.

  • Lack of Oxygen Injuries – These types of injuries happen when there is a stoppage in the oxygen supply to the infant. This can be caused by a squeezed or tangled umbilical cord or by asphyxiation on the fetus’s own fecal matter.
  • Mechanical Trauma Injuries – Mechanical trauma injuries usually occur because the baby assumes an unnatural position during childbirth or because the baby is too large to pass through the birth canal.

These obstetrical traumas generally tend to decrease as women age. However, depending on the procedure, the age of the mother can make a big difference in the likelihood of birth trauma.

For vaginal delivery without instrument (NOT using medical instruments to assist during the birth process), women between the ages of 15 to 17 years were most likely to suffer a birth trauma (approximately 48 deliveries per 1,000).

By comparison, for deliveries WITH instrument (using medical instruments to assist during childbirth), women between the ages of 25 to 34 years old were the most susceptible to suffering a birth-related trauma (approximately 193 deliveries per 1,000).

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Types of Birth Injuries

Unfortunately, birth injuries can cause disabilities that may last a lifetime.

Some typical kinds of birth injuries include:

Erbs Palsy
Cerebral Palsy
Shoulder Dystocia
Brachial Plexus Damage
Oxygen Deprivation
Dejerine-Klumpke Palsy
Bone Fractures
Mental Retardation
Spinal Cord Injury
Brain Damage
Internal Bleeding
Lexapro Birth Defects
Paxil Birth Defects
Proton Pump Inhibitors Birth Defects
Proton Pump Inhibitors Bone Fractures
Prozac Birth Defects
Shoulder Dystocia
Zoloft Birth Defects

In many cases, the costs of hospitalization and continued medical treatment can be crushing for the families involved. Remedial therapies, medication, home services and other costs can often be simply unaffordable for those who have been affected due to the negligence of another person.

At the Edwards Law Firm, we STRONGLY believe that people and companies need to be held liable and accountable for their mistakes. With a hard-won history of fighting for the rights of the individual – not large corporations and companies – our skilled team of lawyers has the desire and determination to fight for your MAXIMUM compensation benefits.

Oklahoma Birth Injury Lawsuits

Being the parent of a newborn is hard enough. Add a birth injury on top of that and you are in an experience that might be the most scary, overwhelming time of your life. You may be wondering how you are going to survive for the next few years, and it may be the last thing on your mind to begin to navigate the legal system in addition to everything that’s going on.

What you do know is that it’s going to require long-term care resources to make sure that your child is ok, and it sure would help if all of those resources didn’t have to come out of your own pocket. It’s only natural to be apprehensive at the word “lawsuit,” especially if you’ve never had any experience with lawyers before. However, if the medical providers are at fault for your child’s injury, involving a lawyer could be the best decision you ever made.

At the Edwards Law Firm, we are not only 100% committed to fighting for justice for our clients; we are also very good at minimizing the hassle to you. We take the burden of your case off of your shoulders and put it on our shoulders.

Here’s an example. Think about how it feels to wait on hold with your insurance company, getting the runaround and being transferred to 12 different people, none of whom have the ability to help you. Then think about the power of stepping back and saying to them, “OK, I’ll just have my lawyer talk to you.” Not only does that take a load off your shoulders, it actually gets your insurance company’s attention and gets you somewhere.

When the birth injury attorneys at the Edwards Law Firm take your case, we make it as easy as possible for you to navigate the legal process. You don’t have to blaze your own trail through the jungle of legalese. You simply have to involve our counsel and then let us guide you step-by-step through the phases of the process. Everyone’s case looks different, but we’ve been down this road a lot more times than you have.

We are committed to making sure that you can come to the end of your case and say, “Hey, that wasn’t nearly as hard as I was expecting it to be. My lawyer did all the hard work.” Don’t allow yourself to be daunted by the word “lawsuit”—instead, realize that a lawsuit may be the very thing that sets you free to care for your child in the most effective possible way. Contact us today to tell us about your case.

About the Oklahoma Statute of Limitations for Birth Injury

The Statute of Limitations is a fancy way of saying that you have a time limit to file your birth injury claim. Once that deadline has passed, the court won’t accept your case, no matter how valid it would have been. Therefore, it’s important to file as soon as possible.

Not all birth injuries show symptoms right away. Some of them may take months or years for the parents to receive a correct diagnosis. Therefore, the statute of limitations in Oklahoma gives patients a longer period of time to file a case regarding birth injury.

For children who are under 12 years of age, the statute of limitations in Oklahoma gives you 7 years from the date of the injury to file a medical malpractice claim. When you’re talking about a birth injury, the date of the injury was at birth, meaning that you would have until the child’s 7th birthday to file a claim.

(For a medical malpractice injury that happened to your child after their birth, our personal injury attorneys can still help! The statute of limitations would still apply, but the seven years would start counting the day the injury happened. For children who are older than 12, you have until their 19th birthday to file.)

With that being said, don’t wait until the time is almost up. Your birth injury case may overlap with other actionable cases, such as wrongful death, where the statute of limitations is shorter (only two years). If you file as early as possible, your lawyer may see a way to sue for more than one thing in order to recover the maximum compensation.

Recovering Damages For Birth Injury

Our lawyers have a winning track record, but no one can guarantee that you will win your case and recover damages. Past results do not guarantee future results, and each legal case is subject to human interpretation, skill in arguing the law, and the availability of evidence. However, our attorneys are experienced in these cases and committed to fighting aggressively for justice and for our clients’ maximum compensation.

If your child was injured at birth due to negligence or medical malpractice, you may be entitled to claim various types of compensation. Here are the main categories of damages that you can claim on behalf of your child after a birth injury.

Economic damages

This is money that you are awarded because of the financial cost to you and your child because of the birth injury. There are many different categories of economic damages, and they will vary depending on the circumstances and the severity of the injury. The amount of economic damages you can recover is often a very specific dollar amount determined by adding up all the amounts that you have spent and estimating the costs that you will incur in the future.

  • Medical bills, physical therapy, medications, medical equipment, etc.
  • Fees for caregivers
  • Financial support for your child’s livelihood
  • Estimated value of future wages your child would have earned

Noneconomic damages

There are certain things that no one can place a dollar value on. However, your lawyer can argue for you and/or your child to be awarded a sum of money for items like lifelong pain and suffering. The amount of noneconomic damages is up to the court to decide, but it is generally limited by Oklahoma law to a maximum of $300,000.

Punitive damages

In the event that your medical provider purposely cause an injury to your child, you can also demand punitive damages. Punitive damages only apply when an act was committed intentionally, and it serves to deter anyone else in the future from doing the same thing to another patient. The amount of punitive damages is up to the court to decide, but it is typically limited by law to $100,000.

Since every case is different, the only way to know approximately how much your case would be worth is to contact our birth injury lawyers and ask for a FREE case review.

Contingency-Basis Fees & Charges

As responsible and contributing members to our local communities, we feel that everyone should have access to complete legal counsel. With that in mind, our attorneys work on a contingency-only basis. What that means is that we do NOT charge you for our fees and services unless we win a settlement or verdict for you.

For those who are unsure if they have a case, we also provide a 100% FREE initial case review. This allows potential clients to send us the details of their injuries, which our legal team will carefully review and then determine if there are grounds to file a lawsuit.

If so, we will then advise on the best way to move forward with the litigation.

Contact Our Oklahoma Birth Injury Lawyers Today

If you believe that your child has suffered a birth injury caused by Oklahoma medical negligence, it is important to have an experienced medical malpractice lawyer by your side. In order to be awarded compensation for your child’s injury, you must show proof of negligence on behalf of the medical professionals.

With over 50 years of combined legal experience and $100 MILLION in successful verdicts and settlements for our clients, our experienced birth injury lawyers have the ability to successfully prepare and present the facts of your case to ensure that you receive fair compensation for your injuries.

To find out more, please call us on 888-600-9836. A member from our intake staff will collect some information about your case, and then quickly refer you to one of our attorneys to discuss the merits of your potential lawsuit.