Birth Injury Lawsuits: Common Causes and Legal Options in Alabama

Baxley Maniscalco Injury Attorneys

Newborn baby's tiny hand grasping mother's index finger, symbolizing trust and the precious bond between parent and child.

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A birth injury is any harm that occurs to a baby before, during, or immediately after the birthing process. While some birth injuries are unavoidable, others result from medical negligence or malpractice.

Understanding the difference is crucial when considering legal action. This knowledge forms the foundation for exploring your legal options and rights.

Here, our Alabama birth injury attorneys will provide you with essential information about common causes of birth injuries, your legal options, and how to navigate the complex process of seeking justice and compensation in Alabama.

Common Causes of Birth Injuries

Birth injuries can arise from various circumstances, and identifying the cause is crucial for building a strong legal case.

Let’s examine some of the most common causes of birth injuries:

Oxygen Deprivation:

Causes: Umbilical cord complications, placental abruption, or delayed cesarean section

Potential outcomes: Cerebral palsy, brain damage, or developmental delays

Physical Trauma:

Causes: Improper use of forceps or vacuum extractors, rough handling during delivery

Potential outcomes: Fractures, nerve damage, or facial paralysis

Medication Errors:

Causes: Incorrect dosage or type of medication administered to the mother

Potential outcomes: Fetal distress, allergic reactions, or developmental issues

Failure to Monitor:

Causes: Inadequate fetal monitoring during labor and delivery

Potential outcomes: Undetected fetal distress leading to various complications

Delayed Cesarean Section:

Causes: Failure to recognize the need for an emergency C-section

Potential outcomes: Oxygen deprivation, physical trauma, or stillbirth

Infections:

Causes: Undiagnosed or untreated maternal infections

Potential outcomes: Meningitis, sepsis, or long-term health issues

Gestational Diabetes Mismanagement:

Causes: Failure to diagnose or properly manage maternal diabetes

Potential outcomes: Macrosomia, hypoglycemia, or birth defects

Understanding these common causes can help you identify potential negligence in your case. If you suspect any of these factors contributed to your child’s birth injury, it may be time to explore your legal options.

Legal Options for Birth Injury Cases in Alabama

When faced with a birth injury, families in Alabama have several legal avenues to pursue justice and compensation.

Here are the primary legal options available:

Medical Malpractice Lawsuits:

Definition: Legal action taken against healthcare providers for negligence

Requirements: Proving that the provider’s care fell below the accepted standard and directly caused the injury

Time limits: In Alabama, you generally have two years from the date of injury to file a lawsuit

Birth Injury Compensation Claims:

Purpose: Seeking financial compensation for medical expenses, ongoing care, and other damages

Types of compensation: Economic (medical bills, lost wages) and non-economic (pain and suffering, loss of quality of life)

Wrongful Death Claims:

Applicability: In cases where a birth injury results in the death of the infant

Alabama-specific rules: Only a personal representative of the deceased child’s estate can file a wrongful death claim

Settlements:

Definition: Resolving the case out of court through negotiation

Benefits: Often faster and less stressful than going to trial

Considerations: Ensuring the settlement adequately covers long-term needs

Each of these options has its own advantages and considerations. Consulting with an experienced birth injury attorney can help you determine the best course of action for your specific situation.

Navigating the Legal Process in Alabama:

Understanding the legal process is crucial for families considering a birth injury lawsuit in Alabama.

Here’s an overview of what you can expect.

Gathering Evidence:

Collect all medical records related to the pregnancy, labor, and delivery.
Obtain witness statements from family members or medical staff present during the birth.
Secure expert opinions from medical professionals.

Statute of Limitations:

The statute of limitations for birth injury lawsuits in Alabama is two years from the date of the injury or six months after its discovery and no later than the child’s eighth birthday.
Be aware of exceptions that may extend the filing deadline, such as the discovery rule.

Choosing Legal Representation:

Research attorneys experienced in birth injury cases in Alabama.
Schedule consultations to discuss your case and understand your options.

Filing the Lawsuit:

Your attorney will draft and file the complaint with the appropriate court.
The defendant (healthcare provider or hospital) will be served with the lawsuit.

Discovery Phase:

Both sides exchange information and evidence related to the case.
Depositions may be taken from witnesses and experts.

Negotiations and Mediation:

Attempts to settle the case before trial may occur.
A neutral mediator may be used to facilitate discussions.

Trial:

If a settlement isn’t reached, the case proceeds to trial.
Both sides present evidence and arguments to a judge or jury.

Verdict and Potential Appeals:

The court decides on liability and damages.
Either party may appeal the decision if there are grounds to do so.

Navigating this process can be complex, but with the right legal guidance, you can effectively pursue justice for your child. Remember, each step is crucial in building a strong case and achieving a favorable outcome.

Frequently Asked Questions

To help address common concerns, we’ve compiled a list of frequently asked questions about birth injury lawsuits in Alabama.

Here are some of the most common inquiries we receive.

How Do I Know If My Child’s Birth Injury Was Caused by Medical Negligence?

Determining medical negligence often requires expert evaluation.

Signs may include unexpected complications during birth, failure to respond to fetal distress, or improper use of medical equipment. Consulting with a specialized attorney can help assess your case.

What Types of Compensation Can I Seek in a Birth Injury Lawsuit in Alabama?

You may be eligible for compensation covering medical expenses, future care costs, lost wages (if a parent must leave work to care for the child), pain and suffering, and loss of quality of life.

In wrongful death cases, damages may be punitive in nature under Alabama law.

How Long Do I Have to File a Birth Injury Lawsuit in Alabama?

Generally, you have two years from the date of injury to file a lawsuit. However, there are exceptions, such as when the injury isn’t immediately discoverable. It’s crucial to consult an attorney as soon as possible to ensure you don’t miss important deadlines.

Can I Still File a Lawsuit If I Signed a Consent Form Before the Birth?

Yes, you may still have a case. Consent forms don’t absolve healthcare providers of their duty to provide competent care. If negligence occurred, you might still have grounds for a lawsuit.

How Are Birth Injury Cases Typically Proven in Court?

These cases often rely on expert testimony to establish the standard of care and how it was breached. Medical records, witness statements, and sometimes computer simulations of the birth may be used as evidence.

What If the Hospital Offers a Settlement? Should I Accept It?

It’s advisable to consult with an attorney before accepting any settlement offer. Early offers may not adequately cover long-term care needs. An experienced lawyer can help evaluate whether the offer is fair and negotiate for a better settlement if necessary.

How Long Do Birth Injury Lawsuits Typically Take in Alabama?

The duration can vary significantly, from several months to several years, depending on the complexity of the case and whether it goes to trial. Your attorney can provide a more specific timeline based on the details of your situation.

What If I Can’t Afford an Attorney for a Birth Injury Case?

Similar to personal injury attorneys, many birth injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows families to pursue justice regardless of their financial situation.