Wisconsin Birth Injury Lawyer
Birth injuries can be distressing, especially when caused by medical negligence during childbirth. Medical errors such as tool use, surgical procedures, prescription of medication, and delivery timeframe can lead to serious birth injuries. If your child suffered a birth injury like broken bones, nerve damage, or resultant lifelong disability like cerebral palsy or brain damage, holding the responsible doctors is essential.
In the United States, nearly 7 out of every 1,000 live births result in some kind of injury to the newborn. That means, over 28,000 babies suffer from birth injuries every year.
You have the legal right to file a birth injury lawsuit against those who failed to perform their duty of care. Our lawyers are committed to helping parents recover the financial compensation they deserve for their child’s trauma. Contact Wisconsin birth injury lawyers at the Injury Lawyer Team to schedule a free initial case evaluation.
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Contact our Wisconsin birth injury lawyers to schedule a free consultation. All confidential or sensitive information shared with your Wisconsin birth injury lawyer remains private through an attorney-client relationship.
Statistics Related to Wisconsin Birth Injury Cases
Based on March of Dimes Wisconsin Statistics, in 2021, Wisconsin witnessed 331 infant deaths before their first birthday. This means the infant mortality rate was reported at 5.4 per 1,000 live births.
In the same year, approximately 6.4% of women of childbearing age in Wisconsin lacked health insurance coverage.
In 2022, around 27.5% of newborns in Wisconsin were delivered through a Cesarean (C-Section) procedure.
Annually, out of the 10,000 babies born in Milwaukee city, an average of over 100 infants die before reaching their first birthday, according to the Wisconsin Department of Health Services, the city, and Ascension Wisconsin.
According to a Wisconsin Watch news article, a doctor delivering a child caused obstetric brachial plexus palsy by pulling on the baby’s head, leaving his right arm partially paralyzed. The baby received about $1.1 million from a jury, with $700,000 for noneconomic damages, later reduced to $410,322 by a judge due to inflation.
What are the Typical Symptoms of a Child’s Birth Injury?
A child’s birth injuries can present a range of symptoms, indicating potential physical or neurological issues.
Physical symptoms of a birth injury may include a fractured skull, seizures, dislocated shoulders, broken bones, paralysis, bruising, swelling, breathing difficulties, and eating issues.
Neurological symptoms of birth injuries may manifest as developmental delays, seizures, severe breathing problems, subconjunctival hemorrhage, or sensory and coordination issues.
Parents should remain vigilant for unusual signs like strange eye movements, lumps on the head, or uncontrollable crying, which could signify child harm.
It’s recommended to consult a pediatrician for an accurate diagnosis of a child’s injuries that happened during birth and to identify any medical malpractice.
What are the Top Causes of Birth Injuries?
For cases involving infant claims, neurological or brain damage makes up 41% of claims, shoulder injuries nearly 37% of claims, and death or stillbirths account for 34% of birth injury claims, as per the data from the Birth Injury Justice Center.
Birth injuries are often caused by complications during pregnancy and errors in medical care during childbirth. Identifying the causes behind these child injuries is important for expectant parents to ensure the safest possible delivery for their child. If your child got injured during the delivery and labor process, seek assistance from a Wisconsin birth injury lawyer.
From our decades of experience as a personal injury law firm, we can say that the top causes of child harm are:
- Failure to identify and treat underlying maternal health conditions such as diabetes, preeclampsia, or infections
- Failure to detect risky health conditions like umbilical cord issues, abnormal growth of the fetus, or genetic disorders
- Prescribing unsafe medications during pregnancy
- Mistakes made during in-utero medical procedures
- Delaying to perform an emergency C-section
- Improper implementation of medical procedures during labor
- Neglecting to ensure the well-being of both the expectant mother and the unborn child during pregnancy
- Unable to diagnose delivery complications like wrong position of the fetus, separation of the placenta from the uterus, or perinatal asphyxia
- Improper monitoring of the mother and child during delivery
- Failure to recognize fetal distress
- Uterine hyperstimulation from Pitocin or Cytotec
- Shoulder Dystocia
- Misusing or inappropriately using forceps or a vacuum extractor
In cases where a child’s birth injury occurs due to medical negligence, families should talk to a Wisconsin birth injury lawyer and seek rightful compensation.
What Types of Birth Injuries Can Occur During Childbirth?
According to the Cleveland Clinic, Erb’s palsy is one of the most common birth injuries in the United States. Nearly 12,000 babies born annually develop Erb’s palsy during the childbirth process. Several birth injuries can have lifelong consequences on the child or even disability, some of which are:
Hypoxia: A lack of oxygen to the brain during birth can lead to brain damage.
Cerebral palsy: Delayed delivery can result in cerebral palsy, a condition affecting movement and muscle coordination.
Erb’s palsy: Spinal cord injury during birth can cause Erb’s palsy, characterized by weakness or paralysis in the arm.
Shoulder dystocia: This occurs when the baby’s shoulder gets stuck in the birth canal during delivery, potentially leading to nerve damage or fractures.
Brachial plexus injury: Damage to the network of nerves near the neck can result in weakness or paralysis in the arm, known as a brachial plexus injury.
Spinal cord injuries: Trauma during birth can lead to spinal cord damage, potentially causing paralysis or impaired motor function.
Facial nerve injuries: Pressure or trauma during delivery can result in facial nerve damage, leading to facial paralysis or weakness.
Preeclampsia and HELLP syndrome: These pregnancy complications can harm the mother, leading to serious health issues.
Paralysis, infection, and nerve damage are other aftereffects caused by medical staff, having devastating effects. Unfortunately, serious medical errors during childbirth can result in the wrongful death of the child or mother.
What is the Statute of Limitations Law in Wisconsin for a Birth Injury Case?
Under Wisconsin law (Wis. Stat.§ 893.55(1), a medical malpractice lawsuit, including one involving birth injuries, is subject to a 3-year statute of limitations. This period commences on the date the malpractice causes the injury. Failure to adhere to this timeframe can lead to case dismissal, even if substantial financial compensation could have been awarded.
For minors under 18, the statute of limitations shifts to 2 years after they reach legal adulthood. However, this does not extend the timeframe for their parents. Therefore, it’s crucial to promptly seek legal counsel from experienced attorneys following your child’s birth to ensure you can pursue the compensation you and your child are entitled to.
How Our Wisconsin Birth Injury Attorneys Fight for Your Legal Rights
In your Wisconsin birth injury case, our team of compassionate birth injury attorneys will fight for your legal rights. As you focus on your child’s recovery, we handle the legal aspects of your Wisconsin birth injury case, from navigating statute of limitations deadlines to performing thorough investigations.
We proceed by investigating the underlying cause of the birth injury. We consult with medical experts, gather crucial evidence, and assess the relevant medical insurance policies. On your behalf, our Wisconsin birth injury attorney negotiates with insurance companies and hospitals, striving for fair compensation.
If necessary, our personal injury lawyers fiercely advocate for your birth injury case in court trials, ensuring your voice is heard and justice is served. With our knowledge of personal injury law and birth injury claims, you can rest assured that your family’s rights are protected.
Hire an Experienced Birth Injury Attorney to Seek Compensation
Did your child suffer a birth injury due to negligence by medical professionals or the hospital staff? Are looking to seek compensation from the responsible parties for their medical malpractice?
An experienced Wisconsin birth injury lawyer from the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, has years of experience in filing a birth injury lawsuit across Milwaukee, Wisconsin and achieving a successful outcome for victims.
Each birth injury lawyer will accept all cases on a contingency “No Win, No Fee” guarantee. This agreement ensures our clients pay no fees for legal services until our Wisconsin birth injury lawyer resolves your case through a negotiated settlement or jury award.
Contact us today at (888) 424-5757 to schedule a free case evaluation. We can assist you in seeking the financial compensation you deserve for your child’s injury.