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Birth Injury Lawsuit

Personal injury attorneys helping victims of birth injury malpractice hold responsible medical personnel liable for negligence, in Lewiston, Auburn, Bangor, and Portland, Maine.

Maine courthouseIf you are a parent reeling in the aftermath of your child’s tragic birth injury, filing a medical malpractice lawsuit may be the furthest thing from your mind. However, a birth injury lawsuit can not only win justice and hold wrongdoers responsible, but often provides victims and families with a sense of closure at the end of a long, emotional ordeal.

If your child has suffered harm due to preventable errors or omissions on the part of healthcare personnel, we encourage you to contact a Maine birth injury lawyer at Hardy, Wolf & Downing right away.

Find a Portland, ME birth injury lawyer you can trust

The Maine medical malpractice attorneys of Hardy, Wolf & Downing have over 35 years of experience successfully representing injury victims in Portland, Lewiston, Bangor, and elsewhere in Maine. We have access to extensive resources during the discovery process, as well as an understanding of complex medical evidence. If your birth injury lawsuit requires the input of an expert witness (e.g., an obstetrician or labor and delivery expert), we maintain a trusted list of medical professionals to help support your claim.

We offer steadfast and compassionate legal advocacy, realizing that birth injury litigation is a highly-sensitive and emotionally-charged area of the law. We also understand that many parents are hesitant about “dragging out” the experience by filing a lawsuit. As birth injury lawsuit professionals, we can commiserate with your hesitation and encourage you to schedule a no-stress, no-obligation consultation about your claim, during which we can help you determine the best course of action for your case.

Benefits of filing a birth injury lawsuit in Maine

One of the first questions we receive from potential birth injury clients is why should I file a lawsuit?

A birth injury lawsuit will obviously not correct the physical harm caused to your child. However, a successful lawsuit may mean total payment of any associated medical expenses, reimbursement for your lost time at work and repayment for any expenses related to the experience. In many cases, you may also be able to recover additional damages for the pain and suffering or mental anguish the birth injury experience has caused you and your family.

In some cases, families have been able to recover punitive damages from a doctor or hospital facility that acted with extreme negligence and total disregard for the risks imposed on the patient. Punitive damages are only available in certain limited circumstances.

Overall, filing a birth injury lawsuit can mean financial freedom from the burden of the medical bills and expenses incurred treating your child’s injury. If your child is left totally disabled or will need lifetime care, you may be able to receive compensation for this expense as well.

Actionable birth injuries

There are a wide range of birth injuries that give rise to litigation. Keep in mind, however, a doctor or hospital can only incur liability if your child’s birth injury was the result of negligence and medical malpractice. This is a highly-nuanced area of the law, but injured patients can generally recover damages if the doctor’s actions or misconduct were a deviation from standard, accepted protocol in the medical community and, as a result of the misconduct, the child was injured.

As you can likely imagine, determining what is standard in the medical community often requires testimony from expert medical witnesses who provide the court with an explanation of what they would have done given an identical circumstance.

Birth injuries most often take place as a result of an unsupervised or minimally-supervised labor and delivery. Babies who linger in the birth canal for too long or experience a long bout with fetal distress are much more likely to develop a birth injury that those whose birthing process was relatively quick.

Common actionable birth injuries include:

  • Respiratory problems
  • Lack of oxygen due to undiagnosed umbilical cord compression
  • Bone fractures
  • Brain damage
  • Injuries caused by forceps or vacuum extraction
  • Hypoxic ischemic encephalopathy
  • Cerebral palsy

Other issues possibly giving rise to medical malpractice include failure to properly asses the baby’s position prior to delivery (e.g., undiagnosed breach), waiting too long to perform a Caesarian Section, or improperly administering oxytocin or painkilling medication.

While a doctor’s mistake is often to blame in many birth injury cases, some injuries are unavoidable even with the utmost of care. For instance, injuries occurring due to unforeseeable premature delivery may not be actionable, as with injuries occurring due to large birth weight or an unforeseeably difficult labor.

Each case is unique, and we encourage you to meet with a medical malpractice attorney right away to determine if your birth injury experience may warrant a lawsuit.

Learn more about filing a birth injury lawsuit in Maine

If you are ready to learn more about your options for filing a birth injury lawsuit in Maine, please contact the medical malpractice attorneys at Hardy, Wolf & Downing. We have been successfully representing Maine clients since 1976. For a free, confidential, and comprehensive consultation about your case, please contact us today: 1-800-INJURED.