Birthing Injuries

Home – Birthing Injuries

When Joy Turns to Heartbreak: Understanding Birth Injuries in Arizona

The birth of a child should be a joyous occasion. However, when medical professionals fail to meet the expected standard of care, preventable birth injuries can occur, causing devastating, lifelong consequences for the child and profound emotional and financial burdens for the family. At AZ Law Now Injury Attorneys, our compassionate and experienced Arizona medical malpractice attorneys are dedicated to helping families affected by birth injuries navigate the complex legal process and secure the resources needed for their child’s future.

A birth injury can transform a family’s hopes into a journey of medical treatments, therapies, and uncertainty. We understand the immense challenges you face and are here to provide the skilled legal representation you need.

What is a Birth Injury?

A birth injury is any type of harm that occurs to an infant or the mother during pregnancy, labor, delivery, or immediately after birth. While some birth injuries are unavoidable, many are the direct result of medical negligence or malpractice. This occurs when a doctor, nurse, hospital, or other healthcare provider deviates from the accepted standard of medical care, and that deviation causes injury.

Practice Areas

Let's Connect

715 Monroe Ave Buckeye, AZ 85326

(602) 654-0202

mycase@azlawnow.com

Why Choose Us

Arizona's Medical Malpractice Laws

Birth injury cases in Arizona fall under medical malpractice law, which has specific requirements:

Standard of Care

We must prove that the healthcare provider's actions fell below the accepted standard of care that a reasonably prudent healthcare provider in the same specialty would have provided under similar circumstances.

Causation

We must demonstrate that this breach of the standard of care directly caused the birth injury.

Damages

We must prove the extent of the injuries and the resulting damages.

Affidavit of Merit

In Arizona, before filing a medical malpractice lawsuit, the plaintiff's attorney must typically file an "Affidavit of Merit" from a qualified medical expert.

Common Types of Birth Injuries

Cerebral Palsy

A group of neurological disorders affecting movement, muscle tone, and posture, often caused by oxygen deprivation or trauma during birth.

Erb's Palsy / Brachial Plexus Injuries

Damage to the nerves that control the arm and hand, often occurring when an infant’s shoulder gets stuck during delivery (shoulder dystocia).

Hypoxic-Ischemic Encephalopathy (HIE)

Brain damage caused by a lack of oxygen or blood flow to the brain during labor or delivery.

Facial Nerve Palsy

Damage to the facial nerves, often from pressure during delivery, leading to loss of movement in the face

Fractures

Broken bones, such as a fractured clavicle (collarbone), often associated with difficult deliveries.

Cephalohematoma or Caput Succedaneum

Swelling or bruising on the infant’s scalp, sometimes indicating trauma.

Kernicterus

A type of brain damage caused by untreated severe newborn jaundice.

Maternal Injuries

Including perineal tears, uterine rupture, hemorrhaging, infections, and complications from anesthesia errors or improperly performed C-sections.

Causes of Preventable Birth Injuries

and baby and respond appropriately to signs of distress. Common examples of medical negligence leading to birth injuries include:

Failure to Monitor and Respond to Fetal Distress: Ignoring or misinterpreting signs on the fetal heart monitor.
Delayed or Improperly Performed Cesarean Section (C-section).
Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors.
Failure to Diagnose or Treat Maternal Infections (e.g., Group B Strep).
Failure to Manage Shoulder Dystocia Properly.
Medication Errors: Prescribing or administering the wrong drug or dosage to the mother or baby.
Anesthesia Errors.
Failure to Diagnose or Treat Conditions like Preeclampsia or Gestational Diabetes.
Inadequate Prenatal Care.
Communication Errors among the medical team.

Arizona's Medical Malpractice Laws

Birth injury cases in Arizona fall under medical malpractice law, which has specific requirements:

Standard of Care: We must prove that the healthcare provider’s actions fell below the accepted standard of care that a reasonably prudent healthcare provider in the same specialty would have provided under similar circumstances.

Causation: We must demonstrate that this breach of the standard of care directly caused the birth injury.

Damages: We must prove the extent of the injuries and the resulting damages.

Affidavit of Merit: In Arizona, before filing a medical malpractice lawsuit, the plaintiff’s attorney must typically file an “Affidavit of Merit” from a qualified medical expert. This expert must attest that there are reasonable grounds to believe negligence occurred and caused the injury (A.R.S. § 12-2603).

Protect Your Child's Future. Contact AZ Law Now Injury Attorneys Today

If your child suffered a birth injury, or if the mother was injured during childbirth, due to suspected medical negligence, please contact AZ Law Now Injury Attorneys. We are here to listen, support you, and fight for the justice and compensation your family needs to move forward.

Your Rights and Legal Options in Arizona

If you believe your child or the mother suffered a birth injury due to medical negligence in Arizona, you have the right to seek compensation through a medical malpractice lawsuit. These lawsuits aim to recover damages for:

Medical Expenses (Past and Future): Including costs for surgeries, therapies (physical, occupational, speech), assistive devices, medications, and lifelong care.
Lost Wages (for Parents): If a parent must stop working or reduce hours to care for an injured child.
Diminished Earning Capacity (for the Child): If the injury will impact the child’s ability to work in the future.
Pain and Suffering (for both Child and Mother): Compensation for physical pain, emotional distress, and mental anguish.
Loss of Enjoyment of Life.
Cost of Special Education and Home Modifications.

Statute of Limitations for Birth Injury Claims in Arizona

The statute of limitations for filing a medical malpractice lawsuit in Arizona is generally two years from the date the injury occurred or was reasonably discovered (A.R.S. § 12-542). However, for minors, the law can be more complex. Often, the statute of limitations may be tolled (paused) until the child reaches the age of 18, but it is crucial to consult with an attorney as soon as possible, as specific circumstances can affect these deadlines. Do not delay in seeking legal advice.

How AZ Law Now Injury Attorneys Can Help Your Family

Birth injury cases are among the most complex and emotionally challenging medical malpractice claims. The attorneys at AZ Law Now Injury Attorneys have the experience, resources, and compassion to guide you through this difficult time:

Free, Confidential Consultation: We offer a safe space to discuss your child’s injury and explore your legal options.
In-Depth Case Evaluation: We will meticulously review medical records with the assistance of highly qualified medical experts to determine if negligence occurred.
Access to Top Medical Experts: We work with a network of specialists to build a strong and scientifically sound case.
Aggressive Advocacy: We are prepared to negotiate forcefully with hospitals, doctors, and their insurance companies.
Trial Readiness: If a fair settlement cannot be achieved, our skilled trial lawyers will advocate for your family in court.
Focus on Your Family’s Future: Our goal is to secure the financial resources necessary to provide for your child’s lifelong needs and care.
Contingency Fee Basis: You owe no attorney fees unless we recover compensation for your family.

Uninsured/Underinsured Motorists

If you believe your insurance company is acting in bad faith, don’t let them get away with it. Contact today for a free consultation. Call us or complete our online form to learn how we can help you get the justice you deserve.