When an infant suffers a birth injury, it can have life-long consequences for the child.
The attorneys at Marchand Law Firm can help determine whether a legal claim can brought for the injuries your child sustained at birth.

What is a birth injury?

Birth injury cases in Louisiana are governed by the state’s medical malpractice laws. Birth injuries more commonly occur during the birthing process, but can also be caused by negligent care during pregnancy. Some babies are born with birth defects that develop during pregnancy and cannot be prevented. However, other birth injuries are the result of unnecessary trauma during the labor and delivery. They vary from minor injuries that are temporary and involve a short hospital stay to long-term or permanent medical conditions that require ongoing or lifetime care. Many birth injuries require costly surgeries or treatment.

The attorneys at Marchand Law Firm have extensive experience in handling these types of lawsuits and can assist in determining whether your child may have been injured due to medical malpractice.

Birth injuries may be caused by:

  • Improper forceps use
  • Improper vacuum use
  • Delay in performing cesarean section
  • Improper monitoring

Birth injuries may also stem from the following:

  • Failing to properly administer the labor-inducing drug Pitocin;
  • Failing to diagnose or treat infection, placental abruption, placenta previa, or premature rupture of the membranes
  • Insufficient communication between the doctor and support staff
  • Nurses failing to follow physician’s orders
  • Neglecting to refer high-risk patients to a maternal fetal medicine specialist
  • Failing to address changes in the condition of the fetus
  • Failing to perform sufficient prenatal testing
  • Failing to timely recognize and address fetal distress
  • Failing to properly administer the labor-inducing drug Pitocin;
  • Failing to diagnose or treat infection, placental abruption, placenta previa, or premature rupture of the membranes
  • Insufficient communication between the doctor and support staff
  • Nurses failing to follow physician’s orders
  • Neglecting to refer high-risk patients to a maternal fetal medicine specialist
  • Failing to address changes in the condition of the fetus
  • Failing to perform sufficient prenatal testing
  • Failing to timely recognize and address fetal distress

Common types of birth injuries

  • Cerebral palsy
  • Clavicle fractures
  • Brain damage or head trauma
  • Brachial plexus injuries
  • Fetal Lacerations
  • Caput Succedaneum
  • Horner’s Syndrome
  • Oxygen Deprivation
  • Seizures
  • Infant Fatality
  • Erb’s palsy
  • Klumpke’s palsy
  • Shoulder dystocia
  • Facial paralysis
  • Torticollis (wry neck)
  • Injuries Resulting from Hypoxic Ischemic Encephalopathy (HIE)

What damages can be recovered in a birth injury claim?

When a child suffers a birth injury as a result of medical negligence, the child and the child’s family may be entitled to monetary damages. These damages can cover both monetary losses and intangible losses, such as a decreased quality of life. Compensation for the following may be available in a birth injury lawsuit:

  • Expenses of future medical care, including surgery, hospitalization, medication, and physical rehabilitation such as physical therapy, speech therapy, occupational therapy
  • Additional related healthcare costs including counseling, in-home care, prosthetic devices, special vehicles or equipment, and home modifications
  • Pain and suffering
  • Disability
  • Disfigurement
  • Scarring
  • Loss of enjoyment of life
  • Loss of earning capacity
  • Loss of consortium of the parents and siblings
  • Expenses of future medical care, including surgery, hospitalization, medication, and physical rehabilitation such as physical therapy, speech therapy, occupational therapy
  • Additional related healthcare costs including counseling, in-home care, prosthetic devices, special vehicles or equipment, and home modifications
  • Pain and suffering
  • Disability
  • Disfigurement
  • Scarring
  • Loss of enjoyment of life
  • Loss of earning capacity
  • Loss of consortium of the parents and siblings

If you suspect your child has suffered a birth injury, contact Marchand Law Firm today to discuss your situation.