After your child suffers a birth injury in the State of Wisconsin, both the child and the child's mother deserve to be compensated for those injuries. The financial burden of treating these injuries, along with the pain and suffering endured because of the injuries, can pile up quickly. Injuries can be minor or severe and long-lasting. Regardless of the severity, however, the responsible doctor should be held accountable for the compensation. Whether the injury occurred during pregnancy or during delivery or labor, you are entitled to financial compensation for the injuries you and your child suffered.
If your newborn child has been harmed by medical malpractice, the highly experienced attorneys at Gilman & Bedigian are here to fight for you. You do not have to be alone in dealing with all you face.
Types of Birth Injuries in Wisconsin
Throughout the United States and in Wisconsin, injuries related to a child's birth occur at an all too frequent rate. As many as 7 out of every 1,000 births result in some type of trauma injury. As a result, over 28,000 babies are harmed every year as a result of birth injuries. These high numbers demonstrate how this is a very real and dangerous problem for mothers and babies alike.
Most birth injuries occur at one of two different times. The harm can either occur during the pregnancy or during labor or delivery. In either circumstance, the danger posed by medical negligence during these times is high, and when it occurs you may feel hopeless after dealing with an injury. Instead, you can fight for your rights and get the financial compensation to which you are entitled.
Malpractice During Pregnancy
Malpractice that causes harm during the pregnancy, before the child is born, is much less common than injuries that occur during childbirth. However, this does not make the injuries less severe when they do occur. When medical malpractice occurs during this critical time, permanent and often irreversible harm can occur to the unborn baby. Doctors have certain duties that are special to pregnant women, and failure to abide by those duties is negligence.
Common causes of injuries during the pregnancy include but are not limited to:
- Use of dangerous prescription drugs prescribed by the doctor;
- Failure to diagnose genetic risks or diseases; and
- Medical negligence during in utero medical procedures.
Medical Malpractice During Delivery or Labor
During the delivery of your newborn baby, a lot can still go wrong if the doctor or other medical staff does not follow the proper standard of medical care. Improper use of medical procedures can result in:
- broken bones;
- oxygen deprivation;
- spinal injuries; or
- fetal stress.
At Gilman & Bedigian, we specialize in winning financial compensation for our clients who have suffered at the hands of a negligent doctor. In one case, we represented the family of a boy born with cerebral palsy due to the doctor's negligent decision to delay a C-section. The young child lost his oxygen supply and was left with physical and mental disabilities. With the help of our attorneys, the family sued John Hopkins Hospital in Baltimore and won a Maryland record $55 million medical malpractice verdict.
Examples of Birth Injuries in Wisconsin
There are a great many different types of injuries that can occur to your child during pregnancy or birth, but some of the more common are as follows:
- Infant Anoxia/Hypoxia: a loss of oxygen to the baby during labor or delivery
- Cerebral palsy: a condition caused by brain damage during childbirth
- Detached placenta: a placenta that has come loose from the uterine wall
- Pediatric Hydrocephalus: a buildup of pressure in the brain due to accumulation of fluid
- Brain bleeding: damage to the soft tissue of the brain causing bleeding
- Cephalohematoma: a collection of blood underneath the protective membrane covering an infant's skull
- Shoulder dystocia: baby's shoulders become stuck in the pelvic area of the mother
- Klumpke's Palsy: a condition caused by damage to the lower 2 of 5 nerves of brachial plexus
- Brachial Plexus: damage to the nerves that connect the spinal cord to the baby's hands and arms
- Bone injuries: broken, fractured, or bruised bones often caused during labor or delivery
What Financial Compensation Can I Recover in Wisconsin?
After you or your newborn is injured as a result of medical malpractice, you are entitled to receive financial compensation for those injuries. Compensation can be in any of the following forms but is not necessarily limited to these:
- medical bills
- future medical expenses
- pain and suffering
- lost earning capacity
- loss of consortium.
Receiving this compensation can help you to get your life back on track, and recover from the injuries to you and your child. Getting the financial compensation you deserve is best done with the help of a highly experienced lawyer like those at Gilman & Bedigian. We have the experience and knowledge necessary to fight for you.
Statute of Limitations in Wisconsin Birth Injury Cases
Under Wisconsin law, there is a 3-year statute of limitations period for all medical malpractice claims, including those for birth injuries. This period begins to run on the date the injury is caused through the malpractice. Failure to file by the statute of limitations can result in dismissal of your case, even if you otherwise may have won significant financial compensation.
For those who are under the age of 18, the statute of limitations changes to 2 years following the date the child turns 18. This extends the statute of limitations period for the child's injuries significantly. However, this does not extend the time period for the child's parents, so it is critical to contact an attorney as soon after the birth of your child as possible. Otherwise, you may be significantly limited in the amount of costs you can recover. This can result in financial hardship for you, your newborn, and your family.
Compassionate Birth Injury Attorneys Representing Wisconsin
Contact Gilman & Bedigian online to get started on your case if you or a loved one has been hurt by a birth injury in Wisconsin.