Medical Malpractice Causing Birth Injuries in Portland

Unexpected Outcome? Learn About Medical Malpractice Causing Birth Injuries in Portland, Oregon

 

 There are many different types of medical malpractice. One of the most devastating types is medical malpractice causing birth injuries in Portland, Oregon. Our experienced medical malpractice lawyer knows that victims and their families who suffer birth injuries due to a medical provider’s negligence may suffer serious or catastrophic harm, permanent injuries, or may even be wrongfully killed. As a result, Oregon law allows victims and their families to have certain remedies. In personal injury cases, that often means monetary compensation for birth injuries.

 

If your loved one suffered any type of birth injuries as the result of medical malpractice, call Kuhlman Law to schedule a FREE consultation. Even if you were told that your loved one’s injuries were an unavoidable consequence or complicated, get your case evaluated for free to learn more about your rights under compensation. That is because healthcare providers will almost always claim that your loved one’s injuries were not due to their medical errors – which could affect their professional license – but because of a different reason that was not their fault. Only a medical malpractice lawyer with an unbiased medical expert can review your case and determine whether you and your family were the victims of medical malpractice in Portland, Oregon.

 

What is Medical Malpractice in Oregon?

Medical malpractice refers to the negligence of a health care professional when providing or failing to provide the appropriate treatment, assessment, or intervention. There are four elements of medical malpractice that must be fulfilled in order to file a medical malpractice claim. These elements include the following:

• The health care professional had a professional duty to the patient
• There was a breach of this duty
• The breach of this duty caused the patient injury
• The injuries resulted in damages to a patient

If all four elements of medical malpractice are not fulfilled, then a claim cannot be filed.

What is a Birth Injury Under Oregon Law?

A birth injury refers to any injury that occurs just prior to delivery, during delivery, or shortly after delivery. While not all birth injuries are caused by medical malpractice, often times the birth injuries are preventable. Unfortunately, far too often birth injuries can have long-term, permanent, or fatal consequences. There are many different types of birth injuries that can occur due to medical malpractice.

Examples of Birth Injuries

Some of the most common birth injuries include the following:

• Cerebral palsy – Cerebral palsy is an umbrella term for a group of disorders that affects movement, posture, and balance. This disorder most often occurs when there is loss of oxygen shortly before birth, during delivery, or just after birth. The loss of oxygen results in brain damage. Often times, children with cerebral palsy also have impairment in cognition as as a secondary result of the loss of oxygen.

• Brachial plexus injuries – This is another very common birth injury. Brachial plexus injuries occur when there is pulling, stretching, or separation of the network of nerves that originate in the spine and go through the neck, arm, and fingertips. These injuries may be temporary or permanent, depending on the degree of injury. This type of injury most often occurs when there is excessing pulling or tugging on the newborn’s neck, head, or shoulders during delivery. Improper use of extraction tools or use of excessive force can also lead to a brachial plexus injury. Brachial plexus injuries often cause an impairment in movement, sensation, and function. In severe cases, brachial plexus injuries can lead to physical deformity. Examples of common types of brachial plexus injuries include Era’s palsy, neuroma, avulsion, neuropraxia, Horner syndrome, global palsy and Klumpke’s palsy.

• Hypoxic Ischemic Encephalopathy – This is perhaps one of the most devastating types of birth injuries and is caused by prolonged deprivation of oxygen just before birth, during delivery, or just after birth. Failure to intervene when a complication occurs (i.e fetal distress), failure to perform a c-section in a timely manner, or failure to identify a complication can lead to hypoxic ischemic encephalopathy. While there are some treatments for HIE (i.e. cooling therapy), it must be performed within 6 hours after birth. Failure to do so will result in permanent brain damage.

• Fractures – The most common type of fracture that can occur during the labor and delivery process is fracture of the clavicle. This very painful type of fracture occurs when a medical provider has difficulty delivering the baby, leading to use of excessive force or abnormal movements to deliver the baby. Signs of a fractured clavicle include lack of movement of the arm or shoulder on the affected side, a lump that may occur on the shoulder after a period of time, or pain.

• Kernicterus – While jaundice commonly occurs within the first 24-48 hours after birth, medical professionals have a duty to check a bilirubin level to ensure that it is not elevated, and adequate monitoring should be continued if an elevated level is identified or if the newborn is exhibiting symptoms of jaundice. Failure to intervene with supplemental nutrition or phototherapy can result in kernicterus. Kernicterus is caused by a build-up of bilirubin in the brain, leading to permanent brain damage. Jaundice should never lead to kernicterus.

• Intrauterine fetal demise (IUFD), stillbirth, or death – This is perhaps the worst type of birth injury that can occur due to medical malpractice. There are many causes of these complications, with some causes including failure to recognize and intervene when fetal distress is identified, failure to perform an emergency or schedule c-section in a timely manner, failure to identify a maternal complication that can lead to fetal death, or many other negligent acts that can lead to the death of a newborn.

• Other types of birth injuries caused by medical errors in Oregon that our medical malpractice lawyer can handle for you.

Damages for Birth Injury Victims in Oregon

The unfortunate truth is that far too many infants and their parents needlessly suffer as a result of a medical error during the labor and delivery process. For some infants this can be a fatal error, while for others they may suffer long-term or permanent effects of the error. The life that their parents once pictured may now be drastically different as a result of their injury. Birth injury victims and their families have a right to file for damages for any injuries sustained during the labor and delivery process.

A birth injury lawyer can review your case to determine if medical malpractice played a part in your child’s birth injury. Our compassionate Illinois birth injury lawyers are prepared to review your case for FREE to determine if you may be eligible for compensation. Some of the most common damages for birth injury victims include the following:

• Past pain and suffering
• Future pain and suffering
• Assistive devices
• Medical bills
• Lost wages and lost future earnings if the parents needed to remain out of work due to their child’s injury
• Physical and occupational therapy
• Special education
• Emotional pain and suffering
• Adaptive equipment
• Nursing care
• Home and vehicle modifications to transport your child and make your home accessible and safe for them
• Funeral and burial expenses, and
• Other damages for birth injury victims and their families under Oregon law.

How Much Does a Birth Injury Lawyer in Oregon Cost?

 

Nothing upfront at Kuhlman Law. All consultations are free and there are no upfront expenses for filing a lawsuit, expert expenses, or otherwise handling your medical malpractice case. In fact, there are no legal fees paid upfront or until our medical malpractice lawyer recovers compensation for you or your family. That means there is a no win, no fee guarantee with Kuhlman Law. The same is true of your litigation expenses, which are only reimbursed to us if we recover compensation for you. That means if there is no recovery, there is no bill to our law firm.

Did a Loved One Suffer From Medical Malpractice Causing Birth Injuries in Portland? Call us

 

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.

 

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.

 

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.