Arizona Birth Injury Lawyer
If you or your child has suffered due to medical malpractice in Arizona, we can help you seek justice. An Arizona birth injury lawyer can listen to your story and help you determine if negligence has taken place. An attorney can also walk you through the process of filing a claim for personal injury or wrongful death. Levin & Perconti’s team of birth injury lawyers is here to work with you through the legal process so you can focus on rebuilding your life.
- Types of Birth Injury Cases Levin & Perconti Handles
- Common Causes of Birth Injuries
- Birth Injury Prevalence in Arizona
- Arizona Medical Malpractice Laws
- Proving Liability for an Arizona Birth Injury
- Available Damages in a Birth Injury Lawsuit
- Arizona Birth Injury Statute of Limitations
- What Do I Do After My Child Suffers a Birth Injury?
- How Can the Birth Injury Lawyers at Levin & Perconti Help Me?
- About Our Birth Injury Lawyers
Types of Birth Injury Cases Levin & Perconti Handles
At Levin & Perconti, we work with parents to understand where the breach of legal obligation took place. We handle several kinds of birth injury cases, such as those involving:
- Serious injuries
- Infant wrongful deaths
- Birth asphyxia
- Birth trauma
- Cerebral palsy
- Erb’s palsy
- Neurological neonatal birth injuries
- Viral and bacterial infections
- Improper prenatal care
- Mistreated or untreated maternal medical conditions
- Hypoxic-ischemic encephalopathy (HIE)
These and other conditions can hurt or kill a mother or child, so it’s essential to get legal support to handle the case. We want to help you seek the compensation you and your child deserve.
Common Causes of Birth Injuries
There are many common causes of birth injuries. Some of the most widespread issues leading to birth injuries include medical errors like:
- Misusing a vacuum extractor
- Misusing forceps
- Failing to respond to maternal emergencies
- Delaying a necessary C-section
- Miscommunications between nurses and physicians
- Premature delivery complications
- Administering the wrong medications
- Failing to respond to signs of fetal distress
These and other errors may lead to profound complications, life-threatening injuries, or even death.
Birth Injury Prevalence in Arizona
In 2019, Arizona saw 79,183 births, according to the Arizona Department of Health Services. The CDC ranks Arizona 38th in the nation for total Cesarean sections. Compared to other states, this low rate of C-sections implies that medical providers are not necessarily taking extra precautions when delivering children at risk for birth injuries or defects.
Arizona also ranks 38th for low birth weight, suggesting that Arizona has relatively few immuno-vulnerable premature babies.
Arizona Medical Malpractice Laws
Medical malpractice laws govern birth injury lawsuits. The statute of limitations, or deadline to file, for a malpractice claim in Arizona is two years.
Some legal cases seek expert opinion to make specific determinations. In an instance of medical malpractice, Ariz. Rev. Stat. Ann. §12-2603 clarifies that you must state in your filing whether or not expert witness testimony is necessary to prove negligence.
Arizona’s comparative negligence law also outlines that you may seek compensation even if you are partially at fault.
Proving Liability for an Arizona Birth Injury
Proving liability in a birth injury case requires your attorney to establish elements of negligence or malpractice.
Medical malpractice lawsuits can build upon factors such as:
- Medical providers not following guidelines
- Unethical or neglectful procedures
- Practicing nonstandard methods
- Reducing staffing hours or monitoring
- Hiring unskilled medical workers
- Failure to train medical workers
Who’s liable for my child’s birth injury?
Several parties could be held liable for your child’s injuries. The first party you may consider liable is the doctor who saw you or the child’s mother throughout the pregnancy. However, vicarious liability rules hold the hospital accountable for the actions of its employees, making the hospital potentially liable as well.
Available Damages in a Birth Injury Lawsuit
When a child or mother is hurt, there is a potential to recover economic, non-economic, and punitive damages.
Economic damages refer to financial losses. Non-economic damages are damages for non-monetary losses, like pain and suffering.
Courts award punitive damages as a punishment to the medical provider, hospital, or other parties for their negligence or malicious intent.
Some of the damages you may be able to collect during an Arizona birth injury lawsuit include:
- Respite care
- Home modifications for a disability
- Assistive devices
- Specialized educational needs
- Pain and suffering
Arizona does not have a cap on the total damages you can recover in a medical malpractice action. In fact, Article 2, § 31 of the Arizona Constitution prohibits limits to victims’ recoverable damages.
Filing a Birth-Related Wrongful Death Claim in Arizona
Parents may file a wrongful death lawsuit against those responsible for their child’s death. There is a two-year statute of limitations on such claims. You may be able to seek compensation for economic losses as well as non-economic damages such as pain and suffering.
Arizona Birth Injury Statute of Limitations
You have to years “after the cause of action accrues” to file a medical malpractice lawsuit, according to Ariz. Rev. Stat. § 12-542(1) (2021).
However, the discovery rule may extend that window. This rule allows you to file for two years after the date you should have known or knew about the injury and knew that it was likely due to malpractice.
Some cases allow extensions of the statute of limitations based on Ariz. Rev. Stat. §§ 12-501, 12-502 (2021). For example, if the offending medical provider leaves the state, the statute of limitations might only continue once they return.
What Do I Do After My Child Suffers a Birth Injury?
Seeing your child suffer a birth injury can feel like the end of the world. However, there are steps you can take to seek justice.
- Seek a medical evaluation for your child so that you can obtain a diagnosis.
- Seek treatment for your child, focusing first on their health and well-being.
- Record expenses and diagnoses, accepting no settlement offers from the hospital or insurance companies.
- Contact a lawyer for legal advice and assistance pursuing compensation.
These resources may provide additional support following your child’s diagnosis and insight as you consider legal action.
How Can the Birth Injury Lawyers at Levin & Perconti Help Me?
At Levin & Perconti, we help parents and their children after they’ve experienced life-changing trauma. No one should have to suffer illnesses or injuries because of medical malpractice.
We’ve helped many families like your own. We have settled the following birth injury cases (and many others):
- $20 million verdict for a child who suffered a brain injury due to the negligence of nurses and residents during labor.
- $16 million settlement for a child who suffered a brain injury due to negligent nursing and medical care during labor and cesarean section.
- $14 million verdict for a child who suffered a brain injury due to lack of oxygen during birth.
- $11.5 million settlement for a child with hypoxic-ischemic brain injury.
- $9 million settlement for a baby who suffered permanent brain damage as a result of a doctor’s failure to test the mother for Group B Strep Meningitis during prenatal care.
We cannot take away the ill effects of malpractice, but our team can help you move forward with your life in its wake. We are here to help you get just compensation for yourself and your child. Contact us today to learn more about how the Levin & Perconti team can help.
About Our Birth Injury Lawyers
Dov Apfel and Seth Cardeli are two of the leading birth injury attorneys in the nation. They have litigated cases throughout the United States and at the federal level, and are passionate advocates for the families they represent. Dov Apfel is nationally known for his high level of medical knowledge, and acts as a resource for attorneys, judges, and healthcare providers throughout the country. He has been practicing in the field of birth injury for over 40 years and was the recipient of the Dan Cullan Memorial Lifetime Achievement Award presented by the AAJ Birth Injury Trauma Litigation Group in 2011. Apfel and Cardeli have presented at dozens of educational events and written for numerous publications. In 2020, they secured one of the top five highest medical malpractice settlements in the nation.
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.