Birth Injuries

The birth of a child is meant to be the most celebratory time of a parent's life. Unfortunately, this process does not always go according to plan.

It can go completely awry in some situations – causing serious complications that can have a detrimental impact on your child. 

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If your child has suffered a birth injury that was caused by the negligence or carelessness of a medical professional or medical facility, you may have grounds to pursue a personal injury claim. Let Bagby Law ensure your child's legal rights.

Birth injuries most commonly occur when the doctor or another medical provider deviates from standard procedure or fails to recognize potential danger to the child or mother during the birthing process.

Medical professionals are responsible to follow strict regulations in monitoring vital signs and taking all necessary steps and precautions to help prevent danger and illness during birth. When they deviate from these standards, doctors, nurses, and hospital staff can be held liable for their negligent actions.

Birth injuries can be overwhelming and life-altering, both for families and the children who suffer from them. Moreover, the long-term medical costs associated with treatment and care is astronomical. If a medical professional or facility breached their duty of care during the birth process, a claim should be filed against them to address the damages.

Birth injuries can manifest in a variety of ways, including physical, developmental, and cognitive complications. Listed below are some of the most common types of birth injuries.

Types of Birth Trauma

Cerebral palsy

This condition affects the motor functions and development of infants who are injured during birth. This is a type of brain injury. There are three major types: spastic, ataxic and athetoid. This condition is not one that worsens over time, but additional surgery may be needed as bones grow and become established. Children born with cerebral palsy are often heavily dependent on parents and caretakers for everyday needs.

Erb's palsy

This condition is caused by nerve damage in the arms, specifically, the C5-C6 nerves. The most common cause of this type of injury is difficult labor that results in the baby’s shoulder not being able to pass through without injury (dystocia). While some infants recover on their own, others need surgery.

Umbilical cord compression

This occurs when bloodflow to the unborn child is blocked by an obstruction or pressure in the umbilical cord. Sometimes, the umbilical cord can become compressed on its own. This happens in about ten percent of all deliveries. In some severe cases, an emergency cesarean section may be required.

Brain damage

One of the most common ways that infants are born with brain damage is by way of asphyxiation. Injuries during the delivery process occur in just over one percent of cesarean section births.

Brachial plexus

The brachial plexus is actually a name for a group of nerves located along the spinal cord. These nerves are connected to the shoulders, arms and hands. An injury to this group of nerves during child birth can necessitate prolonged physical therapy and surgery in some severe cases.

Hypoxic ischemic encephalopathy

This is a condition in which the brain is not able to get the oxygen that it needs. Most commonly, this injury occurs at birth and can actually be fatal. Some causes can be: difficult childbirth, blocked blood vessel, umbilical cord strangulation, complications from anesthesia and more.

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Bagby Law has worked for years to provide birth injury victims with the kind of professional legal representation that gets results.

We investigate and find the root cause of the accident

to hold the responsible people and companies accountable

We identify the lasting effects of your injuries.  

Often people think their issues will go away with treatment, but those injuries can often come back after a person stops treating them.  Working with the best doctors, we discover the full scope of your injuries so we can fight for fair compensation for you.

We deal with the insurance companies.

We act as intermediary with the insurance company so you don’t have to deal with tricky adjusters trying to pay out as little as possible.

We help you get your medical bills get paid.

Wondering how to get started? Read more here

Frequently asked questions

Why do I need an attorney?

If you have been seriously injured in an accident, you may be overwhelmed, confused and in pain. In addition, you may be wondering whether or not you really need an attorney. You are not required to have an attorney in order to obtain compensation; however, having an experienced and knowledgeable lawyer at your side can have a significant impact on the amount of compensation you will receive.
Statistically, an individual is half as likely to recover the compensation he or she is due without the assistance of an attorney. Many insurance companies will attempt to take advantage of those attempting to recover their own compensation. They may use tactics against you to deny your claim or delay your compensation until you are truly desperate.  If you have any questions involving your claim or whether or not an attorney is needed, discuss your case with a knowledgeable law firm as soon as possible.

What happens if my case is not successful?

There is no charge for our time unless your personal injury case is concluded successfully. We are dedicated to our clients and will do everything in our power to help ensure you receive a successful verdict. While every case has its unique circumstances, our attorneys are confident that they have the skill and know-how to secure the compensation your injuries demand. The costs of an exceptional personal injury pale in comparison to the overwhelming hardships you would have to endure without adequate compensation. With our firm you owe us nothing should our handling of your case not be successful.

Should I try to reach a settlement?

When you try to reach a settlement for your personal injury case, you are essentially making an agreement before going to trial. This is done when one party, either the defendant or the insurance company, offers a certain monetary payment in hopes of avoiding going to court. Reaching a settlement can be beneficial in some situations. However, you must be wary of individuals and insurance companies that are trying to lowball you. If you are not sure if the settlement that is offered to you is appropriate, you should hire an attorney. A legal professional will be able to help you determine whether or not you would receive full coverage by accepting their offer.

What do I do when I suspect I have a medical malpractice claim?

One of the most important things a person can do if a loved one has been the victim of medical malpractice is document the injury. This means more than just collecting the medical records. Medical records do not tell the story of what a person and their family is going through as a result of medical negligence. Instead collect and save voicemails from friends and family calling to give you their sympathy and condolences, record the daily pain and suffering experienced by both the victim and their family in a journal, and take pictures of the injured person both in the medical facility and at home. They say a picture is worth a thousand words, and in medical negligence this is especially true. Also, as soon as practically possible, record all your memories of what the doctors, nurses, and health care professionals said. In addition, if you believe that a person is being neglected or is the victim of negligence in a health care facility, put a hidden camera up in their room.

See even more questions and answers here

Why should you work with Bagby Law on your case? 

No charge until we win.

With our firm you stand to lose nothing should our handling of your case not be successful. When you hire Bagby Law, there is no charge for the firm's time unless your personal injury case is concluded successfully. While every case has its unique circumstances, our attorneys are confident that they have the skill and know-how to secure the compensation your injuries demand.

We care about our clients and get to know them; you aren’t just a case number to us.

We want to help make sure you get better. We spend time getting to know you to advocate for your unique and specific circumstances when we fight your case.

Honesty, hard work and expertise make us your Dream Team.

Honest answers and advice help you evaluate the risks and rewards early in a case, and we pride ourselves in giving you the best advice. We put in the work and money to develop and fight your case aggressively. We have tens of thousands of hours spent as trial attorneys fighting cases like these, and we bring all that expertise to your case. If we need the additional expertise of outside lawyers to help win your case, we bring them in to fight for you at no additional charge. This is our commitment to bringing you the best team to win your case.

We are a nimble, modern, technology-forward firm.

We embrace modern business practices, communication standards and technologies (hello text and zoom!) so we can move quickly on your case, unlike older, slower, more old-school firms.

With locations in Colorado and Texas, we're standing by to help you.

Serving Colorado Springs, Monument, Castle Rock, Pueblo, Trinidad and Fort Carson, San Antonio, and the surrounding areas

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Colorado Springs

Also serving Monument, Castle Rock, Pueblo, Trinidad and Fort Carson

7035 Campus Drive, Colorado Springs, CO 80920

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San Antonio

2101 NW Military Hwy, San Antonio, Texas 78213

Talk to us about your Birth Injury case. 

At Bagby Law, your consultation is private and confidential. In some situations, we will even come to you to discuss your matter and perform a free case evaluation. 

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