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Anniston Birth Injury Lawyer

Most parents expect to have healthy babies, especially when no problems were diagnosed during pregnancy. However, if your baby does suffer harm during birth because of a medical provider’s negligence, the consequences can be devastating. If you have unexpectedly high medical bills and experience emotional pain and suffering as a result of such maltreatment, it could be time to file a personal injury lawsuit.

Fortunately, an Anniston birth injury lawyer could help you and your family deal with financial concerns resulting from your baby’s birth injury. While no amount of compensation can rectify the situation, a compassionate personal injury attorney could work with you to alleviate some of the financial burden of your child’s current and future health needs.

Common Types of Birth Injuries

There are several different birth injuries a child may suffer prior to, during, or just after their birth, all of which by definition could have been prevented with proper care. Some common types of birth injuries include:

  • Injuries to the shoulder and nerves in the baby’s arms and hands, a condition known as shoulder dystocia
  • Facial paralysis or nerve problems which may be temporary or long-term
  • Bruises, contusions, infections, and other injuries from assistive delivery techniques such as forceps or vacuum extractions
  • Bone and skull fractures
  • Cerebral palsy
  • Brain damage due to lack of oxygen

Any of these injuries can cause serious and sometimes permanent damage to a child’s health and well-being. As such, they may be grounds for a civil suit that a qualified birth injury lawyer in Anniston could help an injured child’s parents file.

Statute of Limitations to File a Birth Accident Claim

For personal injury cases, Alabama generally maintains a statute of limitations of two years from the date the injury. Because birth injuries may not be discovered right away, though, the time limit in these cases is actually two years from the date of injury—typically the date of birth—or, if the two-year time limit passes, six months from the date the injury is discovered.

This extension for delayed discovery of birth injuries applies as long as the discovery is not more than four years from the date of injury, if the child is older than four years old. If a child’s birth is discovered prior to their fourth birthday, any birth injury lawsuit must be filed before the child’s eighth birthday.

In practice, this means plaintiffs may need to establish to the court that they did not learn of the birth injury in time to meet the two-year guideline. Because of the complex time limit rules, it is advisable to consult with an Anniston birth injury lawyer as soon as possible if parents suspect a possible birth injury.

Role of Contributory Negligence in Birth Injury Cases

Contributory negligence becomes a factor in Anniston birth injury cases when an injured party shares part of the blame in creating their own injuries. Some states allow claimants who are partially at fault to recover some compensation from the other party, but Alabama does not. Under Alabama State law, claimants who are partially responsible for their own injuries may have their recovery barred altogether, no matter how small of a percentage of fault is attributable to them.

In birth injury cases, any degree of contributory negligence stems from the mother’s potential negligence, since the child involved could not have contributed to their own injury at or prior to birth. It is not uncommon for the defense team representing a medical provider or hospital to claim the mother was negligent herself by, for example, failing to comply with prenatal recommendations.

Let an Anniston Birth Injury Attorney Lead the Way

Regardless of the type or severity of your child’s birth injury, an Anniston birth injury lawyer could help you and your family deal with the physical, emotional, and financial consequences. With a seasoned attorney’s help, you could argue against the defendant’s potential claim of contributory negligence and take advantage of any legal options available to you. Call today to schedule a consultation and get started on your case.