Des Moines Birth Injury Attorneys

Fighting For Birth Injury Victims in Iowa

The birth of a child is meant to be one of the most joyous occasions in life. However, when medical negligence leads to a birth injury, the emotional and financial toll on a family can be overwhelming. At Hope Law Firm, we understand the profound impact that a birth injury can have on your child's life and your family's future. Our dedicated team of Des Moines birth injury lawyers is here to help you seek justice and secure the compensation your family deserves.

Call (515) 298-5056 or fill out our online contact form today to request a free initial consultation with our birth injury lawyer in Des Moines.

What is a Birth Injury?

A birth injury refers to any harm or trauma that a newborn experiences during labor and delivery. These injuries can range from mild, temporary conditions to severe, lifelong disabilities. Birth injuries differ from birth defects, which are congenital and typically result from genetic factors or environmental influences during pregnancy. Birth injuries, on the other hand, are often preventable and result from complications or medical errors that occur during the delivery process.

The effects of a birth injury can be immediate or may not become apparent until months or even years later. In many cases, early intervention and treatment can make a significant difference in the child’s quality of life, but the costs associated with these medical needs can be substantial. That’s why it’s crucial to consult with a knowledgeable Des Moines birth injury lawyer if you suspect that your child has suffered a birth injury due to medical negligence.

Common Types of Birth Injuries

Birth injuries can manifest in various forms, depending on the circumstances of the delivery. Some common types of birth injuries include:

• Cerebral Palsy: One of the most well-known birth injuries, cerebral palsy, results from brain damage that occurs before, during, or shortly after birth. It affects muscle coordination and motor skills and can lead to lifelong physical and cognitive challenges.
• Brachial Plexus Injuries: The brachial plexus is a network of nerves that controls movement and sensation in the arm and hand. If these nerves are damaged during delivery, it can result in conditions like Erb's palsy, where the child may have weakness or paralysis in the affected arm.
• Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury that occurs when a newborn's brain doesn't receive enough oxygen and blood flow during labor and delivery. This condition can lead to severe cognitive and developmental disabilities.
• Fractures: During difficult deliveries, a newborn's bones, particularly the collarbone (clavicle), can be fractured. While these injuries often heal with time, they can cause significant pain and discomfort in the immediate aftermath of birth.
• Facial Nerve Injuries: Pressure on the baby's face during delivery, especially during the use of forceps or vacuum extractors, can cause damage to the facial nerves. This can result in temporary or permanent facial paralysis.
• Intracranial Hemorrhage: Bleeding in the brain, or intracranial hemorrhage, can occur during a traumatic birth. This condition can lead to serious neurological issues and requires immediate medical intervention.

Common Causes of Birth Injuries

Understanding the causes of birth injuries is essential in determining whether medical negligence played a role. Some common causes of birth injuries include:

• Prolonged Labor: When labor extends beyond what is considered safe, the risk of birth injuries increases. Prolonged labor can lead to oxygen deprivation, excessive pressure on the baby, and the need for emergency interventions.
• Improper Use of Medical Instruments: Forceps and vacuum extractors are sometimes used to assist in difficult deliveries. However, improper or excessive use of these instruments can cause significant harm to the baby, including fractures, nerve damage, and brain injuries.
• Failure to Monitor Fetal Distress: During labor and delivery, medical professionals must closely monitor the baby's heart rate and other vital signs. Failure to recognize and address signs of fetal distress can lead to oxygen deprivation and other serious complications.
• Delayed C-Section: In some cases, a Cesarean section (C-section) is necessary to prevent harm to the mother and baby. If a C-section is delayed or not performed when needed, it can result in severe birth injuries.
• Medication Errors: Administering the wrong medication or incorrect dosage during labor can have harmful effects on both the mother and the baby. These errors can lead to birth injuries, including respiratory problems and brain damage.
• Inadequate Prenatal Care: Failure to provide appropriate prenatal care, including monitoring the mother for conditions like gestational diabetes or preeclampsia, can increase the risk of birth injuries. Proper prenatal care is crucial for identifying potential risks and preparing for a safe delivery.

Who is Liable for a Birth Injury?

Determining liability in a birth injury case can be complex, as multiple parties may be responsible. At Hope Law Firm, our experienced Des Moines birth injury lawyers will thoroughly investigate your case to identify all potential sources of liability, including:

• Obstetricians and Gynecologists: The doctors responsible for overseeing the pregnancy and delivery are often the primary focus in birth injury cases. If they fail to provide the standard of care expected in their field, they may be held liable for any resulting injuries.
• Nurses and Medical Staff: The nursing staff and other medical professionals assisting during labor and delivery play a critical role in ensuring the safety of both mother and child. Negligence on their part, such as failing to monitor vital signs or properly use medical equipment, can lead to birth injuries.
• Hospitals: Hospitals have a duty to provide a safe environment for patients. This includes ensuring that all medical staff are properly trained and that the necessary equipment is available and functioning correctly. If the hospital fails in this duty, it may be held liable for birth injuries.
• Pharmaceutical Companies: In cases where medication errors contribute to a birth injury, the pharmaceutical company that manufactured the drug may be held responsible, especially if the drug was improperly labeled or had undisclosed side effects.
• Anesthesiologists: Anesthesiologists are responsible for administering anesthesia during labor and delivery. Errors in administering anesthesia can lead to serious complications for both mother and baby, potentially resulting in a birth injury.

What Is the Statute of Limitations for a Brain Injury Claim in Iowa?

In the state of Iowa, the statute of limitations for most personal injury claims, including brain injury claims, is two years from the initial date of the injury. This means you must file your lawsuit within this time frame, or you risk losing your right to seek compensation.

Understanding these deadlines is critical to preserving your legal rights. If you suspect you or a loved one has suffered a brain injury because of negligence, contacting our attorneys as soon as possible is essential to evaluate your case and take timely action.

What Damages Could Be Recovered in a Brain Injury Claim?

Damages may include:

Medical Expenses

• Emergency treatment
• Surgeries and hospital stays
• Ongoing rehabilitation and therapy
• Medications and medical devices

Lost Wages and Loss of Earning Capacity: If the injury prevents you from working temporarily or permanently, you may recover compensation for lost income and diminished earning potential.

Pain and Suffering: This accounts for the physical pain and emotional misery that was caused by the injury. Brain injuries often lead to significant mental anguish, including depression, anxiety, and changes in personality or cognitive function.

Loss of Consortium: Compensation may be available for spouses or family members who suffer due to the injury’s impact on their relationship with the victim.

Home Modifications and Long-Term Care: Serious brain injuries may demand modifications to your home or vehicle to accommodate physical limitations, as well as ongoing professional care.

Punitive Damages

In instances of egregious negligence or intentional harm, courts could grant punitive damages to penalize the wrongdoer and deter similar behavior.