Did Your Child Suffer A Birth Injury? Count On Our Iowa Birth Injury Attorneys For Compassionate Yet Aggressive Representation.
Last updated on February 26, 2025
The birth of a baby is supposed to be a joyous event. But when something goes wrong just prior to or during delivery, the result can be a nightmare. The health of both the baby and the mother may be jeopardized.
If your child suffered birth injuries or you were seriously injured while giving birth, physician or hospital negligence may have been a factor. To better understand your legal options, discuss your concerns with an experienced Iowa birth injury lawyer like ours at Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C.
Our firm, with offices in Fort Dodge and Gowrie, has been serving clients throughout the surrounding areas of Iowa for 75 years. We have the knowledge, experience and resources to help you effectively litigate a medical malpractice claim.
Common Birth Injuries And Potential Causes
Not all birth injuries are attributable to negligence. However, it is a good idea to discuss your concerns with an attorney if your baby suffers from any of the following and you suspect that negligence may have been a factor:
- Cerebral palsy
- Erb’s palsy (impacting the brachial plexus)
- Brain damage caused by lack of oxygen, perhaps due to a delayed C-section
- Brain bleeding or cephalohematoma
- Paralysis of the face or any limbs
- Spinal cord injuries, often tied to the aggressive use of forceps during delivery
When a doctor’s actions or inaction leads to a birth injury, you may have an actionable malpractice claim. Common issues leading to birth injuries include:
- Failure to monitor the mother or baby for signs of distress
- Failure to recognize and respond to dangerous conditions like preeclampsia.
- Overly aggressive delivery techniques and misuse of vacuum extractors, forceps and other tools
- Unnecessary delay in ordering a cesarian section
Most clients who come to us don’t know whether they have a case, and that’s understandable. As an experienced birth injury law firm, we can help you understand if this applies to your situation. We offer free initial consultations so that you can tell us your story and learn about your options with no cost or obligation.
How Are Birth Injuries Treated?
The treatment for birth injuries depends largely on the type and severity of the injury itself – but early intervention is key to minimizing the long-term consequences.
Whether a child suffers from a brachial plexus injury, cerebral palsy, facial nerve injuries or some other injury acquired at birth, treatment may include a combination of medications, physical therapy and surgeries to repair damaged nerves or muscular-skeletal issues.
In many cases, babies injured during birth spend extensive time in the neonatal intensive care unit (NICU), and many may require long-term home medical services. Some infants will never fully recover from their birth injuries, despite even the best treatment.
What Are The Long-Term Costs And Care Considerations For A Child With A Birth Injury?
Children with birth injuries may need long-term care and treatment at various stages of their development or for the rest of their lives. These can include:
- Physical therapy to help them gain flexibility and strength in the affected limbs
- Occupational therapy to help with fine motor skills
- Hearing and visual aids
- Tutoring for developmental delays
- Additional surgeries, as they age and their bodies grow, to correct ongoing problems
- Home health equipment and mobility aids, such as walkers and wheelchairs
In addition, both the parents and children may suffer psychological distress over a birth injury. Post-traumatic stress disorder (PTSD) can be common for mothers, and the children may also develop emotional problems related to their limitations.
In any case, both the short-term and long-term medical care and services required to treat birth injuries can be prohibitively expensive, and not everything is covered by insurance. That is one of the many reasons it is so important to seek answers to your birth injury legal questions from an experienced Fort Dodge birth injury lawyer. The compensation you recover from a medical malpractice claim can help cover the costs and be key to making certain that your child has the services they deserve.
The Benefits Of Hiring An Experienced Birth Injury Attorney In Fort Dodge
Our Iowa birth injury lawyers can help you understand your legal options, but that’s just the beginning. When we represent you, we will carefully calculate the full costs of your child’s injuries and seek compensation through a negotiated settlement or jury trial.
While your case progresses, our team will also help you coordinate important services and seek coverage for necessary medical treatments and expenses, as well as physical therapy and emotional therapy. If your child is of school age and has special needs due to their birth injuries, we can also help you seek education assistance. We understand how difficult this journey has been for your whole family, and we want to ease your personal, financial and legal burdens.
How Long Do I Have To File A Claim After A Birth Injury In Iowa?
If you’re considering legal action after a birth injury, it’s crucial to understand the Iowa medical malpractice statute of limitations. In Iowa, the general rule is that you have two years from the date of the injury or when you reasonably should have discovered the injury to file a claim.
However, birth injury cases can be complex, and several factors may affect this timeframe:
- The discovery rule: Sometimes, the effects of a birth injury aren’t immediately apparent. The discovery rule allows the statute of limitations to begin when you discover or reasonably should have discovered the injury, rather than the date the injury occurred.
- Tolling for minors: In birth injury cases, the statute of limitations is typically “tolled” or paused until the child turns 18. This means that in most cases, a person injured at birth has until their 20th birthday to file a claim.
- Exceptions: There are exceptions to these rules, such as cases involving foreign objects left in the body during surgery. It’s essential to consult with an experienced Iowa birth injury lawyer to understand how these rules apply to your specific situation.
Given these complexities, it’s crucial not to delay in seeking legal advice. As a dedicated birth injury law firm, we can help you navigate these timelines and ensure your claim is filed promptly.
Remember, while the law provides some flexibility, it’s always best to act quickly. Early action allows us to gather fresh evidence, interview witnesses while memories are clear and build the strongest possible case for you and your child.
Discuss Your Case With Fort Dodge Birth Injury Attorneys For Free
Founded in 1950 as The Johnson Law Firm, our practice has been serving clients in Webster County and surrounding areas of Iowa for the past 75 years.
To take advantage of a free initial consultation with an experienced Iowa birth injury lawyer, contact us online or call us in Fort Dodge at 515-639-3124 or our Gowrie office at 515-346-6346.