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Rolla Birth Injury Lawyer

While generally regarded as safe, childbirth is sometimes a dangerous transition for babies and their mothers. When problems arise, the physician needs to act quickly and make sound judgments. Unfortunately, accidents do occur and can cause serious injuries.

If you or a loved one suffered a severe injury due to the negligence of a physician, a compassionate Rolla birth injury lawyer could help you seek fair compensation for your damages. Our medical malpractices attorneys at the A.W. Smith Law Firm, P.C. have the experience to know what a jury needs to see in order to render a verdict in the plaintiff’s favor.

What is a Birth Injury?

A birth injury is damage that occurs due to physical pressure to the fetus during the birth process, most likely as they travel through the birth canal. Birth injuries are sometimes benign, such as a scratch to the head but can be as severe as brain damage. To avoid a birth injury or other complications, it is recommended that the mother have a caesarian section if the baby is abnormally positioned or is over 11 pounds.

Birth injuries may occur in nearly every system of the baby’s body. The most common categories of birth injuries are:

  • Head and brain injuries
  • Nerve injuries
  • Bone injuries
  • Skin and soft tissue injuries
  • Perinatal asphyxia which is a decline in blood flow to the fetal tissues or a decrease in oxygen in the fetal blood at any point during the delivery process

A knowledgeable Rolla birth injury lawyer could review the claim and help hold the negligent party accountable for damages.

Filing a Lawsuit in Rolla

Missouri law requires that certain conditions are met in order to file a birth injury or medical malpractice case. If these requirements are not met according to the law, the judge can refuse the case.

Under Missouri Revised Statutes §538.225, the plaintiff or their Rolla birth injury attorney must file an Affidavit of Qualified Healthcare Provider within 90 days of filing the lawsuit. In some cases, an additional 90-day extension may be granted. This affidavit certifies that the attorney for the plaintiff obtained the written opinion of a legally qualified healthcare provider who agrees that:

  • The defendant failed to provide treatment to the plaintiff that was reasonably prudent and careful
  • The failure to do so caused or contributed to the plaintiff’s and damages

Our seasoned attorneys at The A.W. Smith Law Firm could ensure that all claims and supporting documentation are filed properly.

Rolla Birth Injury Liability

When a birth injury occurs, the clinician could be held liable. The physician has a duty to provide care and treatment for their patients using the same standard of care that another reasonably prudent doctor in a similar situation and with similar training would. If they fail to do this, they are negligent.

By hiring a qualified birth injury lawyer in Rolla, the plaintiff could recover compensation for damages for themselves and their child. A well-practiced attorney in Rolla must prove that the defendant’s negligence directly caused the birth injury, and the plaintiff suffered damages or losses due to the injury.

Speak to a Rolla Birth Injury Attorney Today

If your newborn suffered a birth injury due to a reckless and negligent physician, you may feel shocked and traumatized. Let our team at The A.W. Smith Law Firm help you seek compensation for your hardships. We will work tirelessly to help you seek justice.

Seek help from a skilled Rolla birth injury lawyer who could help you hold the physician liable for their actions. Call today to schedule a free consultation.

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