Foley Alabama Attorneys
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Inside a delivery room, one will find various healthcare professionals working to bring a child into the world. Each of them must follow and maintain strict standards of care while working. Failing to do so puts the mother and unborn child at risk of injury and death.

Tragically, delivery room errors are not uncommon, and mothers and children sometimes suffer. An Alabama delivery room error lawyer helps them get justice through compensation for their losses.

Why Choose Us?

Our Experience Speaks Volumes

Caldwell Wenzell & Asthana has a track record of results. We have helped thousands of clients seek and obtain compensation for injuries caused by others. We are here to help you hold medical professionals responsible for failing to adhere to the required standards of care.

When you work with the delivery room errors lawyers from our firm, you get:

We do not put up with substandard compensation offers from insurance companies and will go to trial anytime the situation requires.

Foley, Alabama Lawyers
If you or your child have been injured by a birth injury, such as shoulder dystocia or Erb’s palsy, call Caldwell Wenzel & Asthana today at (251) 444-7000 to have your case reviewed by one of our delivery room errors attorneys.

We also welcome client referrals from other law firms.

Understanding Delivery Room Errors

Delivery room errors are mistakes that should not happen. They increase the risk of injury and death substantially for mother and child. Because so many medical processes and procedures occur in a delivery room throughout delivery, many opportunities for error exist.

Improper fetal monitoring is a common error with disastrous consequences. The standard of care requires constant monitoring of both the fetus and the mother. Important signs warning of potential issues can be the difference between life and death but only if they are acted upon.

Other errors that Alabama delivery room errors attorneys commonly see include:

  • Negligent handling of the child
  • Negligent performance of surgical and other delivery procedures
  • Negligent use of forceps
  • Negligent use of vacuum
  • Improper administration of epidural
  • Failure to act to prevent or treat emergency conditions, such as birth asphyxia
  • Improperly trained doctors or staff
  • Improper supervision or failure to supervise
  • Lack of essential safety equipment and medical tools
  • Facility negligence.

These are but a few examples of delivery room errors. As you would imagine, the injuries caused by these examples of medical malpractice can be serious and life-changing. Those families that experience them typically face overwhelming pressure as they must adjust to devastating losses.

Compensation for Delivery Room Errors

The compensation that you may receive for a delivery room error encompasses various legally recognized damages. They can be classified as either economic or non-economic damages.

Economic damages typically caused by delivery room errors include:

  • Financial losses incurred due to medical bills
  • Financial hardships caused by loss of income and employment
  • Financial losses from the need to hire domestic homecare workers

Non-economic damages, although not traditionally calculable, will also form part of your claim. They include damages that are intangible but real all the same, such as:

  • Physical pain
  • Loss of enjoyment of life
  • Emotional distress.

In less common cases, victims of delivery room errors may also have access to punitive damages. Punitive damages make an example of the negligent person’s conduct and are only available when particularly egregious behavior is involved.

Delivery Room Errors: Who is at Fault?

Any healthcare provider who is negligent while working in the delivery room may face liability for the consequences of their negligence. In many instances, more than one individual is liable due to the team effort needed between professionals.

Some of the professionals commonly found in a delivery room include:

  • OB/GYN
  • Family physician
  • Nurses
  • Midwife
  • Anesthesiologist
  • Maternal-fetal physician
  • Neonatal physician.

Each has a specific set of responsibilities they must fulfill according to medically accepted and mandated standards. Determining whether a professional has failed to adhere to these standards, which is medical malpractice, requires a detailed examination of the facts of the situation guided by medical expertise.

Our Alabama delivery room error attorneys consult with leading medical professionals to pinpoint negligent actions and the effects of these actions.

Sometimes, the hospital or birthing center is a source of negligence and may also face a claim for compensation. However, they need not be negligent to be subject to a claim for compensation. Based on the legal doctrine of vicarious liability, employers are liable for the negligent actions of their employees.

How Our Delivery Room Error Attorneys Can Help

Holding Medical Professionals Accountable

The injury claims process requires victims to fight for payouts that truly address their needs. Insurance companies that cover negligent medical professionals are their adversaries. In a more equitable world, the situation would be different. However, in this world, injury victims with experienced delivery room error lawyers representing them get more compensation than those who do not.

Our delivery room error lawyers manage every aspect of your case and craft the appropriate strategies to get you the highest compensation award possible. Clients of Caldwell Wenzel & Asthana have the opportunity to heal in peace while we take care of all the details, including:

  • Document drafting and filing
  • Investigating the circumstances of the delivery room errors and injuries
  • Contracting the appropriate medical experts for testimony
  • Fiercely negotiating for a worthy compensation payout.
Foley, Alabama Lawyers
You have an ally in Caldwell Wenzel & Asthana. We care about your future and fight hard to get you the necessary resources. Call (251) 444-7000 if you need to speak with one of our Alabama delivery room error attorneys.

Frequently Asked Questions

Please call if you have any questions not listed here or need to discuss your case with a delivery room error attorney.

What is the statute of limitations for claims based on delivery room errors & injuries?

The statute of limitations for claims based on delivery room errors depends on who is filing the lawsuit. If the injured person was the mother, she has two years from the date of the injury to file a lawsuit. On the other hand, if the injured party was the child, the child has until their eighth birthday to take legal action.

Can I afford a delivery room error lawyer?

Yes. If you need to hire an Alabama delivery room error lawyer, you will not be required to pay to get your case started. Your delivery room error lawyer receives their fees at the end of the case and only if they successfully recover compensation.

How long do delivery room error claims take to settle?

Delivery room error claims can take between a couple of months and a few years. The complexity of the case is a determining factor in how long a claim takes. The bottom line is the more straightforward a case is, the more quickly it is likely to be settled.

It is important to remember that insurance companies tempt claimants with quick but subpar settlement offers, knowing that the claimants have great financial needs. Because of this tactic, those who experience delivery room errors & injuries should seek the services of a delivery room lawyer to protect their compensation.

How much compensation might I get for a delivery room error claim?

Compensation for losses caused by delivery room errors can vary greatly from case to case. Generally, the more serious the injuries, the more compensation is available. However, other factors play into how much compensation you receive, including whether you have an experienced delivery room error attorney representing you and the strength of the evidence.

If you have more questions about getting compensation for delivery room errors, please reach out, and one of our delivery room error lawyers will help you.

Get Justice for Your Losses

Caldwell Wenzel & Asthana Delivery Room Error Attorneys Are Here to Help

You have the right to expect delivery room professionals to maintain accepted and well-defined standards of care. When one or more are negligent, contact the delivery room error attorneys at Caldwell Wenzel & Asthana for help. Call (251) 444-7000 for a free consultation.