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Birth injuries are always a dark cloud for families. Sadly, they are not rare occurrences. Cephalohematoma is a birth injury that may occur in up to 2.5% of the population and may lead to serious complications. If your child has experienced cephalohematoma, an Alabama infant cephalohematoma lawyer can potentially help you get justice.
At Caldwell Wenzel & Asthana, we understand the compensation process for birth injuries and know that our clients did not get what they need unless we fight. Our experience dealing with insurance companies has earned our firm the reputation of being staunch defenders of our clients’ financial interests.
When you choose Caldwell Wenzel & Asthana to represent you, you get a firm with:
We work diligently to settle every case promptly but never shy away from trial. Our willingness to go the distance means our clients can be sure that we will exhaust every avenue in our fight for compensation. This level of tenacity leads other law firms to refer cases to us when a trial is necessary.
Infant cephalohematoma is a birth injury that causes blood to pool outside the newborn’s cranium between the skull and the scalp. The blood comes from ruptured blood vessels damaged during labor or delivery.
In most cases, cephalohematoma has little to no effect on the health of a newborn. However, there are some instances when medical intervention is necessary to prevent serious conditions from developing, such as:
The principal symptom of the condition is a raised section of the infant’s head, which should be discovered by healthcare professionals during routine monitoring of the child.
Cephalohematoma occurs when vessels of the baby’s skull rupture. Trauma is a common culprit and may come from various sources, including:
The use of an epidural may also cause a cephalohematoma to develop.
If a healthcare professional or entity was responsible for your child’s cephalohematoma, you might have a claim for compensation. Medical malpractice must be demonstrated for you to successfully recover a payment.
Medical malpractice occurs when a healthcare professional fails to uphold a standard of care during treatment and an injury results.
Determining the standard of care requires analyzing the circumstances under which the injury occurred. For example, if the cephalohematoma occurred during the use of a vacuum, the inquiry would be into whether the doctor used the tool correctly.
Depending on the facts of your case, the following professionals could be held to pay for your child’s cephalohematoma:
Additionally, hospitals and birthing centers can also face infant cephalohematoma birth injury lawsuits, even if they were not negligent. Victorious liability makes employers liable for the negligence of their employees.
No amount of money can change past mistakes. But compensation can go far in helping victims and their families weather the future. At Caldwell Wenzell & Asthana, we take great care in identifying, documenting, and calculating the monetary and nonmonetary damages our clients have suffered, such as:
In some cephalohematoma cases, punitive damages may be appropriate. Punitive damages do not compensate but punish and are available only when malice, wantonness, or fraud are involved.
Whatever your losses, Caldwell Wenzel & Asthana makes sure they receive the highest compensation possible through fierce negotiations with insurance companies.
Compensation claims for birth injuries are complex and high stakes. Victims and their families must deal with unreasonable insurance companies that are more concerned with conserving profits than paying out appropriate compensation figures. For this reason, having an experienced Alabama infant cephalohematoma lawyer representing you makes a difference.
A cephalohematoma attorney with a track record of excellence knows how to work at the negotiation table. They are intimately familiar with the tactics used by insurance company adjusters to get out of paying full compensation. Without such an advocate on your side, you are likely to receive less compensation than you deserve.
Additionally, an adept cephalohematoma birth injury lawyer in Alabama will skillfully manage every aspect of your birth injury claim, so you can concentrate on your family. Some of the many tasks your attorney will handle are:
Please review the questions and answers that follow to learn more about cephalohematoma and how you can get justice for your loved one.
Can I afford the cost of a cephalohematoma birth injury lawyer in Alabama?
Yes. Clients of Caldwell Wenzel & Asthana do not require any money upfront to start their cases. Additionally, the final fee for our services comes from the compensation payout we recover for you. If we recover zero, you pay zero.
How much is my child’s cephalohematoma claim worth?
It depends on the specifics of your child’s injury and its impact on your child’s and family’s lives. After meeting with an infant cephalohematoma attorney from our team, we will be better positioned to give you an idea of the compensation you might receive.
How long will it take my infant cephalohematoma lawyer to resolve my case?
It depends on the facts and circumstances of your case and claim. If you have a relatively straightforward case, your claim may not take more than a few months to resolve. However, complexities, which often arise in medical malpractice cases, can lead to longer care resolution times.
If your infant cephalohematoma lawyer must go to trial, you are likely looking at more than a year to complete your case.
Will my case go to trial?
It is not likely that your case will go to trial. Most birth injury cases, including cerebral palsy, Erb’s Palsy, and shoulder dystocia claims, are settled before the need for extensive litigation and courtroom appearances.
If your case does go to trial, it typically means that the insurance company is refusing to pay what it owes. When this occurs, you can expect our team to continue vigorously representing you until your case is resolved.
If you believe that a healthcare provider is to blame for losses related to infant cephalohematoma, you should be aware of important time considerations that control and affect your case.
First and foremost, there is a statute of limitations for infant cephalohematoma birth injury lawsuits. The provisions of the statute require infant cephalohematoma lawsuits to be filed by the child’s eighth birthday.
Alabama’s time limits are quite restrictive compared to other states, which allow children to bring their own infant cephalohematoma birth injury lawsuits once they are adults. Once the child reaches 8 years old, they likely no longer have a claim.
Contact our office and let a cephalohematoma birth injury lawyer in Alabama review your case. You deserve to know your options for justice. Call (251) 444-7000 for a free consultation and case review today.