WHEN A JOYFUL MOMENT TURNS INTO A LIFELONG CHALLENGE

New Orleans Birth Injury Lawyers: Seeking Justice for Your Child

A preventable injury during childbirth can change your family’s life forever. Our compassionate attorneys are dedicated to holding negligent medical professionals accountable and securing the resources your child needs to thrive.

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Understanding a Birth Injury: A Preventable Harm

A birth injury is any type of harm a baby suffers during the labor and delivery process. Unlike a birth defect, which typically develops during pregnancy, a birth injury is often the direct result of a medical professional’s mistake or negligence in the delivery room. These are not unavoidable tragedies; they are preventable events that fall under the complex area of medical malpractice.

At LKSA Law Firm, our New Orleans birth injury attorneys understand the profound emotional and financial toll these injuries take on a family. Our mission is to provide compassionate guidance while building a formidable case to secure your child’s future.

Common Medical Errors Leading to Birth Trauma

Doctors, nurses, and other delivery staff are held to a high standard of care. When they deviate from this standard, the consequences can be devastating. As experienced birth trauma lawyers, we investigate all aspects of the labor and delivery to identify negligence, which can include:

Our attorneys have played a role in many cases that have shaped maritime law, including those that defined:

  • Failure to Monitor Fetal Distress: Not recognizing or responding to signs that the baby is in trouble, such as a lack of oxygen.
  • Delayed or Improper C-Section: Waiting too long to perform a necessary Cesarean section, or performing it incorrectly.
  • Improper Use of Tools: Negligent use of forceps or a vacuum extractor, leading to head trauma or nerve damage.
  • Mishandling of the Birth: Using excessive force or improper maneuvers during a difficult delivery, such as one involving shoulder dystocia.
  • Medication Errors: Administering the wrong drug or an incorrect dosage to the mother or baby.

Our legal team has the knowledge to identify these critical failures and hold the responsible parties accountable.

Our Experience with Serious Birth Injury Cases

Our firm is equipped to handle the most serious and complex birth injury claims. We provide dedicated representation for families whose children have been diagnosed with conditions such as:

  • Cerebral Palsy (CP): A group of disorders affecting movement and muscle tone, often caused by brain damage from oxygen deprivation during birth.
  • Hypoxic-Ischemic Encephalopathy (HIE): A type of brain damage that occurs when an infant’s brain doesn’t receive enough oxygen and blood.
  • Erb’s Palsy / Brachial Plexus Injuries: Nerve damage affecting the shoulder, arm, and hand, often caused by excessive pulling during delivery.
  • Brain Hemorrhages and Hematomas: Bleeding in or around the brain, frequently caused by trauma from delivery tools.
  • Facial Paralysis and Fractures: Physical injuries resulting from a difficult or improperly managed birth.

Many of these conditions are considered a catastrophic injury, requiring a lifetime of care and support.

Pursuing the Financial Resources Your Child Will Need for Life

A birth injury claim is about securing your child’s future. The compensation we pursue is designed to cover a lifetime of needs and challenges. Our firm works with medical professionals and life care planners to accurately calculate the full cost of a birth injury, which may include:

  • Lifetime Medical Care: All future surgeries, doctor visits, therapies (physical, occupational, speech), and medications.
  • Assistive Devices and Technology: Wheelchairs, braces, communication devices, and other necessary equipment.
  • Home and Vehicle Modifications: Ramps, lifts, and other accessibility needs.
  • In-Home Care and Assistance: The cost of skilled nursing or personal care.
  • Lost Earning Capacity: The income your child will be unable to earn over their lifetime.
  • Pain, Suffering, and Loss of Enjoyment of Life.

Choose LKSA: Elite Trial Lawyers for Complex Medical Negligence Cases

Birth injury cases are among the most complex in medical malpractice law, demanding a legal team with exceptional skill and resources. At LKSA Law Firm, our attorneys are not just experienced; they are recognized by their peers as leaders in the field.

New Orleans birth injury attorney
  • Over a Century of Combined Experience: With more than 130 years of combined legal experience, our attorneys bring a depth of knowledge to every birth injury case. This long history means we have encountered a vast range of complex medical and legal challenges and have the strategic insight to navigate them effectively.
  • Peer-Recognized Leadership: David Abramson was twice selected by his peers to serve as the Chair of the Medical Malpractice Section of the Louisiana Association for Justice (LAJ), demonstrating a trusted reputation and deep understanding of this specific area of law.
  • A Record of Significant Results: We have a proven track record of securing substantial compensation in complex medical negligence cases. For example, in a medical malpractice case involving a birth that resulted in brain damage, our firm secured a settlement of $1,966,000 plus the cost of future custodial care.
  • A Compassionate, Client-Focused Approach: Beyond the accolades, our focus remains on our clients. We understand the immense emotional and financial strain your family is under, and we are committed to providing clear communication and supportive guidance at every step of the legal process.

When you choose LKSA, you are choosing a firm with the credentials, the record, and the compassionate approach necessary to fight for your child’s future.

Birth Injury FAQs: Your Questions Answered

As a parent, you have urgent questions. Here are some inquiries commonly answered by our New Orleans birth injury attorney team:

This is the most critical question. A birth injury happens during labor/delivery, while a defect develops during pregnancy. Our legal team, in collaboration with medical professionals, will conduct a thorough review of all prenatal and delivery records to determine if a medical error occurred and caused your child’s harm.

We handle all birth injury cases on a contingency fee basis. This means you pay absolutely no upfront costs for our services. We only receive a fee if we successfully recover compensation for your child.

The deadlines (statute of limitations) for medical malpractice cases involving minors are complex. Generally, you have two years from the date of the malpractice, but there are exceptions for children. It is absolutely critical to speak with an attorney as soon as you suspect an injury to protect your child’s rights.

Initial settlement offers from insurance companies almost never account for the true lifetime cost of a serious birth injury. They are designed to resolve the claim quickly and for the lowest amount possible. An experienced birth injury lawyer will build a case based on a comprehensive life care plan to ensure any settlement covers all future needs.

Have More Birth Injury Questions? Contact Us.

Your Family Deserves Answers. Let Us Help You Find Them.

Finding out your child suffered a preventable injury is devastating. You deserve to know what happened and to have the resources to provide the best possible life for your child. Contact Lewis, Kullman, Sterbcow & Abramson, LLC today for a free, confidential consultation. Let our dedicated birth injury lawyers provide the compassionate support and formidable advocacy your family needs.

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