Phoenix Birth Injury Attorneys

We Care About Your Child’s Future

When a preventable birth injury changes your child’s life, it can leave your family feeling devastated and uncertain about the path forward. At James Wood Law, we understand the emotional and financial challenges these injuries cause. Our experienced team of birth injury attorneys, including our In-House Medical Consultant, are dedicated to helping families in Phoenix pursue justice and secure the resources they need to give their child the best possible future.

With our practically unparalleled knowledge of Arizona’s liability laws and a proven track record in medical malpractice cases, we are ready to guide you through this process from start to finish and always with genuine compassion. Trust us to be your legal champions and take on any defendant, including large healthcare corporations, while you focus on your family.

We’re standing by. Call (888) 579-3866 and ask for a no-cost case review today.

Different Forms of Birth Injuries

Birth injuries that are among the more common forms include:

• Cerebral palsy (CP): Caused by oxygen deprivation, this condition often leads to impaired motor skills and muscle tone.
• Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by inadequate oxygen supply during labor or delivery.
• Brachial plexus injuries or Erb’s palsy: Nerve damage affecting the shoulder or arm due to excessive pulling during delivery.
• Fractures: Skull fracture from improper delivery techniques.
• Facial damage: Often caused by forceps misuse, leading to facial paralysis.
• Subgaleal hemorrhage: usually caused by improper vacuum extraction technique.

Mistakes That Cause Birth Injuries

Birth injuries are often the tragic result of preventable medical errors or healthcare system failures. While complications during childbirth are possible, birth injury cases deal with incidents when proper medical care could have prevented serious harm to the newborn or mother but was not provided for one reason or another. Do you think a medical provider failed to give you and/or your child the medical care that was owed to you? Let James Wood Law in Phoenix know right away.

We can work on birth injury cases that involve these types of medical negligence and more:

• Failure to monitor: Medical staff may fail to detect signs of fetal distress or complications during labor or delivery.
• Delayed C-Section: Delaying an emergency C-section can lead to oxygen deprivation or other trauma. Surgical errors during a C-section can also cause serious injuries to the mother and child.
• Improper use of medical equipment: Tools like forceps or vacuum extractors, when misused, can cause physical trauma to the baby.
• Medication errors: Administering the wrong medication or dosage to the mother during labor can harm both mother and child.
• Negligence during prenatal care: Failure to diagnose or treat conditions like gestational diabetes or preeclampsia increases the risk of birth injuries. Failure to monitor fetal heart rate or adequate fetal movement also creates a significant risk of injury to the unborn baby.

Damages in an Arizona Birth Injury Case

Money cannot undo what happened to you and your child. A financial recovery made possible by a claim or lawsuit, though, can help you get your finances back in order. For some families, the only way to pay for necessary future care and specialized treatments for their child is by succeeding in a birth injury claim, so it is always worth exploring the option, at no out-of-pocket cost to you.

If you can file a birth injury claim, you might be able to demand compensation that helps pay for:

• Economic damages: Medical expenses for surgeries, therapy, medications, and adaptive devices; long-term care costs, including specialized education and home modifications; lost income for parents who must leave work to care for the injured child.
• Non-economic damages: Pain and suffering endured by your child as a result of the injury; emotional distress experienced by your family; loss of quality of life for your child.

Statute of Limitations on Arizona Birth Injury Cases

Arizona law generally allows parents to file a birth injury claim on behalf of their child until the child’s 18^th birthday. However, in some cases, a shorter two-year statute of limitations could apply instead, so it is highly recommended to act quickly and assume you don’t have too much time to get a case started. We recommend that you at least arrange a free consultation with our firm as soon as you have time. During the consultation, we will be able to determine how much time you have to file a claim. 

Why Some Birth Injury Cases Go to Trial

While many birth injury cases are resolved through settlements, there will always be cases where litigation becomes necessary.

A birth injury case might be more likely to end up going to trial if it involves:

• Disputed liability: When the healthcare providers or their insurers refuse to accept any responsibility for the birth injury, going to trial may be necessary.
• Complex evidence: Cases involving multiple defendants or disputed medical evidence may require a trial to clarify and prove negligence.
• Insufficient settlement offers: If settlement offers do not fully cover your child’s needs or reflect the extent of damages, litigation will allow you to demand the right amount.

The good news is our seasoned Phoenix birth injury trial lawyers at James Wood Law prepare each case to be ready to go to court on a client’s behalf. This proactive strategy can strengthen our position during settlement negotiations while also keeping the case courtroom-ready if necessary. Our team is passionate about fighting for justice and holding negligent parties and healthcare systems accountable, no matter how challenging the case may be.

Contact James Wood Law Today to Start a Claim

What should you do if your child suffered a birth injury that you think could have been prevented? Reach out to James Wood Law in Phoenix, Arizona. Our trial-ready team can review your case and explain your options, but first, you have to let us know what happened. With free consultations and our reputation for providing truly compassionate legal counsel, there is never a bad time to talk to us.

Please dial (888) 579-3866 now, so we can discuss your potential birth injury case.

Birth Injury FAQ

• What should I do if I suspect my child’s injury was caused by medical negligence?
  If you believe medical negligence contributed to your child’s injury, you should reach out to James Wood Law. Typically, during an initial consultation, our team, including our In-house Medical Consultant, will provide you an opportunity to describe the events surrounding your experience and give guidance as to the next steps, including obtaining the medical records for further investigation. 
• Are there limits to the compensation I can receive in Arizona?
  Arizona does not impose caps on the amount of compensation you can receive for economic or non-economic damages in medical malpractice cases, including birth injury claims. This allows you to pursue full compensation for medical expenses, pain and suffering, and other damages, depending on the specifics of your case.
• What happens if the healthcare provider denies responsibility for the injury?
  If the healthcare provider denies fault, it may become necessary to prepare an in-depth case using expert testimony and detailed evidence to prove negligence. At James Wood Law, we assume that most healthcare providers won’t admit fault, which is why we prepare every case for court from the beginning.