Birth Injury Lawyer Eau Claire WI
Protecting the Rights of Parents and Children
While childbirth is generally safe today, mistakes can still happen. Each year, around 25,000 infants in the United States suffer birth-related injuries, and many of these injuries occur because a preventable medical error was made during pregnancy, labor, or delivery.
For more than 50 years, Bye, Goff & Rohde have supported families across Wisconsin who have been affected by injuries during childbirth. Our birth injury lawyer Eau Claire WI law firm has families themselves, so we understand the profound impact these injuries can have. We bring more than 215 years of combined legal experience to every case and are recognized as one of Wisconsin’s leading law firms.
Negligence in Birth Injury Cases
Not every birth injury is the result of medical negligence. While childbirth is generally safe today, complications can still arise even when the medical team does everything correctly. However, preventable birth injuries caused by improper decisions, delayed intervention, or poor monitoring during labor may amount to negligence. Here are some of the core principles that determine whether a birth injury claim is valid.
A Duty of Care Must Exist
A duty of care is established as soon as a medical professional agrees to provide care during pregnancy, labor, or delivery. This includes prenatal appointments, monitoring during labor, and the delivery itself. Once this relationship is formed, the provider must deliver treatment that meets the accepted standard of medical care for both mother and child.
There Must Be a Breach of the Standard of Care
A breach occurs when the medical team fails to provide the level of care that a reasonably careful doctor or midwife would have given. In birth injury cases, this often involves not monitoring the baby’s distress properly, delaying a necessary caesarean section, or using forceps or a vacuum extractor incorrectly.
Negligent Care Must Cause the Injury
The law requires clear evidence that the birth injury was caused directly by negligent care rather than an unavoidable medical complication. Establishing this connection often involves reviewing prenatal records, delivery notes, and fetal monitoring data.
Our birth injury attorneys in Eau Claire have handled many birth injury cases. We will review your situation in detail and work with reputable pediatric specialists to determine whether negligence contributed to your or your child’s injuries.
Common Types of Birth Injury Cases We Handle
Birth injuries can occur in many different ways. Unfortunately, medical institutions and insurers are not always forthcoming about what went wrong. At Bye, Goff & Rohde, we are committed to getting to the truth. Here are some of the most common types of birth injury cases we handle:
- Cerebral Palsy: Often linked to reduced oxygen levels during birth, which may result from delays in recognizing fetal distress or acting on critical warning signs.
- Brachial Plexus Injuries: Damage to the nerves controlling the shoulder and arm, commonly associated with shoulder dystocia and excessive force during delivery.
- Skull and Scalp Injuries: Injuries such as bruising, swelling, or fractures that can occur if forceps or vacuum extractors are used incorrectly.
- Facial Paralysis: Caused by pressure or trauma to facial nerves during delivery, leading to temporary or long-term facial weakness.
- Fractured Bones: Breaks that may occur during difficult or prolonged labor, especially where incorrect delivery techniques are used.
- Jaundice and Kernicterus: Serious conditions resulting from the failure to monitor or treat high bilirubin levels in a newborn.
All of these conditions can potentially result from medical negligence and may give rise to a birth injury claim.
Complications Caused by Birth Injuries
Birth injuries can have serious impacts on both the child and the mother. Understanding the precise nature of these complications is essential for establishing medical negligence and seeking the maximum birth injury compensation allowed under Wisconsin personal injury law.
Complications Affecting Children
Birth injuries may result in developmental delays, difficulty with movement or coordination, seizure disorders, and feeding challenges. Some children require long-term physical, occupational, or speech therapy to support their development. In more severe cases, a birth injury can lead to permanent disability and the need for lifelong care.
Complications Affecting Mothers
Mothers may also experience injuries linked to negligent prenatal or delivery care. These can include untreated infections, excessive blood loss, or trauma caused by delayed or improper intervention during labor. Such injuries can have lasting physical and emotional effects and may require significant medical treatment
At Bye, Goff & Rohde, you are much more than a case. We are a family-oriented law firm, and we fight to secure financial compensation that reflects your child’s suffering, your physical pain and suffering as the mother, your long-term needs, and the emotional distress your family has experienced.
Who Can Be Held Responsible for a Birth Injury?
Births are overseen by a prenatal care team, and more complex cases may require intervention from medical specialists and consultants. Several healthcare providers may have been involved in your prenatal care, labor, and delivery, which means more than one party may be responsible for your child’s injuries.
Our birth injury lawyers in Eau Claire will carefully review the involvement of the following key parties.
Doctors
Obstetricians and other attending physicians are responsible for monitoring both mother and baby, responding to signs of distress, and making timely decisions about interventions such as a cesarean section. Errors in judgment or delays in care can lead to preventable birth injuries.
Nurses and Midwives
Nurses and midwives play a central role in monitoring vital signs, tracking fetal heart rate patterns, and escalating concerns to the attending physician. Failure to detect or report warning signs can contribute to avoidable harm.
Anesthesiologists
Anesthesiologists oversee pain management and maternal anesthesia during labor. Mistakes in administering or monitoring anesthesia can create dangerous complications for both mother and child.
Labor and Delivery Teams
The delivery team must follow proper procedures when using forceps, vacuum extractors, or other delivery tools. Incorrect technique can result in serious injuries such as fractures, facial nerve trauma, or scalp injuries.
Hospitals and Birthing Centers
Hospitals and birthing centers in and around Eau Claire may be liable for inadequate staffing, equipment issues, unsafe policies, or failure to train their staff properly.
Understanding exactly who played a role in your care is the first step toward building a clear picture of what happened and how best to move forward with your birth injury claim.
Important Wisconsin Birth Injury Laws
The rules governing birth injury claims fall under Wisconsin’s medical malpractice laws. These laws determine whether your claim is valid, how long you have to act, and what evidence is required to prove negligence.
Here are some of the key birth injury laws to keep in mind:
- Time Limits: Medical malpractice claims must usually be filed within three years of the negligent act or within one year of when the injury should reasonably have been discovered. For birth injuries, Wisconsin allows additional time, and a child injured at birth may have until age 10 to bring a claim.
- Breach of the Standard of Care: You must show that the provider failed to act as a reasonably careful doctor, nurse, or midwife would have acted during pregnancy, labor, or delivery.
- Statutory Requirements: Birth injury claims fall under Wisconsin Statute § 655, which governs medical malpractice actions and outlines how healthcare providers can be held accountable for negligent care.
- Proof of Harm: The injury must result in measurable damage, such as physical injury to the child or mother, long-term medical needs, therapy costs, emotional distress, or reduced earning capacity in severe cases.
When our birth injury attorneys represent your case, we handle the legal steps so you can focus on your infant’s recovery. If a lawsuit is pursued, your filings will be prepared correctly and submitted within the required deadlines.
Birth Injury Compensation You May Be Able to Recover
Birth injury compensation is designed to support your child’s medical needs, your recovery, and your financial losses. The amount you may receive depends on the nature of the injuries, the impact on daily life, and the level of care your child requires. You may receive compensation for the following items.
Medical and Ongoing Care Costs
These include hospital treatment, specialist appointments, therapy, medication, and the cost of long-term or lifelong care. Children with cerebral palsy, brachial plexus injuries, or neurological complications often require continuous treatment.
Future Needs and Support
Compensation may cover adaptive equipment, mobility aids, home modifications, and educational support services that help your child live as independently as possible.
Lost Income and Financial Impact
Parents may lose income while caring for an injured child. In more severe cases, a child’s future earning potential may also be affected.
Pain and Suffering
Birth injuries can cause significant physical pain, emotional distress, and ongoing difficulties for both the child and the parents.
Our birth injury attorneys in Eau Claire will assess the full scope of your injuries and ensure that no valid avenue of birth injury compensation is overlooked.
Steps to Take After a Birth Injury
It is important to act as soon as you realize your birth injury may have been caused by medical negligence. The following practical steps will help you preserve the strength of your claim:
Collect Your Medical Records
Request copies of prenatal records, labor and delivery notes, fetal monitoring strips, and any postnatal treatment documents. These records help establish what happened and when. If obtaining them is difficult, our Eau Claire birth injury attorneys can request them on your behalf.
Document Your Child’s Symptoms and Treatment
Keep notes about your child’s diagnosis, symptoms, therapy appointments, and any changes in their development. Detailed documentation can help demonstrate how the injury is affecting your child’s daily life.
Avoid Speaking With Insurers
Hospitals and insurance companies may contact you for statements or quick settlements. It is safer to avoid these conversations until you have received legal guidance.
Contact a Birth Injury Lawyer
Prompt legal guidance ensures that deadlines are met and important evidence is preserved. Our birth injury team in Eau Claire can review your situation, explain your legal options, and advise you on the best next steps.
Birth Injury FAQs
At Bye, Goff & Rohde, we take pride in being available for our clients, addressing their concerns clearly, and providing ongoing legal support. Here are answers to some of the most common questions our Eau Claire birth injury lawyers are asked.
What if my baby’s symptoms did not appear immediately after birth?
Some birth injuries, including developmental delays or neurological issues, do not become apparent until months or even years later. You may still have a valid birth injury case. Our attorneys can review medical records and expert opinions to determine whether the injury may be linked to negligent prenatal, labor, or delivery care.
Can I bring a claim if my baby passed away due to a birth injury?
Losing a newborn is an unimaginable tragedy. If a preventable medical error resulted in your baby’s death, your family may be able to pursue a wrongful death claim. These cases can provide compensation for medical expenses, funeral costs, and the emotional impact of your loss.
What if the hospital says nothing went wrong?
Hospitals do not always acknowledge errors, and families are rarely given the full picture without independent review. Our birth injury lawyers can examine fetal monitoring data, delivery records, and expert opinions to determine whether medical negligence occurred.
Our priority is to find out exactly what went wrong during your child’s birth. If medical negligence was a factor, we will ensure that all responsible parties are held accountable.
Contact Our Birth Injury Lawyer Eau Claire WI Law Firm
We understand how deeply birth injuries affect families, and we are committed to providing the legal strength you need during this difficult time. Our attorneys bring more than 215 years of combined experience to every case. If you believe a preventable medical error harmed your child, now is the time to get answers. For a free consultation with our Eau Claire birth injury lawyers, contact our law firm today. You can also call us at (715) 425-8161.