Wisconsin Birth Injury Lawyer

Helping Families Seek Justice All Over Wisconsin

The birth of a child is a wonderful moment and a chance to celebrate the beauty of new life in the world. Sadly, not all births are joyous. There are unfortunate cases of injuries to newborns that can have serious and possibly even lifelong effects on their growth and development. 

If your family has been devastated due to a preventable birthing injury or pregnancy complication, it is important to understand your legal options. The attorneys at Bye, Goff & Rohde can offer you support and legal counsel during this difficult time.

Serious injuries to your child need serious lawyers. To request a free consultation with experienced Wisconsin birth injury lawyers, contact Bye, Goff & Rohde today. You can also reach our offices by phone at (715) 425-8161.

Understanding Birth Injuries

According to an analysis from the Journal of Pediatrics, birth injuries occur in roughly 31 out of every 1,000 hospital births. While scalp injuries comprised 80% of all birth injuries, there are still approximately 5 major birth traumas for every 1,000 hospital births.

Major birth injuries can have serious effects on a child’s growth, development, cognition, mobility, physical appearance, and mental health.

Birth Injuries vs. Birth Defects

While some people tend to think of birth injuries and birth defects as similar issues, they’re actually distinct from one another.

• Birth defects are genetic or congenital conditions that could affect a baby’s development. Birth defects occur during fetal development and are not caused by medical errors.
• Birth injuries are the kinds of trauma to a baby or a mother that occur because of a medical team’s negligence.

Potential Causes of Birth Injuries

Birth injuries have numerous potential causes. Some of the most common reasons they occur include:

• Issues Monitoring Fetal Health: If a doctor fails to react or respond to signs of fetal distress or potential harm to a baby during delivery, this could contribute to all kinds of birth injuries.
• Issues Monitoring a Mother’s Health: Similarly, doctors may fail to recognize or respond to issues with a mother’s vital signs or complaints of pain, which could be a sign of a problem during delivery.
• Difficult Labor: A difficult birth could mean a long time spent in labor, the umbilical cord getting wrapped around a baby’s neck, and problems with the baby’s position in the birth canal.
• Shoulder Dystocia: A form of difficult labor, shoulder dystocia occurs when one or both of a baby’s shoulders get caught in the pelvis during childbirth. This can lead to shoulder injuries and oxygen deprivation.
• Delayed Cesarean Section: When labor is difficult or there are signs of fetal distress, a C-section can help with delivery. Delaying a C-section or failing to perform a C-section could lead to serious birth injuries.
• Extraction Complications: For difficult deliveries, some doctors may use a vacuum extractor or forceps to help with childbirth. Improper use of these tools could lead to serious injuries.

How Long Do I Have to File a Birth Injury Lawsuit?

Per Wisconsin Statute § 893.54, you typically have three years from the date of the incident to file a birth injury lawsuit. Once that three-year statute of limitations has passed, you will no longer be able to take legal action.

Exceptions to the Three-Year Deadline

There are exceptions to this three-year statute of limitations. Since birth injuries may not be immediately apparent, the discovery rule may apply. In these situations, the statute of limitations begins when the birth injury is discovered.

Even though you have up to three years, it’s best to speak with our Wisconsin birth injury attorneys as soon as possible. The team at Bye, Goff & Rohde can start building a case and seeking compensation for the different ways the injury has affected and will affect your child’s growth, development, and quality of life.

Speak with Our Wisconsin Birth Injury Attorneys Today

Do not delay. As soon as you notice any worrying signs about the health or development of your baby, you need to speak with a doctor and start considering legal options.

Our attorneys have more than 180 years of legal experience, and we are prepared to take on medical professionals who failed to provide proper care. To request a free consultation with experienced birth injury lawyers in Wisconsin, contact Bye, Goff & Rohde today. You can also call our law offices at (715) 425-8161.

Common Types of Birth Injuries

Below are just a few examples of birth injuries. The Wisconsin attorneys at Bye, Goff & Rohde are ready to take on negligent medical professionals and medical facilities for any role they played in your baby’s injuries and long-term physical and mental development.

Perinatal Asphyxia

Perinatal asphyxia occurs when a newborn does not get enough oxygen before, during, or just after childbirth. Oxygen deprivation at a critical moment of life can lead to brain damage and dysfunction of numerous vital organs.

Cerebral Palsy

Cerebral palsy refers to a group of conditions that can affect a person’s posture, speech, and movement. There’s been some debate in the medical community about whether injuries during childbirth are a major cause or contributing factor to cerebral palsy. 

Brachial Plexus Injuries

The brachial plexus is the network of nerves that sends signals from the spine into the shoulders, arms, and hands. Injuries to these nerves during a difficult childbirth can lead to weakness in the arms. Examples of brachial plexus injuries include Erb’s Palsy and Klumpke’s Palsy.

Skull and Scalp Injuries

During some deliveries, a newborn may experience injuries to the scalp and skull due to the use of a vacuum extractor or forceps. More serious injuries could cause brain damage and disfigurement.

Facial Paralysis

When forceps are used too forcefully during childbirth, they could damage the nerves in a baby’s face. This can lead to varying degrees of facial paralysis.

Fractured Bones

In addition to skull fractures, some deliveries could lead to other broken bones in the newborn. Clavicle fractures are among the most common infant broken bone injuries, though newborns may also suffer from broken arms and legs. When doctors fail to notice and treat these injuries, it can lead to serious pain and other health issues for the baby.

Jaundice/Kernicterus

Jaundice is when there is too much bilirubin in a baby’s blood. The condition tends to go away on its own with proper monitoring. Without proper care, jaundice could cause kernicterus, a potentially life-threatening accumulation of bilirubin in a baby’s brain.

Injuries to Mothers During Childbirth

Many attorneys focus on injuries to newborns during delivery, but childbirth can also cause serious health problems in mothers. Our birth injury attorneys in Wisconsin can help women who were seriously injured in the birthing process or due to poor monitoring after giving birth and suffering from issues related to:

• Preeclampsia
• HELLP Syndrome
• Pelvic fractures during childbirth
• Perineal tears and nerve damage
• Damage to the pelvic floor
• Uterine injuries

Warning Signs of Birth Injuries

Not all injuries may be apparent after your child is born. It can take days or weeks for some symptoms to manifest. In fact, you may not notice anything is wrong until your child starts to miss certain developmental milestones months after being born.

We encourage parents to be mindful of the following signs of injury in their baby. If you see any of the following symptoms, seek immediate medical attention and then speak with the Wisconsin birth injury lawyers at Bye, Goff & Rohde.

Immediate Warning Signs After Childbirth

In the first days or weeks after birth, note the following signs of birth injuries:

• Slow, rapid, or irregular breathing
• Low heart rate
• Paleness
• Yellow tint to skin
• Stiffness or weakness in the baby’s muscles
• Curled hands
• Seizures

Warning Signs That Develop After 12-24 Months

As your baby grows, note these additional signs of birth injuries:

• Difficulty eating or drinking
• Problems with coordination
• Problems with vision or hearing
• Difficulty crawling or walking
• Delayed speech and language development or other milestones
• Muscle spasms
• Poor muscle control

The Long-Term Effects of Birth Injuries

Birth injuries can have numerous long-term effects on a household. The child who was injured during birth will face a number of potential challenges as they grow up. Family members will also experience some struggles as they provide a caring and nurturing environment.

While working with families, our birth injury attorneys in Wisconsin have noted some of the long-term challenges they’ve faced in these situations.

Effects on Neurological and Cognitive Development

Any sort of brain damage or oxygen deprivation during childbirth could affect language development, developmental milestones, and psychological health. Some of these impairments could result in learning challenges and intellectual disabilities.

Effects on a Child’s Physical Development

Physical injuries during childbirth could result in limited mobility, weakness in certain limbs, issues with muscle tone, or problems with fine motor skills. Working with therapists can help children overcome these challenges or learn how to adapt despite physical limitations.

Effects on a Child’s Senses

Some birth injuries can have serious effects on a child’s five senses. If a child has impaired vision, impaired hearing, or difficulty with sensation due to nerve damage, they may need assistive devices or other tools to help interpret sensory information.

Effects on a Child’s Self-Esteem and Emotions

While children injured during childbirth grow up to lead wonderful and fulfilling lives, they may be subject to teasing or bullying as they grow up. A loving household can provide a great deal of support and resilience through these struggles, but these experiences could have lingering effects on a child’s confidence.

Impact on Parents and Siblings

In addition to the struggles faced by children injured during childbirth, parents and siblings may also face struggles. Caregivers may have to take time off from work or change their career goals to take care of their child. Siblings may similarly assist in helping with tasks around the home. While many families accommodate their children lovingly, the change in household dynamics and relationships cannot be denied.

Compensation in Birth Injury Lawsuits

As a new parent, you are already dealing with overwhelming expenses and a great deal of stress. If your child was injured during birth, the stress and expenses are generally much higher.

Our Wisconsin birth injury attorneys can review the many ways your family’s life has been affected. We can help you seek compensation for things like:

• Medical expenses and regular treatment costs
• Visits with medical specialists
• Pediatric speech therapy
• Pediatric occupational therapy
• Future physical rehabilitation costs
• Future specialized education needs
• Home care requirements
• Loss of income if you must remain at home to provide for the child or are unable to work
• Emotional distress
• Pain and suffering

As we work on your birth injury case, we’ll review any medical bills and other expenses related to the proper care for your child. By working with our law firm, we can help you understand the true value of your claim, including estimated future costs that stem from a birth injury.

Why Choose Bye, Goff & Rohde for Your Birth Injury Case

Families all over Wisconsin know that the lawyers at Bye, Goff & Rohde can provide strong legal counsel during challenging cases. We’ll hold negligent doctors and hospitals accountable if their actions caused harm to your child.

Serving Wisconsin Families Since 1974

Bye, Goff & Rohde has represented families all over Wisconsin for over 50 years. We’ve been around for decades because we focus on our clients, their families, their lives, and their stories.

More Than 215 Years of Combined Legal Experience

When you hire our law firm, you’re not just hiring a lawyer—you’re hiring an army. Our attorneys have more than 215 years of combined experience, and we will use that collective knowledge to build a strong case.

A Reputation for Great Legal Results

Our law firm has fought to secure maximum compensation for our clients. We encourage you to view our past verdicts and settlements to get a sense of what we can do for you and your family.

Families Don’t Pay Unless We Win

Treating a birth injury may involve expensive medical treatments and long-term care. To help families in need, we accept cases on a contingency fee basis. That means clients don’t pay us anything unless and until we can secure a settlement or win damages in court.

Contact Our Wisconsin Birth Injury Lawyer Law Firm

A birth injury can have lifelong repercussions. If your child was hurt because of a doctor’s negligent action or inaction, you can count on our attorneys for legal help. We’re ready to fight for you. For a free consultation with our birth injury lawyer Law firm in Wisconsin, contact Bye, Goff & Rohde today. You can also reach our law offices in Eau Claire, River Falls, and La Crosse by phone at (715) 425-8161.