Birth Injury Litigation in Oklahoma

Birth injuries fall under the general medical malpractice legal category. Under Oklahoma birth injury law, there are caps on non-economic damages with an obstetric physician, but there are no caps on actual damages. For example, if you could prove $10 million in damages for future medical care for your child, that is not capped.

Parts of a Successful Birth Injury Lawsuit

The claims can only be based on negligence that caused an injury, where the injury resulted as a direct or possibly indirect result of whatever the negligence was, and then damages occurred.

In an Oklahoma Erb’s palsy lawsuit or other birth injury lawsuit, birth injury lawyer Douglas A. Swim has to prove four things: 1) the defendant had a duty, 2) they breached their duty or provided substandard care, 3) this action or inaction caused the injury (called causation), 4) and the injury resulted in damages that we can prove.

Timing for Birth Injury Lawsuits

Sometimes, especially with the Erb's palsy or the brachial plexus palsy, doctors will suggest that parents give it time to see if the injury goes away or lessens somewhat. However, there is a danger in waiting too long— parents in Oklahoma only have two years after the date of birth to bring a lawsuit. Then the child can bring that claim to litigation until one year past their age of majority (19 years of age).

So if parents want to wait and see, six months is about the right amount of time. If the effects of the injury are not going away within about six months, then they probably really have a claim. And they probably really have a claim even if the child’s condition improves a little bit.

Cerebral and Erb’s Palsy Litigation

Cerebral palsy, abbreviated as CP, is an injury to the brain. The injury is usually because of a lack of oxygen to the brain for an amount of time, usually caused by constricted blood flow from the mother to the baby.

About two to three babies in every 1000 have cerebral palsy (March of Dimes) and about the same number have brachial plexus birth injuries or Erb’s palsy (United Brachial Plexus Network).

Cerebral palsy as a result of negligence ends up becoming a rather dramatic and drastic type of a negligent act. Cerebral palsy can cost almost $1 million for lifetime follow-up care of the injured child, so it is important to get legal advice about this important matter if your child is injured during birth.

Before You Meet With a Lawyer

It is important to be careful about disclosing facts about your birth injury case to those not directly involved in a possible Erb’s palsy, cerebral palsy, or birth injury lawsuit until after you've talked to your attorney. An attorney can help you decide how to approach the treating physician so that they don't put anything in their documentation that will hurt the case falsely and so that your child’s healthcare will be unbiased.

The following items are very helpful to bring along when you have your first meeting with a birth injury lawyer:

• Medical records from the prenatal care all the way through the delivery.
• Any medical records from when the pediatrician becomes involved at the point of delivery.
• School records that would show how this has contributed to the problems they're having at school, whether academic or social.
• Printed records from the external monitor that records contractions and the baby's heart rate and how the baby is reacting to those contractions, if you can obtain them. Both sides will use them to support their claims.
• Any potential witnesses, names, if you can remember nurses that were present, doctors or residents that were present, and others.
• A written list of events that is as complete as you can make it, including everything about the injury and the events after it, with times and dates if possible.

Contact Oklahoma birth injuries attorney Douglas A. Swim or call 866-687-9034 to learn how a caring and experienced Oklahoma birth injury law firm can help you navigate the legal system and get your child the support he or she needs.