A birth injury is an unexpected, tragic, and life-changing event. Some birth injuries are caused by the negligence of doctors or nurses and you may have legal rights resulting from such injuries. You will need an experienced birth injury attorney to help you understand your options and to pursue your rights.
At Robert P. Schuster P.C., Attorneys at Law, we’re here to help. Although we are based in Jackson, Wyoming, we have represented families throughout the country who have suffered the tragedy of birth injuries. We’re here to help you understand and exercise your legal rights.
Birth Injury Attorneys---Based in Wyoming, Working Nationwide
Bob Schuster and our entire legal team believe that our medical-legal expertise and continuous client communication allows us to provide the best available legal guidance. If you have suffered an unexpected birth outcome, we invite you to contact us to learn how we can help. No one will be more committed to getting the legal help needed when an unexpected injury tragically occurs.
How Are Money Damages Awarded for a Birth Injury?
Birth injuries can cause a lifetime of extreme financial hardship. Although money is never a substitute for a healthy, happy, child, the legal process can provide financial compensation if a birth injury is caused by medical negligence. Negligence does not mean intentional wrongdoing---it means that a health care provider made an error that a professional in his or her position should not have made. It may also mean that a piece of medical equipment failed to function properly.
Often, the cause of a birth injury is not immediately known. We investigate thoroughly to find the answers. Far too often, health care providers are not forthcoming when it comes to acknowledging mistakes. We contact independent medical experts to review the medical evidence and we use the legal process to obtain records and statements from those who will not cooperate.
When necessary, we file claims in courts around the country. We pursue claims through the legal process, which includes gathering evidence, making proper legal filings, negotiating a resolution where possible, and presenting jury trials where fair settlement is not possible.
Most cases resolve without going to trial, but we’re always prepared to present your case to a jury when that is the only way a fair result can be reached. Our goal is to work with you to make the best decisions for you and your child.
What are some common birth injuries?
- Cerebral palsy
- Mental and physical delays from head trauma
- Brachial plexus
- Erb’s palsy
- Hypoxic ischemic encephalopathy (HIE) - oxygen deprivation
- Premature birth
Do I Have a Birth Injury Claim Under Wyoming Law?
To have a birth injury claim in Wyoming, you must prove that you received care that was below accepted, professional, medical standards I.e. medical malpractice. You must show also that the poor care resulted in injuries to you or your child. Doctors have an obligation to do their jobs adequately and professionally. When they fail to do their job, and the result is that it hurts their patients, they’re legally liable to pay for the damage they cause.
Not all birth injuries result in grounds for a lawsuit. If the doctor does his or her job well and harm still occurs, there’s no liability under Wyoming law. It’s when the doctor is negligent, reckless or when intentional behavior produces the birth injury that you can bring a claim for compensation under Wyoming law.
What Can I Recover in a Lawsuit Because of a Birth Injury?
If you or your child is the victim of a birth injury, you can request compensation in a range of categories. The types of damages that you can claim in a birth injury case include:
- Medical bills in the immediate aftermath of the injury
- Medical bills for the rest of the child’s life because of the injuries
- Costs for medical assistance like wheelchairs and walkers
- Compensation for physical pain
- Costs for occupational therapy and other interventions
- Expenses related to care for the child as they grow
- Fair compensation for emotional suffering and anguish
Compensation for disabilities
In some cases, the punitive damages that you can claim for your child’s birth injury is meant to put you and your child in the same position, financially and emotionally, that you would have been in if the injuries hadn’t occurred. With that as the goal, it’s not a surprise that the types of compensation you can claim are expansive. Even though financial compensation can’t undo what’s happened, it can give you peace of mind and help your loved one and your entire family after a tragic birth injury occurs.
Are There Limits on Damage Awards for a Birth Injury Lawsuit in Wyoming?
There are no limitations on awards for a birth injury lawsuit in Wyoming. Even though some states put a limit on how much doctors have to pay when they cause injuries because of negligence and reckless conduct, Wyoming allows birth injury victims to claim fast compensation for the full range of the damages they suffer because of a birth injury.
Is There a Time Limit to Bring a Claim for a Birth Injury in Wyoming?
Yes, there’s a time limit to bring a claim for a birth injury in Wyoming. You generally have two years after the child’s eighteenth (18) birthday to bring the claim under Wyoming Statutes 1-3-107.
Who Can I Bring a Claim Against If My Child Suffers a Birth Injury in Wyoming?
When your child is the victim of a birth injury in Wyoming, it’s important to explore all healthcare providers who may be responsible. Certainly, the person directly responsible for the negligence, reckless or intentional conduct that hurts your child should be someone who you consider bringing your claim against. In addition, you may be able to bring your claim against the hospital involved in your claim and in some cases, the manufacturer of medical devices involved.
When medical professionals work on behalf of a hospital or other medical organization, the hospital or organization may ultimately be liable for the actions of their employees. An employer has an obligation to hire, train and monitor only qualified professionals. When they fail in their duties, and a birth injury occurs, both the individual and the organization as a whole may be responsible.
What Is the Wyoming Medical Review Panel?
The Wyoming Medical Review Panelis a panel that reviews medical malpractice claims in Wyoming including birth injury cases. Wyoming statute 9-2-1518 creates the panel to review medical malpractice claims before they’re officially filed in state courts. As the victim of the birth injury, you must submit a description of what actions amount to medical malpractice. You must identify the names of those involved.
After the medical professionals respond and you have a chance to respond, the panel votes on whether they think you have a medical malpractice claim. Their decision isn’t binding.
Should I Hire a Birth Injury Attorney?
A birth injury can leave you feeling angry and uncertain. Our experienced attorneys can help sort out anger and understand medical errors with the goal of helping you reach the best possible result for your specific circumstances.
Our experience helps to maximize compensation by claiming all types of damages to which you may be entitled.
How Much Compensation Is Available?
Our potential clients are often surprised to learn that the value of claims is much greater that expected. Compensation can include past and future medical bills as well as lifetime expenses involved in caring for severely injured children.
Most states do not limit money damages for birth injury claims, but some states do. Most states allow additional amounts for pain and suffering and emotional distress. We will make claim the for full value of all damages that that the law allows.
What About Attorney’s Fees and Costs of a Lawsuit?
Our goal is to help you. Our fee agreements are simple and easy to understand. We charge a contingency fee, which means that there is no charge in advance for our legal services and we collect our fee from the amount we recover for your claim. We will advance the costs needed to properly handle your case, to the maximum extent the law allows. We’re confident you’ll find that you can’t afford not to work with our birth injury attorneys.
We have big-city skills and mountain-town manners. Please call us at (307) 732-7800 and let us show you what sets us apart.
How Our Wyoming Birth Injury Attorneys Can Help
Are you wondering about a birth injury your child may have suffered? Do you want to know what your options are after a birth injury? Bob Schuster and Brad Brooke are leaders in birth injury litigation in Wyoming. They work to help deserving families find relief and a path to their future. Contact Robert P. Schuster, P.C. and his skilled legal team today to begin working on your case.