Montana Birth Injury Lawyers

Compassionate Representation for Injured Children and Their Families

Negligence by a doctor or nurse in the delivery of a child can create devastating injuries to mother and baby. If your son or daughter suffered a birth injury as a result of malpractice, Hoyt & Blewett PLLC is here to help you hold the at-fault party or parties accountable.

Too often, malpractice insurance providers drastically undervalue claims, delay payment, or attempt to deny their client’s responsibility. They have teams of investigators and attorneys who are paid to protect their employer’s interests.

Call Hoyt & Blewett PLLC today at (406) 233-1302 or contact us online to schedule a meeting with our birth injury attorneys in Montana!

Why Entrust Your Case to Our Firm?

Our Montana birth injury attorneys are here to level the playing field on behalf of injured children and their families. Our lawyers have over 100 years of collective experience in injury law. We fight to stop the exploitation of the injured by money-motivated insurance companies and corporations. In birth injury cases, our goal is to recover compensation that will provide for a child’s lifelong care.

As Montana birth injury lawyers, we represent families whose children have been diagnosed with:

• Cerebral palsy
• Developmental delays
• Brachial plexus injuries
• Erb’s palsy
• Klumpke’s palsy
• Mental retardation
• Hypoxic-anoxic brain injuries

We also help families who have suffered the tragic loss of mother or baby during or after childbirth.

What Is a Birth Injury?

A birth injury may be described as some type of physical trauma sustained before, during, or after labor or delivery. While some birth injuries cannot be prevented and are not related to medical malpractice, others occur due to substandard care by one or more medical professionals involved in labor or delivery.

The following are examples of negligence that could lead to birth injuries:

• Delayed C-section
• Failure to diagnose an infant that is too large to safely pass through the birth canal
• Improperly managing shoulder dystocia
• Failure to diagnose preeclampsia or other serious conditions in the mother
• Improper use of forceps or vacuum in an instrument-assisted delivery
• Medication errors involving mother or baby
• Failure to properly monitor an infant during labor or delivery
• Failure to recognize the signs of fetal distress

Understanding the Long-Term Impacts of Birth Injuries

Birth injuries can have profound and lifelong effects on a child's development and quality of life. Children who suffer from conditions such as cerebral palsy, developmental delays, or hypoxic-anoxic brain injuries often require extensive medical care, therapies, and specialized educational support. These needs can place significant financial burdens on families, requiring ongoing resources for physical therapy, speech therapy, and, in some cases, assistive technologies to aid mobility and communication. Families must understand that pursuing legal action seeks compensation for current medical expenses and addresses future needs. An experienced birth injury attorney can help calculate the comprehensive costs associated with a child's care throughout their lifetime. These extensive needs highlight the critical importance of understanding the various costs associated with caring for a child who has experienced a birth injury. The following factors exemplify the financial and supportive requirements families may face:

• Financial Burdens: Ongoing medical expenses, therapies, and assistive technologies can be costly.
• Need for Specialized Care: Many injured children require physical and occupational therapy tailored to their conditions.
• Educational Support: Specialized educational plans may be necessary to help children thrive in school.
• Future Care Considerations: Legal action should include long-term care and potential lifetime expenses.

Types of Damages Recoverable in a Birth Injury Claim

When pursuing a birth injury claim, families may be entitled to various types of damages aimed at compensating for the physical, emotional, and financial hardships caused by medical negligence. These damages can include:

• Medical Expenses: Compensation for present and future medical costs associated with the injury, which may encompass surgeries, treatments, medications, and rehabilitation services.
• Pain and Suffering: Payment for the physical pain and emotional distress experienced by both the child and the family as a result of the injury.
• Lost Wages: If a parent needs to take time off work to care for a child with a birth injury, they may claim compensation for lost income.
• Special Education Costs: Families may seek damages for the expenses associated with special education services or therapies required due to developmental delays or disabilities.
• Home Modifications: If the child requires home modifications (such as wheelchair ramps or specialized equipment), these costs can be included in the claim.
• Loss of Enjoyment of Life: Compensation for the reduced quality of life experienced by the child and family, including limitations on activities or relationships.

Understanding these potential damages is crucial for families seeking appropriate compensation to help ensure their child’s ongoing care and quality of life. At Hoyt & Blewett PLLC, we are committed to helping families navigate this process and secure the damages they deserve.

Guiding Families Through the Birth Injury Claim Process

Navigating a birth injury claim can be a daunting experience for families facing the challenges of caring for an injured child. The process requires careful attention to detail and a thorough understanding of the legal landscape. To effectively pursue a claim, it's essential to follow specific steps that establish the connection between medical negligence and the injury and demonstrate the long-term impacts on the child's future. Below are the critical steps involved in this process:

• Gathering Evidence: Begin by collecting medical records and expert testimonies to establish a direct connection between medical negligence and the injury sustained by your child.
• Assessing Long-Term Impacts: Families must demonstrate how the injury will affect their child's future, often requiring detailed evaluations from healthcare professionals specializing in the child’s condition.
• Navigating Emotional Challenges: Recognize that navigating this process can be daunting for families who are already dealing with the emotional and physical burdens of caring for a child with an injury.

At Hoyt & Blewett PLLC, our attorneys provide compassionate guidance. We ensure families are informed and supported at every step, dedicated to advocating for your child's rights and securing the necessary compensation for their care and development.

Contact Our Montana Birth Injury Attorneys Today

Birth injury claims are complex and difficult to prove. This does not deter Hoyt & Blewett PLLC. With our experience in this field and our commitment to protecting our clients’ rights, we can effectively litigate the most complicated medical malpractice cases. We are unafraid to stand up to insurance providers and medical facilities and have built a national reputation as competent trial lawyers.

Contact Hoyt & Blewett PLLC today to schedule a meeting with our birth injury lawyers in Montana!