If your newborn suffered a preventable birth injury in Louisiana, you may have the right to take legal action through a medical malpractice claim. These cases typically involve issues such as delayed responses during labor, failure to monitor fetal distress, or improper delivery techniques. Louisiana law requires a formal medical review panel before a lawsuit can proceed, and strict deadlines apply. A successful claim can help you recover compensation for medical bills, long-term care, and emotional distress. Working with an experienced attorney can help ensure your child’s needs are fully addressed.
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Welcoming a new baby should be a moment of joy. When a preventable birth injury occurs, however, families are left reeling. At Capitelli & Wicker, based in New Orleans, we support parents across Louisiana who are navigating the aftermath of birth injuries caused by medical negligence. Whether your child experienced nerve damage, oxygen deprivation, or another serious complication, you have the right to seek answers and legal recourse.
Our firm routinely handles medical malpractice cases involving catastrophic birth injury, surgical mistakes, and diagnostic failures. These claims often fall under the Louisiana Medical Malpractice Act, which lays out a strict process including mandatory review by a medical review panel before a lawsuit can be filed.
Because of Louisiana’s medical malpractice cap, calculating the true value of your child’s injury requires legal strategy and long-term foresight. Our team is here to help you take action and to do so within the state’s statute of limitations.
Common Types of Preventable Birth Injuries
Birth injuries that may give rise to a legal claim include:
- Cerebral palsy caused by oxygen deprivation during delivery
- Brachial plexus injuries from shoulder dystocia
- Brain bleeds or skull fractures from forceps or vacuum use
- Untreated infections passed from mother to baby
- Failure to perform a necessary emergency C-section
Each of these conditions can stem from failures in fetal monitoring, improper use of delivery tools, or delays in diagnosis. In some cases, physicians may have performed procedures that were not medically necessary, similar to concerns raised in surgical error and misdiagnosis claims.
First Step: Request Medical Records and Evaluate the Injury
Before taking legal action, parents should request complete medical records from the hospital or birthing center. These records will be essential in determining whether the injury was caused by a preventable error. Our attorneys work closely with medical experts to evaluate whether a healthcare provider failed to meet the standard of care.
In some situations, liability may also extend to hospital systems or third parties, particularly if defective equipment or understaffing played a role.
Filing a Claim Under the Louisiana Medical Malpractice Act
To file a medical malpractice claim in Louisiana, the process begins with submitting your case to a medical review panel. This panel of healthcare professionals will review the evidence and issue an opinion about whether malpractice occurred. Although their decision is not legally binding, it often plays a major role in how the case proceeds.
More on this process can be found in our post about navigating medical malpractice law in Louisiana.
Damages You May Be Able to Recover
While damage caps apply to most medical malpractice cases in Louisiana, you may still be able to seek compensation for:
- Past and future medical bills
- Long term care and therapy
- Assistive devices and home modifications
- Pain and suffering
- Emotional trauma and loss of quality of life
Knowledgeable Birth Injury Lawyers in New Orleans, Louisiana
Our team is known across Louisiana for our skill in complex litigation, including landmark victories such as the Louisiana Supreme Court ruling that upheld patient rights in malpractice cases. We are also experienced in cases where anesthesia errors or hospital negligence cause infections or amputations.
At Capitelli & Wicker, we are committed to helping families pursue justice and long-term support. Our experienced attorneys will listen to your story, evaluate your options, and provide the skilled representation your case deserves.
FAQs: What Legal Steps Can I Take in Louisiana if My Newborn Has a Preventable Birth Injury?
- What qualifies as a preventable birth injury in Louisiana?
A preventable birth injury is harm to a newborn that could have been avoided with proper medical care. This may include brain damage, nerve injuries, fractures, or oxygen deprivation caused by delayed responses or medical errors during labor and delivery. - Can I file a lawsuit immediately after discovering the birth injury?
No. In Louisiana, medical malpractice cases must go through a medical review panel before a lawsuit can be filed. This process involves a panel of medical experts reviewing the case to determine whether malpractice occurred. - How long do I have to file a birth injury claim in Louisiana?
Louisiana has a one-year statute of limitations for medical malpractice claims, starting from the date the injury was discovered or should have been discovered. However, there may be exceptions for minors, so you should speak to an attorney as soon as possible. - What types of compensation can I seek in a birth injury case?
You may be able to recover compensation for medical expenses, future treatment and care, therapy, pain and suffering, emotional distress, and loss of enjoyment of life. - Do I need medical evidence to prove malpractice?
Yes. These cases typically require expert testimony to establish the standard of care and show how the provider’s actions fell short of that standard. Medical records and other documentation are also essential. - How can an attorney help with a birth injury case?
An experienced birth injury attorney can guide you through the complex legal process, gather the necessary evidence, work with medical experts, and advocate for full and fair compensation on your behalf.
