Biloxi Birth Injury Lawyer

Birth injuries, both those suffered by newborns and by mothers giving birth, can be traumatic and far too often result in lifelong issues. While some birth injuries can heal over the course of weeks or months, others cause permanent damage and even death.

According to the Centers for Disease Control and Prevention (CDC), more than 20,000 infants die due to birth injuries every year. In many cases, these deaths and injuries could have been prevented with proper medical care.

If you or your loved one suffered a serious birth injury, you may be able to take legal action to fight for the compensation you deserve. With potentially massive medical bills, ongoing care, rehabilitation, and more, you shouldn’t be saddled with covering the costs of someone else’s mistake.

At Owen, Owen & Smith, PLLC, we have spent decades fighting for the rights of injured victims throughout the state. Contact our Gulfport birth injury lawyer today to learn more about your legal options.

Common Birth Injuries in Mississippi

Mississippi has the highest rate of infant fatalities in the entire country since 2016, according to the CDC. More than 9 in 1,000 live births ended in infant mortality in 2022, for a total of 316 deaths that year. Many more suffered birth injuries that, while they didn’t result in death, resulted in serious injuries. The most common birth injuries infants suffer include:

  • Birth defects. There are a range of conditions that qualify under this category, including Down syndrome, cleft lip and palate, diaphragmatic hernia, cerebral palsy, brachial plexus injuries (Erb’s palsy), and more.
  • Preterm birth and low birth weight. Premature births become more likely when certain conditions are present, including when the mother has a history of preterm births, teen pregnancies, pregnancies in women over the age of 35, mothers with an infection, tobacco and drug use, high blood pressure during pregnancy, and more. Doctors should be aware of and on the lookout for warning signs in order to take the proper steps to care for a preterm birth.
  • Sudden unexpected infant death (SUID) and sudden infant death syndrome (SIDS). There are a range of factors that can lead to these fatal conditions, including overheating while sleeping, improper sleeping surfaces, smoking during pregnancy, a lack of prenatal care, and more.
  • Complications during the pregnancy. Any number of factors during the pregnancy could lead to an increased risk of a serious birth injury, and it’s your doctor’s responsibility to identify any warning signs and help you adequately prepare for them and potentially alleviate them before they become a present danger.

The potential factors that can lead to a serious birth injury, both for the infant and for the mother, are wide and varied. While your doctor or medical professional in charge of your care throughout your pregnancy should be in a position to prevent or mitigate the risks, this is not always the case.

Far too often, negligence, lack of care, or any other form of malpractice can directly lead to a serious birth injury or fatality.

Gulfport, MS

Speak With a Birth Injury Lawyer

When Can I File a Lawsuit for a Birth Injury in Mississippi?

Proving negligence is key to any medical malpractice case. In order to do so, there are some key factors that must be proven to be directly involved with the injuries sustained. These include:

  • Failure to provide the proper standard of care. Doctors and other medical professionals are legally expected to meet a certain standard of care when working with patients. Proving this standard was unmet is a key step in any medical malpractice case.
  • The injury must have been the direct result of negligence. Proving that negligent actions were directly responsible for the injuries you or your loved one sustained is the next step that must be taken in your case. Without this connection, it would not be possible to recover the damages.
  • The injury must have lasting consequences. Some injuries are not considered severe or long-lasting enough to qualify. Any birth injury claim needs to prove that the injuries incurred resulted in considerable damage.

An experienced Gulfport birth injury attorney will work closely with you to establish fault and build a case that clearly proves medical negligence was the cause of the injuries.

How Much Can I Recover in a Birth Injury Case in Mississippi?

Knowing what it’s possible to fight for is important in any lawsuit. Under Mississippi Code § 11-1-60, a cap on non-economic damages is set at $500,000. This puts a limit on how much you can theoretically recover only on damages without a clearly defined monetary value. This includes but is not limited to:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of enjoyment of life
  • Disfigurement or physical impairment
  • Death

However, there is no cap on economic damages you could recover in a birth injury lawsuit. Some economic damages your Gulfport birth injury attorney may be able to fight for include:

  • Medical expenses
  • Ongoing medical care
  • Loss of earning potential
  • Lost wages
  • Disabilities
  • Burial costs

Identifying what damages you can fight to secure is vital when seeking the maximum compensation possible, which is why it’s so important to work with a law firm you can trust. Birth injury cases can vary wildly depending on whether the infant, mother, or both suffered the injuries. An experienced legal team will work with you to uncover every potential angle and put you in the best position at the negotiation table or in the courtroom.

A Gulfport Birth Injury Lawyer Will Stand by Your Side

If you or your child suffered a serious birth injury, you may be able to take legal action to secure the compensation you need to cover your medical bills, ongoing rehabilitation, long-term care, and more.

Our Gulfport birth injury lawyer understands just how devastating this type of injury can be and is ready and waiting to put our decades of experience to use fighting for your rights.

With a track record you can rely on and dedicated, passionate legal guidance by your side, you can rest assured that you’re in good hands. Contact our office or fill out our online form to schedule a case evaluation with Owen, Owen & Smith, PLLC today.

Owen, Owen & Smith, PLLC