Birth Injury Attorney
Birth Injury Attorney
At Watson & Carroll, P.C., L.L.O., we understand the immense emotional and physical toll a birth injury can have on a child and their family. Birth injuries can lead to lifelong challenges, significant medical expenses, and a need for ongoing care. If you suspect your child’s injury was caused by medical negligence, our team is here to fight for justice and ensure your family receives the compensation you deserve.
You are one step away from getting the help you need.
What is a Birth Injury?
A birth injury occurs when a newborn sustains harm before, during, or shortly after delivery due to complications or errors in medical care. While some injuries are unavoidable, many result from preventable medical mistakes such as:
- Failure to monitor the fetus and mother properly
- Improper use of delivery tools (e.g., forceps or vacuum extractors)
- Failure to perform a timely C-section
- Mismanagement of labor or delivery complications
- Medication errors during pregnancy or delivery
Common birth injuries include cerebral palsy, brachial plexus injuries (Erb’s palsy), brain damage due to oxygen deprivation, and fractured bones.
Our Unique Qualifications
With a dual background as a licensed attorney and a registered nurse in Nebraska, John F. Carroll brings a deep understanding of both the legal and medical aspects of birth injury cases. This dual expertise allows our firm to analyze complex medical records and identify negligence that might otherwise go unnoticed.
As an attorney licensed in Nebraska, South Dakota, and Iowa, John has the knowledge to navigate the unique medical malpractice laws and cap structures of each state. These laws can significantly impact how damages are awarded, making it critical to have an attorney who understands the nuances in your jurisdiction.
State-Specific Cap Structures for Birth Injury Malpractice Claims
Each state has different legal frameworks regarding medical malpractice claims, including caps on damages:
Nebraska (NE)
Under the Nebraska Hospital-Medical Liability Act, the total amount recoverable in medical malpractice cases after December 31, 2014, the cap is $2,250,000, including both economic and noneconomic damages. Nebraska Revised Statute § 44-2825.
South Dakota (SD)
South Dakota law limits noneconomic damages in medical malpractice cases to $500,000. Noneconomic damages encompass compensation for pain and suffering, emotional distress, and similar intangible losses. There is no cap on economic damages, such as medical expenses and lost wages. South Dakota Codified Laws § 21-3-11.
Iowa (IA)
In 2023, Iowa enacted legislation capping noneconomic damages in medical malpractice cases:
- Against individual health care providers or independent clinics: $1 million cap.
- Against hospitals: $2 million cap.
These caps apply to noneconomic damages, which include pain and suffering, mental anguish, and other nonpecuniary losses. Economic damages remain uncapped. Iowa Code § 147.136A, as amended by House File 161 in 2023.
Understanding these variations is crucial for developing a strategy that maximizes your recovery.
How We Can Help
At Watson & Carroll, we are dedicated to holding medical professionals accountable when their negligence causes harm. Our team will:
Investigate your case thoroughly: We will review records and hire medical experts when applicable.
Calculate the full extent of your damages: These may include past medical care, future medical care, therapy costs, lost earning potential, and pain and suffering.
Advocate aggressively for your family: Whether through negotiation or trial, we fight to secure the best possible outcome.
MAIN OFFICE
2809 S. 160th St. Ste. 309
Omaha, NE 68130
Omaha, NE 68130
OFFICE HOURS
Mon-Fri: 9am – 5pm
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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Watson & Carroll, P.C., L.L.O.
