Medical Malpractice


Phoenix Birth Injury Attorney

During a woman’s pregnancy and birthing process, she can find consolation and support knowing that her doctor is taking excellent care of her and her child. There are occasions, however, when a mother and/or her child may suffer personal injury or even wrongful death because of a careless or negligent doctor. Certain life-long consequences can be dire for both the child and the mother with side effects like brain trauma, significant mental damage, excessive loss of blood, and fractures. Such an extreme case of medical malpractice requires full compensation for the victim’s injuries and suffering. If you or your child have been a victim of such an injury, find out what an attorney could do to help you obtain compensation.

Why Hire Gerber Injury Law of Arizona?

  • We are highly experienced medical malpractice lawyers. Your birth injury lawyer from Gerber Injury Law will have years of experience handling cases in your practice area.
  • We treat our clients like family. We know how emotionally traumatic a birth injury can be for a family. We provide personal attention and individualized care to make our clients feel heard.
  • We have a history of success in our industry. Clients trust us with their most complex claims in part because of our long track record of obtaining positive settlements and verdicts.

How a Phoenix Personal Injury Lawyer Could Help 

At Gerber Injury Law, a qualified attorney in Surprise, AZ could support and guide you through the legal process and help you fight for the payout you deserve. Doctors and hospitals may attempt to protect themselves from liability through waivers and contracts, but with assistance from a skilled birth injury lawyer, you could build a strong case proving their liability and demanding payment for your suffering. Ken Gerber, founding attorney at our firm, has more than 20 years of trial experience and could take your case to court if necessary. Call today for a consultation and find out what a practiced lawyer from our firm could do for you.

Which Birth Injuries Are Medical Malpractice?

Medical malpractice is the failure of a doctor or another health care practitioner to exercise the same degree of care another prudent professional would in the same circumstances. Malpractice in the handling of a pregnancy or delivery could lead to many different injuries to mother and child. If you find out your infant has any type of injury or condition you believe traces back to a complicated pregnancy or delivery involving malpractice, contact us for a free consultation about a potential lawsuit.

  • Brain damage
  • Cerebral palsy
  • Brachial plexus injuries
  • Erb’s palsy
  • Shoulder dystocia
  • Bone fractures
  • Nerve damage
  • Facial paralysis
  • Back and spine injuries
  • Kernicterus
  • Wrongful death

These are some of the most common infant injuries that point to medical malpractice during the mother’s pregnancy, labor and/or delivery. Injuries from negligence can also occur shortly after birth, such as a nurse dropping a newborn or a doctor failing to diagnose and treat infant jaundice. At Gerber Injury Law, we have the experience and knowledge to handle many types of birth injury claims in Arizona.

How to Prove a Birth Injury Claim

The burden of proof is a key issue you will need to consider during your birth injury claim. In a tort claim in Arizona, the burden of proof (the requirement to prove the defendant’s fault for your damages) rests with you, the plaintiff. The burden of proof for a malpractice claim is a preponderance of the evidence: the defendant’s medical malpractice is more likely to be true than not true. In general, proving a birth injury claim takes demonstrating proof of four main elements.

  1. Duty to exercise care. In Arizona, a physician must exercise the same amount of care as another reasonable and prudent provider with the same education and experience. You or your lawyer must establish the defendant’s duty of care by proving your doctor-patient relationship at the time of the birth injury.
  2. Breach of the duty of care. The physician, nurse or health care provider in question failed to use the amount of skill and care expected of someone in his or her position. A breach of duty could refer to medical negligence or medical malpractice. Both could entitle you to financial compensation.
  3. Causation. A connection, supported by evidence, between the defendant’s failure to fulfill the standard of your care and your child’s injuries. The medical malpractice or negligence must be the proximate, or main, reason your child’s birth injuries occurred.
  4. Damages. Finally, you, your child or your family must be able to list compensable damages you are claiming occurred because of the medical malpractice. Compensable damages can include tangible and intangible losses, such as medical expenses, pain and suffering, losses of income, and your child’s lost quality of life.

It can be difficult to prove a birth injury claim in Arizona. You will need to navigate all of the state’s related medical malpractice laws – including a requirement to obtain a signed affidavit of merit from a medical expert. Gerber Injury Law is a full-service personal injury law firm. We can take care of every step involved in your case, from start to finish. Begin by scheduling a free consultation near you where we can discuss the details of your claim.

Contact a Birth Injury Lawyer Today | Free Consultations at Six Locations

Having handled hundreds of personal injury cases during his years in practice, Ken Gerber has the knowledge and skill to produce the best possible results for you case. You shouldn’t have to pay a dime for your injuries if a negligent doctor or surgeon is to blame. Find out how you could get the payout you need to cover your injury expenses by consulting with our firm today. With quality legal representation, you will have the best possible chance of success.

Contact Gerber Injury Law now as (602) 900-9286!


What Our Clients Say

  • "Thank you, Ken, for the great work you did on my personal injury case! … You’re a real pro and I was proud to have you representing me!"
    Meadlowlark Lemon • Harlem Globetrotter
  • "Mr. Gerber and his staff were very helpful after my accident, taking all the stress and worries off my hands and really doing a great job!"
  • "Words don’t begin to express my appreciation for the excellent way Gerber Injury Law handled my injury case."