PHOENIX BIRTH INJURY ATTORNEYS
Experienced Birth Injury Lawyers
When your child suffers a birth injury, the impact can be life-altering. No family should have to suffer because of someone else’s medical negligence.
You have the right to demand accountability.
Holding negligent parties responsible and securing fair compensation for your child’s care is essential, for now and for the future.
Some birth injuries, such as fractures or nerve damage, are obvious at birth, while others, like cerebral palsy, may not be diagnosed until months or years later. That uncertainty can shatter your family’s peace of mind and finances.
Our birth injury attorneys have decades of trial expertise to craft a strategy tailored to your family’s specific needs. Miller Kory Rowe, a top litigation firm in Arizona, stands ready to fight for the fair compensation your child deserves, starting today.
Schedule a free, confidential consultation. No fees unless we win.
Why Families Trust Miller Kory Rowe
When you placed your trust in medical professionals during childbirth, you expected attentive, skilled care for your family. Your legal team should earn and honor that same trust. At Miller Kory Rowe, our attorneys offer distinct, specialized expertise that strengthens every element of your birth injury case.
- We handle birth injury cases with absolute confidentiality and compassion
- We handle Arizona-specific expertise in hospitals, providers, and laws
- We handle complex medical malpractice and catastrophic injury litigation with decades of success
- We handle fees only after your child secures fair compensation
Gabe Kory brings decades of focused experience in complex medical negligence cases, compassionately advocating for Arizona families affected by birth injuries. As an assistant professor at the University of Arizona College of Medicine–Phoenix, Gabe regularly educates medical students about identifying medical errors and protecting vulnerable patients, ensuring healthcare accountability at every level.
Jeff Miller combines extensive trial experience with specialized certification in personal injury and wrongful death law, advocating tirelessly for children affected by birth injuries. He also serves as an assistant professor at the University of Arizona College of Medicine–Phoenix, educating future physicians on patient advocacy and recognizing medical negligence.
Teri Rowe leverages her engineering background to simplify complex medical evidence, making the details of your case clear and compelling for juries. Her ability to visually demonstrate how injuries occurred helps families clearly communicate the extent of their child’s needs and future care requirements.
Understanding Birth Injuries in Arizona
A birth injury occurs when a medical mistake or oversight during pregnancy, labor, or delivery results in harm to a newborn.
Medical negligence or errors during labor or delivery can take many forms, including the improper use of medical tools, failure to respond to fetal distress, or poor management of complications during childbirth.
Each year, thousands of Arizona families place their trust in hospitals and healthcare providers for a safe delivery. Yet medical errors during labor and delivery can have life-altering consequences.
Nationally, birth injuries occur in about 7 out of every 1,000 live births, resulting in nearly 30,000 affected infants each year.
In Arizona, where over 78,000 babies are born each year, birth-related complications are a serious concern. The Arizona Department of Health Services tracks infant deaths and reports a mortality rate of 5.5 deaths per 1,000 live births, which aligns closely with the national average. While not all birth injuries are fatal, many result in long-term disabilities that require lifelong medical care.
The Arizona Department of Health Services and healthcare oversight agencies investigate numerous complaints related to perinatal care each year, highlighting the importance of holding providers accountable when negligence causes harm.
Common Types of Birth Injuries
Birth injuries can dramatically affect the lives of both children and their families. Some of the most frequently seen injuries include:
- Cerebral palsy
- Erb’s palsy
- Hypoxic-Ischemic Encephalopathy (HIE)
- Shoulder dystocia
- Brain damage
Recognizing symptoms early is essential. Warning signs might include delayed developmental milestones, breathing or feeding difficulties after birth, unexplained seizures, or weakness in limbs. Prompt medical evaluation and early intervention can play a key role in your child’s future care.
Understanding Arizona Birth Injury Claims
In Arizona, birth injury claims are handled under the state’s medical malpractice laws, which define how and when families can hold healthcare providers accountable for negligent care.
These cases center on whether a doctor, nurse, or medical facility failed to meet the accepted standard of care during pregnancy, labor, or delivery. When that failure leads to preventable harm, families have the legal right to pursue compensation. (A.R.S. § 12-561)
To file a valid claim, Arizona law requires a qualified medical expert to provide a preliminary affidavit supporting the case.
This step confirms that the claim has merit and helps ensure that only legitimate cases move forward. (Arizona Rules of Civil Procedure Rule 12-2602)
Birth injury litigation often involves complex timelines, extensive documentation, and input from medical professionals who can testify about both causation and impact. While the process can be demanding, it offers families a vital path to financial recovery, accountability, and long-term care for their child.
Arizona Law Protects Your Child’s Rights
In Arizona, families affected by birth injuries have rights, and understanding those rights is the first step toward holding healthcare providers accountable.
State medical malpractice laws recognize the serious, often lifelong impact of preventable birth injuries and give families a legal path to seek compensation and support. While hospitals and insurers may act quickly to protect themselves, families deserve advocates who will stand up for their child’s future. That’s where Miller Kory Rowe comes in.
Legal Protections for Birth Injury Cases in Arizona
Arizona law provides several legal avenues for families affected by birth injuries to pursue justice and financial recovery. These protections apply whether the injury was caused by a single healthcare provider or resulted from systemic failures within a medical facility.
Legal options include:
Medical Malpractice Claims
Under Arizona law, parents can file a medical malpractice claim when a healthcare provider’s negligence during pregnancy, labor, or delivery results in injury to the child. This includes failures to monitor fetal distress, delay in performing a C-section, improper use of delivery tools, or mismanagement of high-risk conditions.Hospital and Institutional Liability
In many cases, hospitals or healthcare institutions may be held liable for the negligent acts of their staff. Claims may involve failures in hiring, supervision, or enforcement of proper medical protocols that contributed to the injury.Informed Consent Violations
Parents have the right to receive clear, complete information about medical risks and options. If a provider failed to obtain proper informed consent before a procedure that resulted in injury, this may be grounds for legal action.Civil Lawsuits for Compensation
Families can file civil claims to recover compensation for both short-term and lifelong costs. These may include medical care, therapy, assistive equipment, lost earning potential, and pain and suffering. In cases of gross negligence, punitive damages may also be awarded to deter future misconduct.Extended Filing Time for Minors
Arizona law gives injured children more time to file a medical malpractice claim. Under A.R.S. § 12-502, the statute of limitations is paused until the child turns 18, giving them until age 20 to pursue legal action. This extension does not apply to parents’ claims for their own losses, such as medical expenses. Those claims are usually subject to a two-year deadline from when the injury occurred or was discovered. Early legal guidance is essential to protect both timelines.
These protections help ensure that negligent providers are held accountable and that families receive the resources they need to care for their child and plan for the future.
What to Expect In Arizona Birth Injury Cases
We know how critical early answers are when your child has been harmed. Our team acts quickly to protect your rights and begin building your case. The process typically includes:
Our focus is on making this process as clear and manageable as possible so you can concentrate on what matters most: your child’s care.
Building Your Birth Injury Case in Arizona
Our detailed and compassionate approach to birth injury investigations includes:
Immediate Evidence Collection
- Obtaining and reviewing comprehensive medical records
- Interviewing medical personnel involved in the birth
- Documenting hospital procedures and conditions during delivery
- Securing and preserving medical imaging and records promptly
Expert Consultations
We collaborate with:
- Obstetricians and neonatologists to evaluate medical errors
- Pediatric specialists to determine the extent and impact of injuries
- Life care planners to estimate future medical and care costs
- Economists to calculate long-term financial needs
- Psychologists to evaluate emotional and psychological impacts
Regulatory and Compliance Review
Our attorneys examine:
- Hospital and provider records for past violations
- Licensing and certification records of healthcare providers
- Compliance with Arizona medical standards and protocols
- Reports from state health departments and regulatory bodies.
Understanding Compensation in Birth Injury Cases
A birth injury doesn’t just affect the moment of delivery, it can impact every part of a child’s life moving forward. Arizona law allows families to seek compensation to help meet the physical, emotional, and financial challenges that follow. These damages fall into several key categories:
Economic Damages
These cover the direct and measurable costs related to your child’s care, including:
- Current and future medical expenses
- Long-term care and rehabilitation costs
- Special education services, therapy, and support programs
- Home modifications and adaptive equipment needed for mobility or daily activities
Non-Economic Damages
These address the intangible but deeply felt effects of a birth injury, such as:
- Physical pain and suffering experienced by the child
- Emotional distress and psychological trauma for both child and family
- Loss of enjoyment of life and future opportunities
Punitive Damages
In rare but severe cases where a provider’s conduct involved reckless disregard or intentional harm, Arizona courts may award punitive damages. These are not tied to the family’s financial loss but are meant to hold the responsible party publicly accountable and help deter similar misconduct in the future.
Compensation plays a crucial role in helping families plan for their child’s long-term needs and rebuild a sense of stability and hope.
FAQs About Arizona Birth Injury Cases
Q: How long do I have to file a birth injury claim?
Q: What if the hospital denies fault?
Q: Do I pay legal fees upfront?
Q: Will my case go to court?
Q: What kind of compensation can we seek in a birth injury case?
Helpful Resources for Arizona Residents
Arizona Medical Board – File complaints against physicians
Arizona Department of Health Services – Hospital and birth center regulation
Arizona Early Intervention Program – Developmental services for children under age 3
Court Assistance Resources – Arizona’s Self-Service Center for court forms
Contact Our Experienced Arizona Birth Injury Attorneys
No matter how minor the injury seems, don’t let it go unnoticed.
Depending on the severity of the injury, compensation must also reflect the extensive, long-term care and resources your child may need for a lifetime, safeguarding your family now and in the years ahead.
We understand how overwhelming this can feel. With experienced legal guidance by your side, we handle every aspect of your claim, so your child has an improved chance of leading the best possible life.
If medical negligence has harmed your family, you don’t have to face this alone. Our experienced attorneys at Miller Kory Rowe are ready to fight for your family’s rights and future.
Contact us for your free, confidential consultation today.
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why choose us?
Decades of Experience
At Miller Kory Rowe LLP, our attorneys have more than 60 years of combined experience helping individuals injured by the negligence of others. We are dedicated to getting our clients the settlements they deserve to help them restore their livelihood and peace of mind.
DEDICATED TRIAL ATTORNEYS
With every case we pursue, our trial attorneys have three foundational beliefs: Dedicated. Aggressive. Principled.
EXTENSIVE RESOURCES
When you work with our law firm we put all of our extensive resources into finding evidence, interviewing witnesses, and navigating through the complexities and challenges that each claim presents.
