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Find A Medical Malpractice Attorney For Birth Injuries



As a parent, your absolute priority and desire in life is to protect your child. That’s why when medical malpractice leads to a birth injury, many parents feel compelled to seek not only justice, but financial compensation to help provide an injured baby the best life possible. If your child was injured during birth, speak to a medical malpractice attorney about the details of your case.

If an infant dies from birth injuries, it’s still important to take action so that other families in the future won’t encounter a similar tragedy or wrongful death. As difficult as it is during a time of unspeakable mourning, many families do find the strength to try to set things right.


Medical mistakes can cause injury to an otherwise healthy baby at any time during pregnancy, delivery or shortly after childbirth. Even the mishandling of an infant by any hospital worker can have lifelong consequences.

Doctors are trained and required to adhere to a proper standard of care to prevent birth injuries. If a doctor fails to tell the mother of possible complications or makes a misdiagnosis, that standard of care may be violated. If a medical staff fails to follow protocol, both the mother’s and the baby’s lives could be endangered.

Medical malpractice; includes, situations in which proper care was not received, when that care wasn’t prompt or when the care was not proper. Failing to screen for abnormal conditions of the baby and failing to diagnose pregnancy problems can constitute improper care, along with failing to determine a baby’s size or position, which could lead to childbirth difficulties causing devastating brain damage. Lack of prompt care includes a medical professional’s failure to provide a timely delivery, failing to arrive promptly for emergency situations, and failing to recognize and respond to emergency situations. If you feel a medical professional has failed or misdiagnosed, talk to a medical malpractice attorney about your case.

Errors and complications leading to birth injury; include, lack of planning for a Cesarean section or delay in performing it, excessive force used in delivery, prolonged labor, improper medication, inadequate monitoring of the baby, improper use of forceps and vacuum, lack of proper attention to a high-risk pregnancy, spinal cord injury caused by overstretching, low amniotic fluid, uterine rupture and placental abruption.

Brain injuries are the most serious of birth traumas, whether they’re caused by bleeding in the skull and brain or oxygen deprivation. If a doctor, nurse or other medical professional fails to handle an infant with proper care, the baby’s delicate brain tissue can be damaged. The result for the young victim could be long-term seizure disorders, cerebral palsy or mental retardation. Children who suffer these afflictions may require therapy, medication and medical care.

If complications occur and a doctor fails to follow protocol, resulting lifelong injuries aside from brain damage and cerebral palsy may include, Erb-Duchenne and Dejerin-Klumpke palsies (brachial plexus injuries), temporary paralysis, fractured collar bones and meconium aspiration syndrome.

A major birth complication is oxygen deprivation, which can occur when the umbilical cord gets twisted or compressed. Another major cause of birth injury involves mechanical trauma, cases in which the baby is in an abnormal or “breech” birth position or when the baby is too big to normally pass through the birth canal.

Minor birth injuries; such as: bruising and swelling, broken blood vessels in the eyes, and even temporary loss of nerve or muscle function can heal within a few weeks. But damage can be permanent if nerves are actually torn.

Who Can Sue

If your infant is the victim of birth injury caused by negligence on the part of a medical professional, you may be entitled to seek compensation for the injuries, along with medical expenses. Parents or guardians should contact a personal injury attorney specializing in birth injury lawsuits as soon as possible as statutes of limitations apply, varying from state to state.

It’s important to retain the services of an experienced medical malpractice attorney to give your child the best possible opportunity for reaching his or her potential in life. Ongoing medical care, rehabilitation and different therapies should be examined. A medical malpractice attorney can help you sort through costs; including, medical bills, medical care, loss of potential and suffering.

If you're considering filing a lawsuit, it is important for you to keep medical records involving both pregnancy and delivery.

Interesting Facts
  • Birth injuries are reported to occur in 27 of 1,000 live births.
  • Most birth injury lawsuits are settled during the first stages of a lawsuit. As the parent or guardian of the victim, you have the final say in the event a settlement is offered.
  • In birth injury cases in which the infant dies, damages awards are likely to be significantly less as the case switches from medical malpractice to wrongful death.
  • Parents may receive damages for their own emotional suffering or for costs involved in caring for a birth-injury child.
Potential Recovery

Medical mistakes during delivery can have lifelong consequences, and compensation awarded to victims and their families can be quite high. One study showed that in seven birth injury cases, the average settlement was $3.69 million. Here are some examples involving awards and settlements in the millions of dollars:

  • In Massachusetts, a jury awarded $23.8 million to the family of an infant born with cerebral palsy. Lawyers argued the doctors were negligent in a delivery ending with vacuum extraction. The baby suffered bleeding on the tissue around her brain.
  • In a case initially diagnosed as congenital in California, an investigation by attorneys later proved a baby’s severe disabilities were brought on by anoxic brain damage caused during delivery. The award was $2.8 million.
  • In Wisconsin, a mother settled a birth injury case for $18.2 million after her daughter suffered severe brain injuries due to a lack of oxygen.
  • Doctors’ failure to perform a timely Cesarean section brought a settlement of $4.1 million in California.
  • A mother in Illinois was awarded $5.5 million after drugs she was given to induce labor, left her son severely brain damaged, requiring lifelong care.

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