Birth Injury Attorneys

The connection between birth injuries and medical negligence often lies in preventable errors made during critical stages of prenatal care, labor, or delivery. When healthcare providers fail to adhere to established standards of care—whether by misdiagnosing complications, delaying necessary interventions, or improperly using medical tools such as forceps or vacuum extractors—the risk of injury to the infant and mother increases significantly. 

Inadequate monitoring of fetal distress, failure to recognize signs of oxygen deprivation, or improper response to emergencies like shoulder dystocia can all lead to devastating outcomes. Such lapses compromise the health and safety of the baby and may leave families grappling with the emotional and financial consequences of a preventable tragedy.

Our team handles injury cases involving medical negligence. We seek to hold healthcare providers accountable for the harm they caused mother and child.

Common Causes of Preventable Birth Injuries

Birth injuries often result from complications during labor and delivery. Still, many are preventable when medical professionals follow established standards of care. Unfortunately, medical negligence, improper procedures, or critical errors can seriously harm the baby and the mother.

Common causes of birth injuries include the following:

• Delayed C-sections: When medical staff fail to perform a timely cesarean section despite clear signs of complications, the baby may suffer from oxygen deprivation or other serious injuries.
• Misuse of medical tools: Incorrect use of delivery tools like forceps or vacuum extractors can lead to serious physical harm to the baby, such as broken bones or nerve injuries.
• Failure to monitor fetal distress: Ignoring or misinterpreting signs of fetal distress, such as abnormal heart rates, can result in preventable harm.
• Medication errors: Mistakes in administering labor-inducing drugs or pain management medications can endanger the mother and child.
• Mismanagement of high-risk pregnancies: Neglecting to monitor or plan for complications in high-risk pregnancies can increase the likelihood of injuries.
• Failure to respond to bleeding: Delays in addressing excessive maternal bleeding or other emergencies can lead to dangerous complications for the mother and baby.

Licensed healthcare practitioners are responsible for providing competent care during childbirth. When their actions fall short of accepted medical standards and result in harm, it may constitute medical malpractice. 

However, determining liability in these cases can be complex. Hospitals and medical professionals often have resources to defend against claims, making it essential for families to work with a skilled attorney to establish fault and seek justice..

Birth Injuries and Their Effects on Children

Birth injuries can vary in severity and type, with some leading to temporary challenges and others resulting in lifelong conditions. 

Types of birth injuries include:

• Cerebral palsy: This condition is often caused by oxygen deprivation, also known as Hypoxic Ischemic Encephalopathy (HIE), during labor and delivery, affecting muscle control, movement, and coordination. Children with cerebral palsy may experience difficulties ranging from mild motor impairments to severe physical and cognitive disabilities, depending on the extent of the brain injury.
• Brain hemorrhage: Fetal brain bleeds can occur due to negligent labor and delivery practices. Improper use of delivery instruments, such as forceps or vacuum extractors, can cause intracranial hemorrhage if excessive force is applied to the baby's head. Failure to recognize and respond to signs of fetal distress, which may indicate oxygen deprivation, can lead to elevated blood pressure in the fetus, causing blood vessels in the brain to rupture. Additionally, delayed or improper management of complicated deliveries, such as those involving abnormal fetal positioning or prolonged labor, increases the risk of brain bleeds. Medical professionals who fail to monitor the baby's heart rate adequately or neglect to perform a timely emergency cesarean section when necessary may also contribute to the occurrence of fetal brain hemorrhages. These instances of medical negligence during labor and delivery can result in severe consequences for the newborn, including long-term neurological damage and developmental delays.

Each of these injuries can have profound effects on a child’s development and quality of life, requiring medical interventions, therapy, or long-term care. Families navigating these challenges should seek proper medical treatment and explore their legal rights if medical negligence contributed to their child’s injury.

Injury Caused by Pictocin or Oxytocin Hyperstimulation

Pitocin, a synthetic form of oxytocin, is commonly used during labor to induce or enhance contractions; however, excessive administration can lead to a condition known as uterine hyperstimulation or tachysystole. This outcome occurs when contractions become too frequent or prolonged, disrupting the natural flow of labor and potentially depriving the baby of adequate oxygen due to reduced blood flow from the placenta. 

Prolonged oxygen deprivation, or hypoxia, can result in severe complications for the child, including brain injuries, developmental delays, or cerebral palsy. Careful monitoring by medical professionals is essential to balance the benefits of Pitocin with the risks of hyperstimulation, ensuring the safety and well-being of the mother and the baby during delivery. 

Speak with one of our attorneys if your baby suffered a birth injury because a healthcare provider failed to monitor Pictocin or oxytocin correctly.  

Holding Medical Professionals Accountable for Birth Injuries

Responsibility for a birth injury often extends to any medical professional whose negligent actions or omissions contributed to the harm sustained during labor or delivery. 

These professionals can include:

• Obstetricians
• Nurses
• Anesthesiologists
• Midwives
• Any practitioner involved in the birthing process

If a healthcare provider failed to uphold the standard of care—such as by mismanaging complications, improperly using delivery tools, or neglecting to monitor the mother and baby’s vital signs—they may be held legally accountable. 

Additionally, the hospital or medical facility may share liability if systemic issues, such as inadequate staffing, poor training, or equipment failures, played a role in the injury.

Negotiation and Litigation in Birth Injury Cases

Negotiation and litigation are pivotal aspects of pursuing justice in birth injury cases, with each path offering unique challenges and opportunities. Negotiations often begin with presenting evidence, including medical records, expert testimony, and damages documentation, to reach a settlement that fairly compensates the family for their losses. While many cases are resolved through these discussions, some medical providers or their insurers may deny liability or dispute the extent of damages, making litigation necessary. 

Litigation involves formal legal proceedings, where both sides present their arguments in court, and a judge or jury ultimately determines liability and awards compensation.

Throughout this process, skilled legal representation can help protect the injured party, whether by negotiating a favorable settlement or advocating vigorously in court.

Whether your case is resolved through negotiation or litigation depends on your situation. If we find that the liable party offers a just settlement, we may recommend resolving the case outside of the courtroom. Otherwise, we can prepare to take your case to trial and have a judge or jury decide the outcome.

How a Birth Injury Attorney Can Help You Seek Justice

When a birth injury occurs, the impact on the child and the family can be overwhelming. Along with the emotional toll, families often face significant financial burdens due to ongoing medical care, therapies, and other needs. In these situations, a birth injury attorney can provide crucial support, guiding families through the legal process while working toward recovering the compensation they deserve.

One of the primary ways an attorney can help is by thoroughly investigating the case. 

The investigation helps determine whether negligence contributed to the injury and can include:

• Reviewing medical records
• Consulting with medical experts
• Gathering relevant evidence

By identifying the cause of the injury and holding the responsible parties accountable, an attorney can build a strong case to support the claim.

Navigating the legal process after a birth injury can be complex, especially when dealing with issues such as medical malpractice and potential liability. An attorney can help clarify options so families understand the steps and time limits for filing a lawsuit.

An attorney can help pursue compensation for the financial costs and the emotional distress caused by the injury. Birth injuries often require extensive medical care, therapies, and long-term treatments, which can be costly. A birth injury attorney can seek compensation for these medical expenses, as well as for pain, suffering, and emotional distress experienced by the family.

By thoroughly investigating the circumstances surrounding the incident, including reviewing medical records, consulting expert witnesses, and identifying potential negligence, our attorneys can build a strong foundation for the claim. During negotiations with insurance companies and healthcare providers, we can advocate on your behalf, accounting for your child's needs and long-term costs in any settlement offer. If the case proceeds to trial, our lawyers can provide strategic representation, presenting compelling evidence to establish liability and pursue fair compensation. 

Beyond the legal process, our birth injury attorneys offer guidance, support, and a commitment to holding responsible parties accountable for their actions.