Birth injury lawsuit investigation

Cerebral palsy and other injuries: Who’s affected? 

Did your child suffer from a physical injury during birth? Was the injury the result of medical malpractice?

The birth of a child should be a joyous occasion. Unfortunately, in some situations, childbirth can be physically traumatic for mothers and children. If medical professionals make poor decisions, newborns can sustain serious birth injuries such as:

• Infant brain damage
• Cerebral palsy
• Hypoxic ischemic encephalopathy
• Erb’s palsy
• Shoulder dystocia

Parents whose children were injured during childbirth may be able to take legal action in a birth injury lawsuit. A successful birth injury lawsuit can help recover compensation for your child’s medical expenses, the cost of long-term care and other damages

What is a birth injury?

A birth injury is any injury or physical trauma that occurs during the birth process. Although birth injuries can occur during C-sections, many birth injuries occur through traditional deliveries. Unfortunately, this is a widespread issue — thousands of birth injuries occur each year.

There are numerous types of birth injuries but the most common include:

• Infant brain damage: Infant brain damage can be caused by physical head trauma or by prolonged oxygen deprivation during labor. Even a short period of oxygen deprivation during birth can have a significant impact on a child’s health and development. Physical damage from birth tools can also lead to brain damage.
• Cerebral palsy: Cerebral palsy is a neurological condition caused by abnormal development. Brain damage during birth can also cause cerebral palsy. Symptoms of cerebral palsy can range from minor physical impairments to permanent paralysis of certain muscles, depending on the severity. Children with cerebral palsy may require lifelong care.
• Hypoxic ischemic encephalopathy (HIE): HIE is a condition caused by lack of oxygen before or during birth. Although HIE can be caused by unavoidable birth complications, medical negligence during birth that leads to oxygen deprivation can also cause the condition. HIE symptoms vary depending on the severity and which parts of the brain are damaged but can include serious problems such as organ failure and seizures.
• Erb’s palsy: Erb’s palsy is a type of brachial plexus injury involving the system of nerves in the neck and shoulder. The condition involves weakness or paralysis of the arm due to nerve damage often caused during birth. Brachial plexus damage can occur when a child becomes stuck in the birth canal or from harsh tugging movements by healthcare professionals.
• Shoulder dystocia: Shoulder dystocia is a specific situation during birth in which a child’s shoulder gets stuck on the bones of the mother’s pelvis. A small pelvis, large baby or poor infant positioning before birth can all lead to shoulder dystocia. Doctors may choose to perform a C-section if they suspect shoulder dystocia could occur, but may fail to do so, causing the condition and resulting injuries.

Are birth injuries the result of negligence?

Parents expect the doctors and nurses who help them give birth to their child to have their best interests in mind and to make the best possible decisions based on the information available. While this would always be the case in an ideal world, some medical professionals make mistakes. Although some birth injuries are unavoidable, many birth injuries are the result of negligence by healthcare professionals.

For example, if a doctor refuses to perform a C-section and that decision results in extended oxygen deprivation or physical trauma as a result of a difficult birth, the doctor could be liable for any resulting injuries. Similarly, rough use of a vacuum or forceps during delivery or other improper maneuvers can also lead to permanent birth injuries. Failure to monitor a baby’s heartbeat or other indicators of distress can also lead to injury during labor. Unfortunately, this type of medical malpractice is more common than expected.

Should I file a birth injury lawsuit?

Birth injuries that result from a mistake or action by a medical professional may count as medical malpractice, entitling patients to take legal action. Although legal action cannot reverse a traumatic birth experience, a birth injury lawsuit can be an effective way to recover compensation. An experienced legal professional may be able to help parents investigate the details behind their child’s traumatic birth experiences and, if they find evidence of medical malpractice, they may be able to assist parents in filing a birth injury lawsuit.

Unfortunately, there is no standardized law that allows parents to take legal action for medical malpractice birth injuries. Instead, these claims are typically filed as personal injury lawsuits which seek financial compensation for damages resulting from negligence.

Each state has different requirements for personal injury claims, including statutes of limitations which vary from two years to six years. A qualified attorney may be able to help evaluate your claim and see if you are eligible to take legal action based on your state’s laws.

Join a birth injury lawsuit investigation

Parents may be able to take legal action against their doctor or other medical professionals if their child suffers from a birth injury, including, but not limited to, the following:

• Infant brain damage
• Cerebral palsy
• Hypoxic ischemic encephalopathy
• Erb’s palsy
• Shoulder dystocia

A successful birth injury lawsuit could help recover compensation for medical expenses, long-term care costs, loss of earnings, pain and suffering and more.

If your child suffers from a birth-related injury, you may qualify to participate in this birth injury medical malpractice lawsuit investigation. 

Please fill out the form on this page to see if you qualify for a FREE case evaluation.