Birth Injury Lawyer

Medical malpractice which occurs during a mother's pregnancy or labor and delivery may result in a birth injury, including cerebral palsy, erb's palsy, shoulder dystocia, or brachial plexus injury.

Medical negligence which happens during the labor and delivery of a child can harm the mother as well as the child. Injuries suffered by the newborn can cause serious or life threatening complications.

While a small percentage of birth injuries occur, the lifetime consequences can be devastating to the baby and family. The unborn child is fragile, and the newborn's bones or nerves can be fractured or damaged during the delivery, resulting in lifelong developmental disabilities. These disabilities, also known as neurological disorders, can include cerebral palsy, learning disabilities, and brain damage.

Cerebral palsy is the most common birth injury resulting in a birth injury lawsuit. "Cerebral palsy" is a catch all term referring to several conditions in which the brain injury impairs the child's ability to control the body. There are some causes other than medical malpractice which result in cerebral palsy. A lawyer experienced in birth injury can help determine whether a serious error by the doctor, nurse, or midwife, was responsible for the brain injury in you newborn.

One of the primary causes of birth injury related cerebral palsy is birth asphyxia, which is when the infant does not receive enough oxygen during the delivery. Medical staff who fail to properly conduct electronic fetal monitoring (EFM) during the delivery process, or provide other proper post-birth observations, may in some circumstances be held liable if birth asphyxia is determined to have been the cause of a birth injury. When delivery doctors suspect that birth asphyxia may occur, they may order a cesarean section (or c-section), which could reduce its likelihood. A failure to perform the emergency, or "stat," c-section procedure when warranted may constitute medical malpractice.

Many obstetrical experts conclude that the stat c-section must be performed within 30 minutes of EFM results which show sustained fetal distress. This is the called the "decision to incision" rule or window.

Additionally, cesarean section, forceps use, episiotomy and vacuum delivery, are all procedures that, when performed improperly, can lead to complications. Birth injuries may also be the result of complications during pregnancy that health professionals have failed to identify such as:

Asphyxia neonatorum
- respiratory failure of a newborn infant that can cause paralysis, brain damage, and infant mortality
Kernicterus
- type of brain damage that causes mental deficits, hearing loss, and athetoid cerebral palsy
Fetal Anoxia
- when the oxygen supply to the brain is interrupted during the birth process
Erb's Palsy
- damage to nerves that carry signals from the spine to the shoulder, arm, and hand. It is usually caused by damage to the shoulder during the delivery.
- Erb's palsy is also called Horner's Syndrome

If you suspect that medical negligence or obstetrical error resulted in a birth injury to your infant, you should consult an experienced birth injury lawyer. Among our personal injury attorneys is a former defense counsel who represented major medical centers and doctors in birth injury malpractice lawsuits.

The scope of financial damages caused by a severe birth injury are staggering. Lifetime care for birth injured infants are among the highest of all economic losses in any personal injury lawsuit.

Our dedicated personal injury attorneys may be able to help you recover the financial damages needed to make up for the huge harms and losses caused by obstetrical malpractice, including:

Future medical expenses
Loss of income
Advanced therapies
Advanced rehabilitation
Life care planning
Intervention programs
Emotional suffering

There are strict time limits for filing a birth injury claim. In fact, a birth injury attorney should be consulted immediately after birth, even if the extent of the injuries is not yet known.