Why You Need a Birth Injury Lawyer: Protecting Your Child’s Future After a Traumatic Delivery

The birth of a child should be a joyous occasion, but for some families, it becomes a nightmare due to a birth injury. These injuries, which occur during labor and delivery, can result in lifelong health complications for the child and may require extensive medical care, rehabilitation, and support. In many cases, these injuries are preventable and occur due to medical malpractice or negligence during the delivery process.

If your child has suffered a birth injury, you may be entitled to compensation. A skilled birth injury lawyer can help you navigate the legal process, hold the responsible parties accountable, and ensure your child gets the care they need for the future.

In this blog, we’ll explore what constitutes a birth injury, how a birth injury lawyer can help, and what steps you should take if you suspect medical malpractice played a role in your child’s injury.

What is a Birth Injury?

A birth injury is any physical or neurological harm caused to a baby during the labor and delivery process. These injuries can range from mild to severe and may result in lifelong disabilities. Some common types of birth injuries include:

Cerebral Palsy: A group of neurological disorders that affect movement and muscle coordination, often caused by oxygen deprivation during delivery.
Brachial Plexus Injuries: Nerve damage that occurs when excessive force is used during delivery, often resulting in paralysis or weakness in the arm.
Erb’s Palsy: A specific form of brachial plexus injury caused by improper use of force during delivery, often involving the stretching of the baby’s neck and shoulder.
Fractures: Broken bones, such as broken collarbones, caused by excessive pressure during delivery.
Caput Succedaneum: Swelling of the soft tissues of the baby’s head due to pressure during delivery.
Intracranial Hemorrhage (Brain Bleed): Bleeding within the baby’s brain caused by trauma during birth.
Oxygen Deprivation (Hypoxia): Lack of sufficient oxygen during birth can result in serious conditions such as brain damage or developmental delays.

These injuries often require extensive medical care, therapies, surgeries, and sometimes lifelong support.

Why You Need a Birth Injury Lawyer

If your child has suffered a birth injury, hiring an experienced birth injury lawyer is essential for several reasons:

Understanding Medical Malpractice Laws
Birth injury cases often involve complex medical and legal issues. A birth injury lawyer with experience in medical malpractice cases will have a thorough understanding of the laws surrounding birth injuries and will know how to investigate and prove that negligence or malpractice occurred during the delivery.
Investigating the Cause of the Injury
Determining the cause of the birth injury is crucial. Many birth injuries are preventable and are the result of medical negligence, such as failure to monitor fetal distress, improper use of forceps or vacuums, or failure to perform a timely C-section when necessary. Your lawyer will work with medical experts to review your medical records, consult specialists, and determine whether any mistakes or oversights occurred during labor and delivery.
Proving Negligence
A birth injury lawyer will need to establish that the healthcare provider or hospital acted negligently, leading to the injury. This often involves reviewing medical charts, interviewing witnesses, and gathering evidence to support your claim. Proving that negligence occurred is essential in holding the responsible parties accountable.
Securing Compensation for Your Child’s Future
The cost of caring for a child with a birth injury can be astronomical. From medical bills and therapies to specialized care and long-term support, the financial burden can quickly become overwhelming. A birth injury lawyer will fight for the compensation you need to ensure your child’s future care needs are met, which may include:
- Current and future medical expenses
- Rehabilitation and therapy costs
- Specialized education and support services
- Lost wages for parents who may need to reduce work hours or leave their jobs to care for the child
- Pain and suffering (for both the child and the family)
Handling Insurance Companies and Settlements
Insurance companies may attempt to offer quick settlements that are insufficient to cover the long-term needs of the child. A birth injury lawyer will handle all negotiations with insurance companies to ensure that you receive a fair settlement that adequately covers the financial and emotional toll caused by the injury.
Taking Legal Action, If Necessary
If the insurance company refuses to offer a fair settlement, your birth injury lawyer will be prepared to take the case to court. They will advocate for your child’s best interests and fight to get you the compensation you deserve.

Common Causes of Birth Injuries

Birth injuries can occur for a variety of reasons. While some may happen due to unavoidable complications, many are preventable and result from medical negligence or errors during the birth process. Here are some common causes of birth injuries:

Failure to Monitor Fetal Distress
During labor, the baby’s heart rate and oxygen levels should be continuously monitored. If signs of distress are ignored or missed, the baby may suffer oxygen deprivation, leading to conditions like cerebral palsy or brain damage.
Improper Use of Forceps or Vacuum Extraction
In some cases, doctors may use forceps or a vacuum extractor to assist with the delivery. If these tools are used improperly or with excessive force, they can cause physical injuries like brachial plexus injuries or fractures.
Failure to Perform a Timely C-Section
If complications arise during delivery, such as fetal distress or a breach presentation, a C-section may be necessary. Delays in performing a C-section can result in oxygen deprivation and other serious injuries.
Prolonged or Difficult Labor
Prolonged labor can put stress on the baby, increasing the risk of birth injuries. Medical professionals should be able to identify signs of difficulty and take appropriate action to ensure the safety of both the mother and the baby.
Maternal Health Issues
Conditions like gestational diabetes, high blood pressure, and infections during pregnancy can contribute to birth injuries. If these conditions are not properly monitored and managed, they can increase the risk of complications during labor.
Failure to Properly Position the Baby
If the baby is in an abnormal position (such as a breech position) and healthcare providers do not take appropriate steps to reposition the baby or deliver the child safely, serious injuries can occur.

What Compensation Can You Receive in a Birth Injury Case?

If your child has suffered a birth injury due to medical negligence, you may be entitled to various forms of compensation, including:

Medical Expenses
The costs for current and future medical treatment, surgeries, physical therapy, medications, and specialized equipment needed for your child’s care.
Rehabilitation and Therapy
Ongoing therapy, rehabilitation, and other services are required for the child’s development and recovery.
Loss of Future Earning Capacity
If the birth injury leads to a permanent disability, compensation may be awarded for the child’s loss of future earning capacity.
Pain and Suffering
Compensation for the physical pain, emotional distress, and mental anguish caused by the birth injury. This can also include the pain and suffering experienced by the family.
Special Education and Care
If your child requires special education or other support services due to their injury, those costs may be covered.
Punitive Damages
In cases where the healthcare provider’s actions were grossly negligent or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

When Should You Contact a Birth Injury Lawyer?

If you suspect that your child’s injury was caused by medical malpractice or negligence during birth, it’s essential to contact a birth injury lawyer as soon as possible. Laws surrounding medical malpractice have strict statutes of limitations, meaning you only have a certain period to file a claim. By contacting an attorney early, you can ensure that your case is investigated thoroughly and that all necessary legal steps are taken to protect your child’s future.

Conclusion: Protect Your Child’s Future with a Birth Injury Lawyer

A birth injury can have a profound impact on your child’s life, but with the help of a compassionate and skilled birth injury lawyer, you can hold the responsible parties accountable and secure the financial compensation needed to care for your child’s needs. Whether the injury is minor or life-altering, your lawyer will fight for the justice your child deserves.

If your child has suffered a birth injury, don’t wait. Contact an experienced birth injury lawyer today for a free consultation and begin the process of securing the compensation and care your child needs for a brighter future.