Birth Injuries: Understanding Your Rights and Legal Options

Bringing a child into the world is usually an exciting and joyful experience. But what happens when something goes wrong?

Birth injuries can be devastating, not just for the newborn but for the entire family. Whether they happened because of medical negligence, improper care, or other unforeseen complications, the injuries (or their effects) last a lifetime.

Parents are left with increasing medical bills, endless therapy sessions, and, in the worst cases, a child who will need lifelong care. If your child suffered a birth injury, you might be wondering if it was preventable. And if so, who is responsible? Let’s talk about it.

What Are Birth Injuries? Birth injuries refer to any physical harm that a baby suffers during labor or delivery. Some injuries are minor and heal on their own or with minimal care, but others can result in permanent disabilities. The most serious birth injuries might even require lifelong medical care. Here are some common types of birth injuries:

• Cerebral Palsy – A disorder that affects movement and muscle coordination. It is often caused by a lack of oxygen to the brain during delivery.

• Brachial Plexus Injuries (Erb’s Palsy) – Nerve damage in the baby’s shoulder or arm. This can sometimes be due to using exercise force during delivery.

• Hypoxic-Ischemic Encephalopathy (HIE) – A brain injury caused by oxygen deprivation. It can lead to developmental delays and intellectual disabilities.

• Skull Fractures or Brain Bleeding – This type of internal damage can be a result of improper use of forceps or vacuum extractors.

• Facial Nerve Damage – Partial facial paralysis may occur if too much pressure is applied during birth.

While some injuries are unavoidable, many of them are caused by medical negligence – which means they could have been prevented with proper care.

How Do Birth Injuries Happen? A single mistake during labor and delivery can lead to severe consequences. No matter how minor it may sound, any kind of mistake should not be taken lightly. Some of the most common causes of birth injuries include:

• Improper use of forceps and vacuum extractors. These tools are known to cause serious birth injuries when not used correctly.

• Failure to detect fetal distress. Doctors should always be watching for signs that a baby isn’t getting enough oxygen.

• Delayed C-section. If a baby is in distress, a C-section should be performed immediately to prevent oxygen deprivation.

• Medication errors. Incorrect doses of drugs that induce labor, like Pitocin, can also lead to complications.

• Failure to diagnose maternal infections. Some infections can be passed to the baby and cause serious health issues.

If any of these factors played a role in your child’s birth injury, you may have grounds for a legal claim.

How Can a Birth Injury Lawyer Help? You don’t file a legal claim for a birth injury just for compensation. It also helps you hold negligent medical professionals accountable and secure the resources that your child will need for a better future. A skilled birth injury lawyer can help by:

• Investigating medical records to determine if negligence caused the injury.

• Consulting medical experts to find out how the injury happened and who is responsible.

• Calculating damages, including medical bills, therapy costs, lost income, and pain and suffering.

• Negotiating with insurance companies so you don’t get pressured into accepting a low

  settlement.

• Representing you in court if necessary.

The legal process can feel overwhelming, but you don’t have to go through it alone. The Birth Injury Lawyers Alliance specializes in helping families dealing with birth injuries get the justice they deserve.

What Compensation Can You Receive? Birth injuries often result in lifelong expenses, which is why compensation is so important. A successful claim can help cover:

• Medical bills, including hospital stays, surgeries, medications, and ongoing treatments.

• Therapy costs to help your child develop motor skills and independence.

• Assistive devices like wheelchairs, braces, or communication aids.

• Special education costs if your child requires individualized learning support.

• Loss of income if a parent has to leave work to provide full-time care.

• Pain and suffering for the emotional and psychological impact of the injury.

A birth injury lawyer will fight to ensure you don’t bear these financial burdens alone.

Steps to Take if You Suspect a Birth Injury: If you believe your child suffered a birth injury due to medical negligence, it’s important to take action quickly. Here’s what you should do:

• Get a Medical Evaluation: If you notice developmental delays, muscle weakness, or other concerning signs, seek a second opinion from a specialist.

• Request Medical Records: Your child’s medical records can provide crucial evidence in determining whether malpractice occurred.

• Document Everything: Keep track of doctor visits, medical expenses, therapy sessions, and any changes in your child’s condition.

• Consult a Birth Injury Lawyer: A lawyer can help determine if you have a case and guide you through the legal process. Consult a birth injury lawyer to understand your options.

How Long Do You Have to File a Claim? Birth injury cases are subject to statutes of limitations, which means that you only have a limited time to take legal action. In most states, you must file a lawsuit within two years of the injury. However, some states allow exceptions if the injury wasn’t immediately discovered.

Since birth injuries may not be obvious until a child starts missing developmental milestones, your deadline to file could be extended. An experienced attorney can help you understand the deadlines in your state and make sure you don’t miss your chance to seek justice.

Why Legal Action Matters: Some parents feel hesitant about filing a lawsuit, especially if they trust their doctors. But the truth is that preventable medical errors shouldn’t be ignored. By taking legal action, you’re not just fighting for compensation; you’re also:

• Ensuring that your child gets the best care possible.

• Holding negligent medical professionals accountable.

• Helping prevent similar mistakes for future families.

Your child deserves the best chance at a healthy, fulfilling life. If a birth injury was caused by inadequate or improper care, you have every right to seek justice. No parent should have to go through the heartbreak of a preventable birth injury. If you suspect medical negligence played a role in your child’s condition, you don’t have to face this battle alone. Birth injury lawyers can help you understand your rights, build a strong case,