Birth injuries are physical harm or trauma suffered by a baby during labor, delivery, or immediately after birth. These injuries can occur due to natural complications, but they are often linked to medical negligence or errors. Common causes include improper use of medical equipment, failure to monitor the baby’s vital signs, delayed C-sections, or failure to address complications such as umbilical cord issues or prolonged labor.

Examples of birth injuries include cerebral palsy, Erb’s palsy, fractures, brain injuries caused by oxygen deprivation, and nerve damage. While some injuries may heal with treatment, others can result in lifelong disabilities, requiring extensive medical care and support. If your child has suffered a birth injury, call Shapiro, Washburn & Sharp today at 833-997-1774 for a free consultation with a birth injury lawyer to discuss your case and explore your legal options.

Who Can Be Held Liable for a Birth Injury?

Liability for a birth injury often falls on healthcare providers or medical facilities responsible for the care of the mother and child. This can include obstetricians, nurses, anesthesiologists, and hospital staff. If negligence or failure to meet the standard of care led to the injury, these parties may be held accountable.

For example, a doctor may be liable if they used excessive force during delivery, misused tools like forceps, or failed to recognize and respond to signs of fetal distress. Hospitals can also be held responsible if improper protocols, understaffing, or inadequate training contributed to the injury. Establishing liability typically requires expert testimony and a thorough review of medical records.

What Damages Can Families Recover in Birth Injury Cases?

Families affected by birth injuries may be entitled to compensation for both economic and non-economic damages. Economic damages cover tangible costs such as medical expenses, ongoing therapy, adaptive equipment, and lost income if parents need to reduce work hours or leave their jobs to care for the child.

Non-economic damages address the emotional impact of the injury, including pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may also be awarded to punish the wrongdoer and deter similar behavior in cases involving gross negligence or willful misconduct. The amount of compensation varies depending on the severity of the injury and its long-term impact on the child and family.

How Can a Lawyer Prove Medical Negligence in a Birth Injury Case?

Proving medical negligence requires demonstrating that the healthcare provider or facility failed to meet the accepted standard of care. This involves showing that:

  • A provider-patient relationship existed.
  • The provider acted negligently by deviating from standard practices.
  • The negligence directly caused the birth injury.

Evidence may include medical records, expert opinions, and testimony regarding the standard of care. For example, if a doctor delayed performing a necessary C-section despite clear signs of fetal distress, this may constitute negligence. An experienced birth injury attorney can help gather and present the evidence necessary to build a strong case.

Do I Need an Attorney for a Birth Injury Claim?

While it’s not legally required to hire an attorney, having one is highly recommended for birth injury cases. These claims are complex, requiring knowledge of both medical and legal standards. An experienced attorney can investigate the incident, consult medical experts, negotiate with insurance companies, and represent you in court if necessary.

Insurance companies often attempt to minimize payouts or deny claims altogether, and navigating this process without legal representation can be overwhelming. An attorney ensures your family’s rights are protected and works to secure the maximum compensation for your child’s needs, including future medical care and quality of life.

By seeking legal counsel, you can focus on your family’s well-being. At the same time, an attorney handles the complexities of your case, giving you the best chance for justice and financial security.

Why Choose Shapiro, Washburn & Sharp?

At Shapiro, Washburn & Sharp, we have decades of experience representing clients in birth injury cases. As a trusted personal injury law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.

If you believe negligence caused injury to your child, acting quickly is crucial. Birth injury claims have strict time limits, and waiting too long can prevent you from seeking the compensation you deserve. Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.