Birth Injuries and Maternal Injuries

Most births go well, but when warning signs are missed or a delivery is mishandled, a baby can suffer lifelong injury and a mother can suffer serious complications. Families facing these situations need clear answers about what happened.

Our attorneys investigate prenatal care, labor and delivery and neonatal care to determine whether preventable errors caused harm, and we pursue compensation for the long-term care that injured children often need.

Case Types We Handle

Our Birth Injuries and Maternal Injuries practice includes 16 case types. Select one to learn more.

• Cerebral Palsy Birth Injury ClaimsCerebral palsy claims involve brain injury around birth that may have been caused by preventable delivery errors.
• Hypoxic-Ischemic Encephalopathy (HIE)HIE is brain injury caused by reduced oxygen and blood flow around birth, sometimes due to delayed response to fetal distress.
• Oxygen Deprivation at BirthOxygen deprivation at birth can cause permanent brain injury when warning signs are missed or delivery is delayed.
• Brachial Plexus InjuriesBrachial plexus injuries damage the nerves of the shoulder and arm, often from excessive force during delivery.
• Erb's Palsy InjuriesErb's palsy is a brachial plexus injury that causes weakness or paralysis in a baby's arm.
• Birth-Related Brain InjuriesBirth-related brain injuries can result from trauma, oxygen deprivation or untreated infections during delivery.
• Improper Forceps Delivery InjuriesImproper forceps use can cause skull fractures, nerve damage and brain bleeding.
• Improper Vacuum Extraction InjuriesImproper vacuum extraction can cause scalp injuries, brain bleeding and skull fractures.
• Delayed Cesarean Section ClaimsDelayed C-section claims arise when providers fail to perform a timely cesarean despite signs of distress.
• Fetal Monitoring NegligenceFetal monitoring negligence involves failing to recognize or respond to abnormal fetal heart rate patterns.
• Neonatal Intensive Care NegligenceNICU negligence involves errors in the care of premature and critically ill newborns.
• Maternal Hemorrhage NegligenceMaternal hemorrhage negligence involves failing to prevent, detect or treat dangerous bleeding during or after delivery.
• Preeclampsia / Eclampsia NegligencePreeclampsia negligence involves failing to diagnose or manage dangerous high blood pressure in pregnancy.
• Maternal Birth InjuriesMaternal birth injuries include tears, infections and organ damage caused by negligent delivery care.
• Stillbirth Malpractice ClaimsStillbirth malpractice claims involve losses that may have been prevented with proper prenatal or delivery care.
• Neonatal Wrongful DeathNeonatal wrongful death claims help families after the preventable death of a newborn.

Common Causes of Birth Injuries and Maternal Injuries

• Failure to respond to fetal distress
• Delayed C-section
• Improper use of forceps or vacuum extractors
• Failure to diagnose preeclampsia or infection
• Medication errors during labor
• Inadequate neonatal care

Injuries and Losses We See

• Cerebral palsy and HIE
• Brachial plexus injuries and Erb's palsy
• Brain injuries and seizures
• Maternal hemorrhage and organ damage
• Stillbirth and infant death

Lifetime Care Planning

Birth injury claims often involve the cost of a lifetime of medical care, therapy, equipment and support. Life care plans and economic analysis help document these needs. Deadlines for injuries to children may differ from adult claims, but they still apply, and some states have special programs for certain birth injuries.

How We Investigate Birth Injuries and Maternal Injuries Claims

Strong cases are built on evidence gathered early. Depending on the facts, we work to obtain:

• Prenatal, labor and delivery records
• Fetal heart monitoring strips
• Neonatal and NICU records
• Review by qualified medical professionals

Who May Be Responsible

More than one party may share responsibility, which can increase the insurance coverage available. Potentially liable parties include:

• Obstetricians and midwives
• Hospitals and birthing centers
• Nurses and NICU staff
• Anesthesiologists

What to Do After an Incident

1. Get a second opinion and needed follow-up care
2. Request copies of your medical records
3. Write down dates, providers and what you were told
4. Keep medication containers and discharge papers
5. Avoid signing releases from the provider
6. Speak with an attorney promptly — special deadlines may apply

Compensation You May Be Able to Recover

Depending on the facts and the law that applies, a claim may include:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain, suffering and emotional distress
• Rehabilitation, long-term care and home modification costs
• Property damage and other out-of-pocket losses

Why Acting Early Matters

Every state sets deadlines for filing injury claims, and claims involving government entities can require formal notice within a much shorter time. Video footage, records and physical evidence can be lost quickly. Speaking with an attorney early protects your options.

How Our Attorneys Can Help

We investigate what happened, deal with the insurance companies, document the full extent of your losses and pursue a fair settlement — and we are prepared to go to court when an insurer will not be reasonable. Personal injury cases are handled on a contingency fee basis: you pay no attorney fee unless we recover compensation for you. Consultations are free and confidential.