Birth Injury Lawyer

Birth Injury Lawsuit

birth injuryYou and your family wait months to welcome a baby into the world. Unfortunately, birth injuries are far too common. At Dash Injury Law Firm, our attorneys understand that birth injuries not only have emotional and physical consequences but also cause financial difficulties for the family. If the birth injury was caused by medical malpractice, the family may be eligible to file a lawsuit to receive financial compensation that can be used to cover medical bills, lost wages, and their pain and suffering.

Filing a birth injury lawsuit will also hold the negligent medical professionals liable for their actions and could help prevent other families from experiencing a similar incident.

Dash Injury Law Firm is dedicated to fighting for parents whose newborn was injured because of a medical professional’s negligence. We are experts in working through complex legal and insurance processes to ensure our clients get the financial compensation they deserve. Complete an online contact form to learn how our legal team can provide you with legal support so you can focus on your child’s recovery.

What is a Birth Injury?

During the birthing process, the baby may suffer an injury due to a variety of causes. The injury could be caused before, during, or immediately after labor and delivery. Most birth injuries are minor and can heal over time, but serious injuries can cause long-term health issues such as cerebral palsy or brachial plexus. When a serious injury is caused due to medical malpractice by the medical professionals on the delivery team, a legal claim is valid.

Types of Birth Injuries

A medical malpractice injury can occur at any stage of the birthing process, but the birth injuries that occur in the labor and delivery room are more common. Common types of birth injuries include:

  • Brachial plexus palsy
  • Brain damage or head trauma
  • Cerebral palsy
  • Clavicle fracture
  • Erb’s palsy
  • Facial paralysis
  • Hypoxic-ischemic encephalopathy (HIE)
  • Klumpke’s palsy
  • Shoulder dystocia
  • Torticollis (wry neck)

Causes of Birth Injuries

Birth injuries are caused when the standard of care that is expected from a medical professional is not met. Some of the most common causes of the different types of birth injuries mentioned above include:

Delayed C-Section

An emergency cesarean section (C-section) is performed when the baby is suffering from fetal distress, which is often caused by a sudden drop in the mother’s blood pressure, bleeding from placental abruption, or other delivery health issues. An emergency C-section may also be required due to cord prolapse, placenta previa, slowed labor, or uterine ruptures. A birth injury may occur if the delivery doctor or nurse fails to recognize that the mother requires an emergency C-section. This delayed C-section and their lack of perception may cause serious injuries for both the mother and the child.


This is a condition that occurs when the baby’s brain is lacking oxygen. The causes of hypoxia include umbilical cord entanglement and infection or damage to the placenta. If hypoxia is not treated properly or quickly enough, the baby may suffer brain damage that may progress into a permanent disorder such as hypoxic-ischemic encephalopathy or cerebral palsy. A doctor’s failure to address hypoxia may cause lifelong disabilities and is grounds for a birth injury lawsuit.

Improper Use of Vacuum

Vacuum extraction devices are used to help the baby’s head pass through the birth canal and are only used in extreme situations because of the risks associated with this method. The vacuum is cup-shaped and fits around the head of the baby. The delivery team is responsible for using this medical device properly to avoid causing injuries to the newborn and the mother.

Birth injuries may also be caused by the following forms of medical malpractice:

  • Failing to perform proper prenatal testing
  • Failing to follow proper delivery procedures
  • Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, or other common birth-related health issues
  • Failing to recognize changes in the condition of the fetus
  • Failing to properly monitor heart rate during pregnancy
  • Failing to communicate important health information amongst other medical professionals

Signs of Birth Injury

After delivery, there may be some signs of birth injury. These signs include:

  • Pale or blue skin
  • Slow breathing
  • Slow heart rate
  • Sluggish or lethargic behavior
  • Difficulty feeding
  • Odd movements or seizures
  • Low Apgar score

In some cases, a birth injury may not be noticed until years later when the child is having trouble developing. These signs include disabilities with behavior, learning, motor-functions, and speech.

How to Determine if Your Baby Suffered Injuries From Medical Malpractice?

As shown in the information above, birth injuries can be caused by various factors. To find out if the medical professionals handling your delivery are responsible for your baby’s injury, you can contact an attorney who is well-versed in this case type. At Dash Injury Law Firm, our birth injury attorneys can review medical documents, what medical devices were used, diagnostic tests, and any other information regarding your pregnancy and delivery. We closely look to see if the delivery team failed to meet any standard of care and if their negligence caused your child to suffer an injury. If we determine that the doctors and/or nurses were indeed responsible, then we will help you proceed to file a birth injury lawsuit.

Damages in a Birth Injury Lawsuit

Parents of a child who suffered serious birth injuries due to the negligence of medical professionals may be eligible to file a claim for monetary damages. These damages may not be able to fully make up for the pain and suffering endured by the family and child. It is, however, a means to a resolution and financial aid in this difficult situation the family is facing.

The compensation awarded can be used to cover any type of financial loss or expenses the family has faced because of the birth injury. Here is a list of the types of damages that parents can receive in a successful birth injury lawsuit:

  • Medical bills (past and future)
  • Additional healthcare expenses (e.g. in-home care, special medical equipment, therapy)
  • Loss of income
  • Pain and suffering
  • Loss of companionship
  • Loss of life’s enjoyment

Hiring a Birth Injury Lawyer

Birth injury lawsuits involve a complex legal process, so having a skilled attorney working for you will allow you to focus on your child’s recovery. Dash Injury Law Firm is committed to helping parents of children who were injured during labor.

Medical expenses associated with birth injuries can be extremely high and so we work to get your family financial compensation with a birth injury lawsuit. The statute of limitations differs depending on where you file your claim and parents have a specific window of time to pursue legal action. Speak with our legal team today to learn how to take legal action.

Contact Dash Injury Law Firm

Dash Injury Law Firm helps parents take legal action against the hospitals and healthcare professionals responsible for their newborn babies’ injuries. Our personal injury attorneys are skilled and experienced in litigating birth injury lawsuits. We will fight on behalf of clients for maximum financial compensation.

Dash Injury Law Firm provides birth injury lawsuit services in the surrounding areas of the following locations:

Call Dash Injury Law Firm today at 888-(DASH-LAW) or complete an online contact form for a free consultation.

The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.