Do I Need A Birth Injury Attorney?

June 16 2023 | Personal Injury Lawyer Blog
  • Do I Need A Birth Injury Attorney

    The birth of a child is a milestone typically met with joy and anticipation. Unfortunately, even if parents take every precaution to ensure their baby enters the world healthy, there is only so much control they have over the medical care they receive before, during, and after labor. When a birth injury occurs due to the carelessness of a doctor, medical facility, or healthcare provider, the consequences can be devastating. That mental anguish is compounded by the complicated legal challenges a birth injury lawsuit entails. Below, we’ll discuss signs to look for throughout a pregnancy that may indicate negligence, as well as legal steps parents can take to secure a better financial future for their child.

    If your child has suffered a birth injury, it’s important that you contact an experienced birth injury attorney as soon as possible.

    Call our legal team today for a free consultation. We’re here for you 24/7 and can help answer any questions you may have.


    During Development

    Throughout the pregnancy, a mother will typically have regular checkups to monitor the health of the baby. Healthcare professionals should carefully evaluate the child’s development and the mother’s condition in the months leading up to delivery. If a doctor fails to recognize warning signs during fetal development or misdiagnoses a condition, it can cause complications later on during childbirth.

    In some instances, a mother may show symptoms during the pregnancy that are indicative that birth injuries are likely to occur. However, her concerns may be downplayed or even dismissed entirely. Negligent healthcare providers sometimes attribute physical signs of complications in pregnancy to a mother’s anxiety, stress, or exhaustion. A misdiagnosis of this nature could prevent necessary and life-saving care to both the mother and the child. If your doctor did not validate your concerns or evaluate your symptoms prior to labor, you may need to consult with a birth injury attorney.

    Injury At Birth

    Many parents do extensive research and preparation to ensure the best outcome possible for their baby during childbirth. However, certain aspects of labor can still cause things to go wrong during delivery. It’s the responsibility of the healthcare providers to administer responsible and appropriate care to both the mother and child. They are also expected to react accordingly to medical emergencies that occur during labor. A few indicators of negligence during childbirth include:

    • Failing to monitor vitals – Doctors and nurses should monitor the baby’s vitals during delivery to help guide their medical decisions. If they fail to monitor these critical health indicators and overlook a complication as a result, the child may be harmed.
    • Misusing procedure tools – Misusing tools such as forceps or a vacuum extractor to assist with delivery can cause serious harm to the baby, including brachial plexus injuries or skull fractures.
    • Using excessive force – Doctors or nurses who maneuver a baby improperly can cause unnecessary strain on the neck and head. Pulling the child too quickly or with too much force can lead to brain damage.
    • Administering medication incorrectly – During delivery, a mother may receive an epidural or other medications to help with the labor process. If these medications are administered incorrectly, the baby may experience oxygen deprivation. Prolonged oxygen deprivation can lead to cerebral palsy or other lifelong complications.

    Not all birth injuries can be prevented. If circumstances during labor require doctors to act quickly to save lives, a birth injury may be unavoidable. However, in an emergency situation, where moments count and the well-being of the mother and child are on the line, careless mistakes and negligence are unacceptable. An experienced injury attorney will consider the circumstances of a birth injury and review the medical records to determine if the labor injury was caused by negligence.

    After Delivery

    Following the birth of your child, medical providers are required to examine the baby for signs of trauma or health issues. If they overlook or misdiagnose a condition that can later be linked to negligence, the medical facility may be held responsible.

    Some medical conditions, such as cerebral palsy, may not be detected right away. In these instances, parents may be unaware that their child suffered from a birth injury until the baby begins missing developmental milestones. Our birth injury lawyers could still be able to help, even if your child’s diagnosis wasn’t given immediately after labor. We can evaluate the statutes relevant to your state and determine if a case can still be brought against those who caused your child harm.

    Birth Injury Lawyers Who Care

    Parents and caregivers of children with birth injuries often face overwhelming obstacles. Medical treatment for a child with a severe birth injury can be timely and expensive, especially if they require lifelong or intense care. Obtaining compensation for the harm caused to your child can help give them access to the care and treatment they need, both now and in the future.

    At Hughes & Coleman, we’re more than just outstanding legal professionals. Our team is composed of mothers, fathers, and passionate advocates who want the best for you and your child. We understand our clients’ fear and anxieties when facing a birth injury. If you suspect a birth injury was caused by the negligence of doctors, nurses, or other medical professionals – before, during, or after delivery – you don’t have to handle it alone. Our team can guide you through every step of the legal process with the compassion, empathy, and kindness your family deserves.

    Call us today at 800-800-4600 to speak with a member of our legal team.



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