Birth Injuries


At Morgan & Morgan, our attorneys realize that birth injuries not only have physical and emotional consequences but also place a financial strain on the child’s family. When a birth injury is caused by the negligence of a doctor or another healthcare provider, the family may be able to recover compensation for these costs through a birth injury lawsuit.
Our birth injury lawyers have seen families struggle with the costs of providing physical therapy, special schooling, and other care needed for their children. Hospitalization for birth defects alone costs the U.S. over $2.6 billion annually, according to the Centers for Disease Control.
With more than 20 years of experience handling birth injury claims, our personal injury lawyers can examine your unique situation carefully and deduce whether your doctor took proper care during delivery and the amount of damages that may be owed for your losses.
Was your child harmed at birth? If so, our birth injury lawyers at Morgan & Morgan may be able to file a claim against the medical professional who delivered your child. To find out if you could be owed compensation, fill out our free case review form to contact us today.
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Birth Injury Lawsuits & Medical Negligence
- Improper Forceps Use: When a mother is having difficulty delivering her child or if the infant is improperly positioned in the womb, the attending physician may use forceps to help the child along. Proper use of forceps could reduce the child’s risk of oxygen deprivation and fetal distress, conditions that have been linked to cerebral palsy and other birth injuries. However, doctors have to be extremely careful, as forceps can cause nerve damage in the child’s neck or chest, and other, less severe injuries to the head.
- Improper Vacuum Use: When the mother is having difficulties expelling the fetus from the birth canal, a vacuum may be needed to assist her. Vacuums can be latched onto a baby’s shoulder or head and guide the child through the birth canal. Doctors and nurses are responsible for properly placing the vacuum on the infant. When the vacuum is improperly used, severe injuries to both the mother and newborn can result.
- Delay in Ordering a Caesarian Section: Emergency C-sections are ordered if the child is suffering from fetal distress. This often occurs when the child’s heart rate slows as a result of a sudden drop in the mother’s blood pressure, bleeding from placental abruption or other problems in delivery. Other conditions that may also require an immediate C-section include uterine ruptures, cord prolapses, slowed labor, and placenta previa (placenta covering the cervix). If the delivery team fails to recognize that the mother needs to have a C-section delivery, they may be liable if their lack of perception causes injuries for the mother and/or child.
- Hypoxia: Hypoxia is a condition that takes place when the child’s brain is not receiving enough oxygen. During childbirth, hypoxia can be caused by a tangled umbilical cord, infection or damage to the placenta. Medical practitioners are trained to detect hypoxia well in advance and to take steps to eliminate the chance of harm to either the mother or child. If the doctor fails to notice the hypoxic event and take quick, necessary action to avoid injury, they may be liable for any resulting damages. If hypoxia is not quickly addressed, the child can develop chronic mental and physical disabilities.
- Failing to properly use the labor-inducing drug Pitocin
- Neglecting to perform specialized tests during pregnancy
- Failing to diagnose or treat infections, placental abruption or previa, umbilical cord entrapment, or premature rupture of the membranes
- Neglecting to refer high-risk patients to doctors specialized in this area
- Failing to note and address changes in the fetus’ condition
- Failing to perform sufficient prenatal testing
- Neglecting to communicate problems to doctors
How Do I Know if My Child Was Injured due to Medical Malpractice?
Hiring a Birth Injury Attorney
Birth Injuries in Newborns
- Clavicle fracture
- Brain damage or head trauma
- Brachial plexus palsy
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Shoulder dystocia
- Facial paralysis
- Torticollis (wry neck)
- Injuries resulting from hypoxic-ischemic encephalopathy (HIE)
What Can I Recover in a Birth Injury Claim?
- Past and future medical expenses
- Additional healthcare costs (e.g., occupational therapy, counseling, in-home care, special vehicles or equipment, home modifications)
- Lost wages
- Pain and suffering
- Loss of society and companionship
- Loss of life’s enjoyment