BIRMINGHAM BIRTH INJURY LAWYER

Birth injuries can affect a child’s development, mobility, and quality of life for years or even permanently. Families may suddenly need specialized medical care, therapy, assistive devices, and long-term support they never expected.

In Birmingham, birth injuries may result from delayed intervention, improper use of delivery tools, failure to monitor fetal distress, or mistakes during pregnancy or delivery. Alabama law allows families to pursue compensation when medical negligence causes or worsens a birth injury, but these cases are complex and often require detailed medical review and expert testimony.

A birth injury is harm suffered by an infant during pregnancy, labor, delivery, or shortly after birth. Some conditions are genetic or develop naturally before birth. Others occur because medical professionals failed to act appropriately during delivery or made preventable mistakes.

Birth injuries caused by negligence may involve damage to nerves, bones, muscles, or the brain and can result in long-term or permanent impairment.

Birth injuries linked to medical errors can vary in severity, but many have lasting or permanent effects on a child’s health and development. Common examples include:

• Brachial plexus injuries, such as Erb’s palsy, can limit movement or strength in a child’s arm or shoulder
• Brain injuries caused by oxygen deprivation may affect cognitive development, motor skills, or behavior
• Skull fractures or intracranial bleeding, often associated with traumatic or assisted deliveries
• Spinal cord injuries, which can result in partial or complete paralysis
• Bone fractures during delivery, including fractures to the clavicle or other fragile bones
• Facial nerve injuries, which may cause facial weakness or difficulty feeding
• Cerebral palsy resulting from birth-related trauma, sometimes linked to oxygen deprivation or delayed intervention

Many of these injuries require long-term medical care, physical or occupational therapy, specialized equipment, and ongoing support. When a birth injury could have been prevented with proper care, families may have the right to pursue accountability and financial resources to help meet their child’s needs.

Birth injuries may occur when medical providers fail to respond appropriately to known risks or emerging complications. Examples include:

• Improper use of forceps or vacuum extractors
• Failure to monitor fetal heart rate or distress
• Delayed or improperly performed C-sections
• Failure to address umbilical cord complications
• Failure to anticipate complications related to maternal or fetal health

When oxygen deprivation or trauma occurs during delivery, the consequences can be severe and lifelong.

Not every birth injury is preventable, but many are. A key question is whether medical providers followed accepted standards of care during pregnancy, labor, and delivery. Reviewing medical records, fetal monitoring data, and delivery decisions can help determine whether earlier or different action could have prevented the injury.

They can be. In certain situations, delays in ordering or performing a C-section may constitute medical negligence, particularly when there are clear signs of fetal distress or other complications that require urgent intervention. Prolonged delays can increase the risk of oxygen deprivation, trauma, or other serious birth injuries.

Whether a delay rises to the level of malpractice depends on several factors, including how quickly warning signs appeared, how medical providers responded, and whether earlier intervention could have reduced or prevented harm. Each case requires a careful review of medical records, fetal monitoring data, and the decisions made during labor and delivery to determine whether the standard of care was met.

Yes. When a birth injury is caused by medical negligence, a legal claim may be brought against the healthcare professionals involved, including doctors, nurses, or other medical staff. In many cases, the hospital or medical facility itself may also share responsibility, particularly when inadequate policies, staffing issues, or supervision failures contribute to the harm.

Birth injury cases often involve more than one liable party. Determining who is responsible requires a careful review of medical records, hospital procedures, and the actions taken during pregnancy, labor, and delivery. Identifying all responsible parties is important to ensuring that families have access to the full compensation needed to support their child’s long-term care.

Proving a birth injury claim often requires detailed medical evidence, such as prenatal and delivery records, fetal monitoring strips, imaging studies, and expert medical opinions. These cases are evidence-intensive and depend on showing that medical providers failed to meet accepted standards of care.

Birth injury investigations often involve reviewing thousands of pages of medical records, consulting with qualified medical experts, and carefully reconstructing the timeline of pregnancy, labor, and delivery. These cases require both legal and medical insight to determine what went wrong, when intervention should have occurred, and who may be responsible.

Morgan & Morgan approaches birth injury cases with the seriousness they deserve, understanding that the outcome can affect a child and family for a lifetime. These claims are handled with thorough preparation, close attention to detail, and a commitment to uncovering the full story behind what happened, so families have clear answers and a path forward.

Depending on the circumstances, compensation may include:

• Past and future medical expenses
• Therapy, rehabilitation, and assistive devices
• Specialized education or care needs
• Lost earning capacity for the child
• Emotional distress suffered by the family

Because birth injuries often involve lifelong needs, compensation must reflect long-term care and support, not just immediate costs.

In some cases, compensation may take into account the long-term needs associated with a birth injury, particularly when a child requires ongoing medical care, therapy, specialized equipment, or support services. Whether these future needs are considered depends on the nature of the injury, the evidence available, and the specific circumstances of the case.

Evaluating long-term care needs often involves medical opinions, treatment projections, and a detailed review of how the injury may affect the child over time. Each case is unique, and potential compensation is determined based on the facts and applicable law.

Birth injury claims are subject to strict legal deadlines, and missing those deadlines can prevent a family from pursuing compensation altogether. While certain factors may affect how these deadlines apply, waiting too long can limit legal options and make it harder to build a strong case.

Acting early also helps preserve critical evidence. Medical records, fetal monitoring data, and provider notes are easier to obtain and review when time has not passed. Early action can also allow medical experts to evaluate the care provided while the details are still clear.

Hospitals and insurers rarely admit fault, even when mistakes occurred. A refusal to accept responsibility does not mean that negligence did not happen. Independent investigation and medical review are often necessary to uncover the full truth behind a birth injury.

Birth injuries affect not just a child, but an entire family’s future. Morgan & Morgan understands how emotionally and financially devastating these cases can be and approaches them with care, thorough investigation, and determination.

If your child suffered a birth injury in Birmingham, a free, no-obligation case evaluation can help you understand your options and protect your family’s rights moving forward.