Birth Injury Lawyer in Phoenix

Birth injuries vary in severity, but many share one thing in common: they could have been prevented with proper medical care. Some of the most frequent injuries include:

• Cerebral Palsy: Often linked to oxygen deprivation during delivery, leading to lifelong mobility and developmental challenges.
• Brachial Plexus Injuries: Damage to the nerves in the shoulder or arm, sometimes caused by excessive force during delivery.
• Fractures and Spinal Cord Injuries: Typically, the result of mishandled deliveries or improper use of instruments.
• Facial Nerve Paralysis: Often linked to improper forceps use.
• Maternal Injuries: Such as postpartum hemorrhage, infections, or complications from delayed C-sections.

While some birth complications are unavoidable, many result directly from medical errors.

Birth injuries can occur at any stage: pregnancy, labor, or delivery. Some of the most common causes include:

• Failure to monitor fetal distress with proper equipment.
• Delayed or denied emergency C-sections.
• Improper use of forceps, vacuums, or other instruments.
• Incorrect medication dosages for mothers during labor.
• Neglecting to diagnose or treat maternal infections during pregnancy.

When medical professionals fail to act with the standard level of care, they may be held legally responsible.

Depending on the facts, liability may rest with multiple parties:

• Obstetricians, nurses, or midwives involved in labor and delivery.
• Hospitals or birthing centers that fail to maintain safety protocols.
• Medical staff responsible for fetal monitoring and emergency care.
• Pharmaceutical providers when medications are improperly administered.

An experienced Phoenix birth injury lawyer can identify all liable parties and fight to ensure each is held accountable.

Some birth injuries are visible right away, but others may not appear until months or years later. Signs to watch for include:

• Unexplained seizures or developmental delays.
• Weakness or limited mobility in arms or legs.
• Difficulty feeding, swallowing, or breathing.
• Lack of muscle coordination or unusual reflexes.
• Speech or learning difficulties may develop as the child grows.

If you notice these symptoms, it may be linked to a preventable injury during birth, and a lawyer can help you investigate further.

Families may be able to recover both economic and non-economic damages, which can cover:

• Medical expenses and future care needs.
• Physical and occupational therapy.
• Specialized education or adaptive equipment.
• Pain, suffering, and emotional distress.
• Loss of enjoyment of life for the child.
• Parents’ emotional trauma and loss of companionship.
• In rare cases, punitive damages are awarded to punish reckless conduct.

Birth injury cases often involve long-term planning, since many children require care well into adulthood.

While all medical malpractice claims are complex, birth injury lawsuits are particularly challenging because:

• The injuries often require expert testimony to connect medical negligence to long-term developmental issues.
• Multiple parties may share liability, from the delivery team to hospital administrators.
• Damages often include projected lifetime medical and educational costs, requiring economic experts to calculate.

For these reasons, families benefit from a law firm with extensive resources and access to nationally recognized medical experts.

Medical experts play a central role in Phoenix birth injury cases. They analyze fetal monitoring strips, delivery notes, and medical records to determine whether the standard of care was breached. Their testimony can confirm whether a child’s condition was preventable or simply an unfortunate complication, making them key to proving liability.

In Phoenix, birth injury cases must be filed within a limited window of time set by Arizona’s medical malpractice laws. This deadline begins once the injury is identified or reasonably should have been identified. If a family waits too long, the court may dismiss the case, which means losing the right to pursue compensation altogether. Acting quickly ensures your attorney has the opportunity to investigate, preserve evidence, and protect your child’s future.

Legally, it’s important to distinguish between a birth defect (a genetic or natural condition) and a birth injury (caused by medical negligence). While birth defects generally aren’t grounds for lawsuits, birth injuries often are, especially when linked to preventable medical errors.

Birth injury lawsuits are lengthy and evidence-heavy, often taking months or years to resolve. The process typically includes:

• A free case review to assess whether malpractice may have occurred.
• Collection and analysis of medical records.
• Consultation with expert witnesses.
• Filing a formal lawsuit against negligent providers or institutions.
• Settlement negotiations with insurers.
• Trial, if a fair settlement isn’t reached.

While the timeline can be daunting, having Morgan & Morgan on your side ensures every step is handled with care and determination.

Medical malpractice insurers fight hard to avoid paying out on birth injury claims. At Morgan & Morgan, we know their tactics, and we don’t back down. With over $25 billion recovered for clients and more than 35 years of experience, we have the resources to take on hospitals, insurers, and corporate healthcare providers.

Best of all, you don’t pay us unless we win. The Fee Is Free™.

If your child suffered a birth injury in Phoenix, you deserve answers and accountability. Morgan & Morgan can investigate what went wrong, build a strong case, and fight for the compensation your family needs. Contact us today for a free, no-obligation case evaluation.