Talk to A Trusted Doctor.
Openly discuss your concerns with a medical professional as soon as possible. Get a record of your visit.
“Choosing Shunnarah was the best decision I could have made for my family.”
If You Suspect You Or Your Child Was Injured During Birth
Gather Medical Documentation.
It’s useful to have any pre-existing documentation of the birth in one place.
Call Shunnarah For A Consultation.
Our legal experts will talk you through the next steps in building a case.
What Is a birth injury?
Birth injuries (also called birth trauma) refer to any physical harm to a newborn baby before, during, or shortly after delivery. Harm and injury sustained by the mother also falls into the categories of birth injury and birth trauma.
The Benefits of Working with a birth injury lawyer
When you work with a birth injury lawyer at Alexander Shunnarah Trial Attorneys, you partner with a dedicated advocate committed to vigorously representing your interests. Each birth injury lawsuit is unique, but typically, you can get support every step of the way, including investigation, lawsuit filing, evidence gathering and discovery, mediation, settlement, and if necessary, trial.
Our attorneys work on a contingency fee basis, only charging you if they win your case. This arrangement allows families to focus on recovery and care of their children without worrying about legal expenses.
Three Considerations AFter A Birth INjury Occurs
The Emotional Toll: Birth injuries are devastating for families. Some require you and your entire household to learn a different way of life. On top of this stress, many people often have to manage the medical crisis while also managing work.
The Care Plan: Many parents don’t know what kind of care their child may need after a birth injury. An experienced legal expert who has worked through a birth injury case before can help you figure out your next steps.
The Financial Burden: Medical bills following a birth injury can be overwhelming. They often require ongoing payments for medical care and support. If medical malpractice or negligence is at the heart of your experience, the medical professional or hospital where the birth occurred may owe you compensation that can cover your medical costs.
Alexander Shunnarah Trial Attorneys can focus on calculating compensation to cover your expenses, increase your chances of building a strong claim, and help you achieve maximum compensation after a traumatic time.
Birth Injury Statistics
- According to the Centers for Disease Control and Prevention (CDC), birth injuries occur in about 7 of every 1,000 babies born in the United States.
- Birth trauma occurs most often in rural areas.
- Babies who are oversized, born prematurely, and part of multiple births are at a greater risk of a birth injury.
- Women between the ages of 25 and 34 are at the highest risk for birth injuries caused by assistive delivery tools (like forceps or vacuum extraction complications).
Frequently Asked Questions about Birth Injury Cases
Get answers to some of the questions we get asked the most about birth injuries.
How long does a birth injury case take to reach a verdict?
The duration of a birth injury case can vary, depending on the specifics of each case. It is common for a settlement to be reached within a few months, but it might take several years in more complex scenarios.
Are birth injuries considered medical malpractice?
Birth injury claims and wrongful death lawsuits related to birth injuries fall under the category of medical malpractice. This area of law focuses on recovering damages for injuries or fatalities caused by a breach of standard medical practice.
Medical malpractice in birth injuries typically involves preventable errors made by healthcare professionals during childbirth. While each case is unique, medical professionals with years of
experience delivering babies should be aware of how to prevent birth injuries and the conditions
that can lead to them. When healthcare professionals commit easily avoidable mistakes that result in birth injuries, these actions may be considered medical malpractice.
Medical negligence during childbirth can include failing to monitor signs of fetal distress, not treating maternal infections properly, not detecting or treating oxygen deprivation or insufficient blood flow to the brain, failing to perform a necessary C-section, improperly using delivery tools, or applying excessive force during delivery.
What are the most common types of birth injuries?
Some common types of birth injuries include:
Cerebral Palsy: This lifelong condition results from brain damage, often leading to developmental and physical disabilities. In some instances, cerebral palsy may arise from preventable causes, such as inadequate response to asphyxiation risks during childbirth.
Erb’s Palsy (Brachial Plexus Palsy): This nerve damage affects the shoulders, arms, and hands, leading to numbness, weakness, or paralysis. It can be caused by excessive force during delivery, including improper use of birth-assisting tools.
Spinal Cord Injuries: Spinal cord damage during childbirth can lead to severe consequences like paralysis or numbness. These injuries might occur due to excessive pulling or handling during delivery or failure to diagnose conditions like spina bifida.
Brain Damage: Brain injuries can range from mild to severe, including conditions like cerebral palsy. They may result from oxygen deprivation, head trauma during birth, or maternal infections.
Birth injury lawyers see these types of cases along with cases due to:
– Caput succedaneum
– Cervical dystonia
– Complications from C-sections
– Infant torticollis
– Intrauterine fetal demise
– Kernicterus
– Klumpke’s palsy
– Maternal infections
– Meconium aspiration syndrome (MAS)
– Newborn cephalohematoma
– Newborn jaundice
– Injuries from vacuum extractions
– Placental abruption
– Skull fractures
What do I need to prove a birth injury claim?
Often times, for parents to pursue a medical malpractice lawsuit, they must compile sufficient evidence to support their claim. A birth injury lawyer can be instrumental in this process, helping to gather essential elements of your case. These elements include proof of negligence by a medical provider, such as a doctor, nurse, or other healthcare professional involved in the infant’s care during pregnancy, labor, or delivery, and evidence that this negligence directly resulted in the birth injury or wrongful death.
Consulting a birth injury attorney is crucial for understanding your state’s specific medical
malpractice laws and the procedures for filing a claim.
How can I prove that my child was injured during birth?
Proving a birth injury typically involves obtaining a comprehensive medical evaluation. This evaluation is essential for understanding the full extent of your child’s injuries and determining necessary steps moving forward. Calling a birth injury lawyer soon after you or your baby are injured is vital for effective evidence gathering and ensuring the proper compensation is pursued.
What is the average amount of birth injury settlement?
The average settlement for birth injury cases is approximately $1.5 million, but this amount can vary depending on factors such as the severity of the injury and the available compensation.