Birth Injury

Birth injuries often represent the most devastating form of medical malpractice—because they can cause permanent disability or death to a newborn, often affecting the child (and family) for a lifetime.

Common Causes of Birth Injury

• Failure of (or negligent) fetal monitoring during labor
• Failure to perform timely Caesarean section (C-section) when indicated
• Improper management of labor or delivery (e.g., forceps or vacuum errors)
• Oxygen deprivation to the fetus (hypoxia or anoxia), leading to brain injury, cerebral palsy, or developmental delays
• Negligent prenatal care (e.g., failure to diagnose conditions like pre-eclampsia, gestational diabetes, infection)
• Post-delivery neglect (e.g., failure to address newborn distress, insufficient neonatal care, failure to treat infection or jaundice)

Consequences for Child & Family

Birth injuries can cause permanent, life-changing conditions: cerebral palsy, neurological damage, developmental delays, cerebral hemorrhage, nerve damage, and other long-term impairments. In the worst cases, a death of the child or mother may occur — triggering wrongful death or survival actions under the law.

What Clients Can Recover

Compensation may include past and future medical costs, specialized therapies, assistive devices, long-term care, and rehabilitation, as well as lost future earnings (for the child), loss of consortium, pain and suffering, and non-economic damages. When death occurs, wrongful death or survival damages for the surviving family members may be recoverable.

Challenges & Why Specialized Representation Is Critical

Birth injury cases involve detailed review of prenatal, labor, delivery, and neonatal records; reconstruction of medical events; and often require expert testimony from obstetricians, neonatologists, neurologists, life care planners, and economists. Successful representation requires thorough factual, medical, and legal investigation, as well as a credible threat to take the matter all the way to trial and win. As one of the most successful trial firms in the country, that is what we offer clients.