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Birth Injuries

Nothing brings more joy to a family than the birth of a child, and nothing is more stressful than when complications and injuries arise during birth. When a birth injury is caused by medical negligence, the family of the child can hold the doctor and other medical professionals accountable by seeking damages in a birth injury lawsuit.
If your child suffered birth injuries, Morgan & Morgan is here to help. We’ve worked with hundreds of families who have struggled through the mental, physical, and financial stress that accompany birth trauma. Our knowledgeable attorneys can look into the details of your child’s birth, determine whether medical negligence caused injury, and take legal action that puts your family back in control.
Speak to one of our medically trained legal experts
8am - 8pm M-F

What Is a Birth Injury?

A birth injury is harm that occurs to a newborn during the birth process. Usually, birth injuries occur while the baby is passing through the birth canal. Medical negligence leading to birth injury, however, can occur in the weeks and months leading up to delivery. For example, a doctor may fail to properly monitor a baby’s size and position prior to birth, or fail to perform necessary tests.
Some of the most common birth injuries include:

Are Birth Injuries Caused by Medical Malpractice?

Birth injuries can occur in a variety of ways. Although not all birth injuries are caused by medical malpractice, some are the result of a doctor failing to follow medical care standards. Types of medical negligence that may lead to birth injury include the following:
  • Improper Forceps Use - Obstetrical forceps are a tong-shaped medical instrument that are sometimes used in the birthing process to help the baby’s passage through the birth canal. When done correctly, a forceps birth can be significantly safer. When mishandled, though, forceps can cause nerve damage in the head, neck, and chest of the child.
  • Improper Vacuum Use - The vacuum extraction method (sometimes referred to as venthouse extraction or simply VE) is another delivery method, this one involving the use of a vacuum-like device which attaches to the baby’s shoulder or skull to help guide them through the birth canal. VE is typically used when labor hasn’t progressed far enough, but the use of this method can lead to injuries for mother and child when handled incorrectly.
  • Hypoxia - Hypoxia is a condition that can occur in a child during birth if they do not receive sufficient oxygen. Because hypoxia can cause long-term mental and physical disabilities in the child, medical professionals are trained to detect it in advance and take preventative action to protect the mother and child from harm. If a medical professional fails to take note of the signs of hypoxia or fails to take the steps needed to prevent it, that professional may be liable for the resulting damages.
  • Failure to Monitor - During the delivery process, the medical team is responsible for monitoring various vitals in the child, like heart rate and oxygen levels. If the team fails to monitor these vitals and intervene quickly to signs of danger, they may be held liable for birth injuries which result from their negligence.
  • Delay in Ordering a C-Section or Failure to Perform a C-Section - If the child is found to be suffering from fetal distress, an emergency C-Section may be ordered and performed. If the medical team does not recognize the need for a C-Section or does not order it quickly enough, they may be held responsible for birth injuries caused as a result.
  • Improper Medical Response to Fetal Distress - Medical professionals are trained to respond to specific emergencies which can occur during delivery. If these protocols are neglected, the child may come to harm. In cases of medical neglect, the parents of the injured child may seek compensation for damages in a birth injury lawsuit.

How Can Birth Injury Lawyer Help?

Because there are many reasons why a birth injury might occur, it’s important for new parents to seek out a knowledgeable birth injury lawyer. A lawyer can determine how the injury occurred and if medical negligence played a role. In cases where medical malpractice is the suspected cause of injury, a lawyer can identify the types of damages the child and the parents might be entitled to and file a lawsuit against potentially liable parties.

What’s the Process Like?

Our attorneys work with medical experts to evaluate records from the child’s birth, as well as records of the mother’s care during pregnancy. We also speak with the parents about the pregnancy and delivery. Once we gather evidence and file a lawsuit, the next step is to demand an appropriate amount of compensation. Sometimes, the other party offers a fair settlement without the case going to trial. In other cases, a trial is needed for a full recovery.

What Makes Morgan & Morgan Different?

As one of the largest plaintiffs’ law firms in the country, we have the resources and strength to handle the most complex birth injury lawsuits. Our attorneys have recovered multi-million dollar birth injury verdicts and settlements, including nearly $6 million for a family whose baby suffered a brain injury due to medical negligence. We are ready to take cases to trial if settlement offers fall short—as they often do.

How Much Does it Cost to Hire Morgan & Morgan?

It costs nothing up front to hire Morgan & Morgan. We accept all cases on a contingency basis, which means that we only get paid if we win for you. You pay a portion of the recovery upon the successful conclusion of the case.

Contact Morgan & Morgan’s Birth Injury Lawyers

When a child is injured at birth, the parents may feel lost and unsure of what to do next. But due to claim filing deadlines, it is important to seek the advice of an experienced team of birth injury lawyers and registered nurses.
To discuss your child's birth injury free of charge with our birth injury team, call (855) 300-4456 or send us a message.
Speak to one of our medically trained legal experts
8am - 8pm M-F