Montgomery Birth Injury Lawyers

When parents are awaiting the birth of a child, the possibility of a birth injury is typically the last thing they want to think about. The Centers for Disease Control and Prevention reports that there are 5.7 infant deaths per 1,000 live births. There are about seven birth injuries per 1,000 live births.

If your newborn was injured during labor or delivery, you may be wondering how you’ll give your child the care they need. If you suspect the birth injury may be the result of medical malpractice, you could be entitled to compensation. 

The compassionate medical malpractice lawyers at the Serious Injury Law Group can discuss filing a birth injury claim. We are locally owned and committed to the community. We want to ensure your child has the care they need after having a rough start. Contact us to discuss the details of your claim in a free initial consultation.

Why You Need a Montgomery Birth Injury Lawyer If You Suspect Medical Malpractice

Many birth injury claims involve complex and unfamiliar medical issues that may be difficult to navigate on your own. An experienced Montgomery birth injury lawyer can help you by:

• Conducting an independent investigation – An attorney can review your medical records and your child’s prenatal, birth, and neonatal records to identify possible evidence of negligence or medical malpractice.

• Consulting with other medical providers – For complex issues, it may be necessary to obtain a second opinion. Your lawyer can speak to other healthcare professionals for a fresh, unbiased explanation of what may have happened that led to your child’s injury.

• Reviewing appropriate standards of care – A lawyer can research the standards of care that would normally apply to your birth situation to determine whether your medical team followed established patient care guidelines.

• Filing a medical malpractice insurance claim – Your attorney can establish a strong case against negligent medical providers and handle every aspect of filing a medical malpractice claim on your behalf.

• Taking your case to court, if necessary – If the medical provider’s insurance carrier refuses to agree to a reasonable settlement amount, a lawyer can take your case to trial to demand the compensation your family needs.

Common Types of Birth Injuries

Many potential complications may arise during labor and delivery that could leave newborns with serious birth injuries, such as:

• Cerebral palsy – Cerebral palsy is a disorder that can affect a child’s visual abilities, hearing, motor functions, and learning abilities. Cerebral palsy may lead to difficulties with moving, balancing, and maintaining posture.

• Brachial plexus injuries – The brachial plexus is a critical network of nerves that runs throughout the shoulder. When the brachial plexus is injured during delivery, the baby may have reduced sensation or motor function in the affected arm.

• Asphyxia – Asphyxia is a lack of oxygen to the brain or body. Asphyxiation injuries can occur if there is pressure on the umbilical cord or a rupture in the uterus or placenta.

• Hemorrhaging – A hemorrhage is the rupture of a blood vessel. When this occurs, blood loss may lead to oxygen deprivation and possible brain damage.

• Shoulder dystocia – If a baby’s shoulder is caught against the mother’s pelvis during delivery, it can lead to serious complications such as bruises, fractures, or brachial plexus injuries.

Who Is Responsible for Your Child’s Birth Injury?

In most birth scenarios, an entire team of individuals is responsible for the health of the mother and baby. Any of the following parties could bear responsibility for a child’s birth injury:

• Doctors – A physician may be liable for a birth injury if they fail to follow appropriate standards of care, misdiagnose the patient, or approve risky medical procedures.

• Nurses – A nurse entrusted with the care of the mother or baby could be at fault if they fail to notify attending physicians of potential signs of complications.

• Anesthesiologists – An anesthesiologist could be responsible for a birth injury if they administer the wrong dosage or the wrong type of anesthetic.

• Pharmacists – A pharmacist could be liable if they dispense inappropriate medications or incorrect dosages to mothers or babies during labor or delivery.

• Midwives – A midwife could be responsible for a home birth injury if they fail to recognize potential complications and suggest an appropriate hospital transfer.

Acts of Negligence That Could Cause a Birth Injury

Some acts of healthcare provider negligence that can lead to a birth injury include:

• Preventable infections – If a healthcare professional fails to properly sterilize equipment or surgical wounds, the mother or baby could end up with an infection that may lead to diseases or other serious complications.

• Forceps or vacuum extraction errors – If a doctor or nurse uses excessive force when it is not necessary or fails to operate a vacuum extractor or pair or forceps properly, their poor technique may result in blood loss, fractures, or other injuries.

• Amniocentesis errors – Amniocentesis, or the sampling of amniotic fluid, can lead to birth injuries if medical professionals fail to follow proper sterilization procedures and cause infections to develop.

• Fetal monitoring errors – If medical teams fail to check for dangerous conditions such as abnormal fetal heart rate, umbilical cord issues, or other signs of fetal distress, it may lead to avoidable birth injuries.

• Cesarean section delays – If a doctor or midwife fails to recommend a Cesarean section in a timely manner, complications can arise.

Potential Compensation for Birth Injuries

If your child sustained a birth injury due to medical malpractice or negligence, you could be entitled to compensation for:

• Medical expenses – Past, ongoing, and future medical expenses associated with the treatment of your child’s birth injury, such as costs of surgery, therapy, or prescription medications.

• Incidental costs – Any additional healthcare costs related to your child’s birth injury, including the costs of in-home care, home accessibility modifications, and transportation to and from medical appointments.

• Lost earnings – If you or your spouse are forced to miss time at work while you recover from birth-related trauma or care for your child, you could be compensated for losses in your take-home pay.

• Pain and suffering – The subjective costs of the physical pain and psychological suffering you and your child experience due to medical malpractice.

• Loss of quality of life – If you or your child is disabled due to birth-related injuries, you could receive compensation for losses in your overall quality or enjoyment of life.

How Our Montgomery Birth Injury Lawyers Can Help

If your child suffered preventable birth injuries due to medical malpractice or negligence, let the experienced Montgomery birth injury lawyers of the Serious Injury Law Group help. Contact us today to learn more about how we can support your birth injury claim.