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Birth Injury Lawsuits

Birth is a joyous, hopeful occasion. But a birth injury can transform the event by adding extra, sometimes devastating, complications and problems to be faced. Birth injuries can range from treatable conditions to those causing lifelong disabilities to those causing death.

Birth injuries due to medical negligence may be medical malpractice, and the affected family can pursue a birth injury lawsuit against the doctor or hospital or others involved to hold them accountable and provide compensation to the family facing unforeseen bills and pain and suffering.

If you are considering filing a birth injury lawsuit, call us at 800-796-1636 or submit your case details online and someone will contact you shortly. You pay nothing unless we win your case.

At Trustwell Law, we have access to the expertise, resources, and manpower to fully investigate each case and fight for and with our clients to get the justice they deserve. Our experienced attorneys take a personalized, compassionate approach. We cut through the legalese and partner with our clients.

Birth Injury Risk Factors

Births are high-risk medical events. Not as much today as in history, but birth is still high risk for the baby and the mother. Six to 8 babies out of every 1,000 babies born in the U.S. are born with a birth injury, and those injuries are responsible for about 2 percent of all newborn babies’ deaths.

Circumstances during pregnancy or delivery that may be factors in birth injuries include:

  • Failure to perform adequate prenatal testing (tests and monitoring during pregnancy)
  • Failing to perform specialized tests during pregnancy
  • Neglecting to refer the mother to specialized doctors when warranted
  • Insufficient fetal monitoring during pregnancy
  • Insufficient maternal monitoring during pregnancy
  • Failure to note and address changes in the fetus’ condition
  • Failing to diagnose or appropriately treat conditions such as
    • Infections
    • Placental abruption
    • Placenta previa
    • Umbilical cord entrapment
    • Premature rupture of the membranes
  • Improperly prescribing or dosing medications during pregnancy
  • Improper use of Pitocin, a labor-inducing drug
  • Prolonged labor
  • Fetus that is large for their due date (macrosomia)
  • Failure to monitor the fetus for signs of distress during labor
  • Breech or face-first delivery
  • Improperly pulling or twisting the baby’s head during delivery
  • Use of forceps or vacuums during delivery
  • Neglecting to perform a Caesarian section or delaying a Caesarian section that is medically indicated

Birth Injuries to the Newborn

Birth injuries to the newborn can result in broken bones, lifelong disabilities, and even death. Evidence suggests that almost half of all traumatic birth injuries are avoidable if medical professionals plan sufficiently and act appropriately.

Birth injuries to the baby that may be the result of medical malpractice include:

  • Bone fractures
  • Hemorrhaging in the brain
  • Brachial plexus, including Erb’s palsy
  • Cerebral palsy
  • Facial nerve paralysis
  • Spinal cord injury
  • Intra-abdominal injuries
  • Death

Birth Injuries to the Mother

Mothers also can get injured during childbirth. At times, an injury to the mother may have been unavoidable, but injuries to the mother should be investigated to ensure they were not avoidable with the right medical attention and action. Injuries to the mother may also be dangerous to the baby, such as preeclampsia.

Birth injuries to the mother can include:

  • Ruptured uterus
  • Vaginal tears
  • Anal fissures
  • Preeclampsia (pregnancy-induced hypertension; if not diagnosed, it can lead to death for the mother and the baby)
  • Infection or excess bleeding following an episiotomy
  • Infection or excess bleeding from Caesarian section
  • Ill-effects from improper monitoring of mother when administering anesthesia or epidurals
  • Death

Birth Injury Legal Consultation

If you or your baby experienced birth injuries, contact us for a free consultation. Birth injuries may be caused by unavoidable factors, but birth injuries may also be due to a failure to properly monitor and treat the mother and fetus during pregnancy and delivery. It is important to consult with a knowledgeable, experienced attorney to evaluate whether the injuries you or your baby suffered were avoidable. You may be entitled to compensation for past and future medical bills, pain and suffering, lost work, and other expenses.

Also, filing deadlines differ from state to state, making it even more important to contact a birth injury lawyer immediately if you suspect medical negligence led to your or your baby’s birth injury.

Hospitals and doctors have teams of experienced dedicated lawyers on their side. Shouldn’t you have a team of dedicated experienced lawyers standing with you?



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