The birth of a child is supposed to be one of life’s most joyous moments. However, when medical professionals fail to uphold their duty of care, that moment can quickly turn into heartbreak. A birth injury lawyer helps families navigate the emotional and legal aftermath of preventable birth-related injuries. These attorneys specialize in cases where negligence, errors, or medical malpractice lead to lifelong consequences for both the child and the family. Understanding your legal rights and options is crucial when seeking justice for your newborn’s suffering.
What Does a Birth Injury Lawyer Do?
A birth injury lawyer is a legal professional who represents families affected by medical negligence during pregnancy, labor, or delivery. Their primary role is to determine whether a healthcare provider’s actions—or inactions—caused harm to the mother or child. By thoroughly reviewing medical records, consulting with experts, and interviewing witnesses, these attorneys build strong cases that hold hospitals, doctors, and nurses accountable for their mistakes.
Birth injury lawyers handle every step of the legal process. They file claims, negotiate settlements with insurance companies, and, if necessary, take cases to trial. Their mission is not only to secure financial compensation for medical expenses, therapy, and lifelong care but also to promote accountability and prevent future medical errors.
Common Types of Birth Injuries
Birth injuries can occur due to various forms of negligence, including delayed response to fetal distress, improper use of delivery instruments, or failure to perform a timely cesarean section. Here are some of the most common injuries that may warrant a legal claim:
1. Cerebral Palsy: Often caused by oxygen deprivation during labor, cerebral palsy affects a child’s muscle coordination and motor skills. It is one of the most serious and lifelong birth injuries.
2. Brachial Plexus Injuries: This injury occurs when the nerves controlling the shoulder and arm are damaged, often due to excessive pulling during delivery. It can result in partial or total paralysis of the arm.
3. Hypoxic-Ischemic Encephalopathy (HIE): A lack of oxygen to the brain during delivery can cause HIE, leading to developmental delays, seizures, and permanent brain damage.
4. Skull Fractures and Head Trauma: Misuse of forceps or vacuum extractors can cause head injuries or fractures in newborns, leading to long-term neurological issues.
5. Spinal Cord Injuries: Rough or improper handling of the infant during delivery may damage the spinal cord, resulting in lifelong mobility challenges.
How a Birth Injury Lawyer Can Help Your Family
Dealing with a birth injury can be emotionally and financially overwhelming. A birth injury lawyer provides the support, resources, and legal knowledge needed to navigate this difficult time. Here’s how they can assist your family:
Investigation and Evidence Gathering: Attorneys collect vital evidence, including medical charts, fetal monitoring data, and witness testimony, to identify where negligence occurred.
Expert Consultations: Birth injury lawyers work with medical experts to analyze whether the standard of care was breached during delivery and to calculate long-term medical needs for your child.
Negotiation and Litigation: Skilled attorneys negotiate with hospitals and insurers to reach a fair settlement. If negotiations fail, they take your case to court to fight for justice before a jury.
Emotional and Practical Support: Beyond the courtroom, birth injury lawyers understand the emotional toll on families and offer compassionate guidance throughout the legal process.
Compensation in Birth Injury Cases
The financial impact of a birth injury can last a lifetime. Compensation in these cases aims to cover both immediate and long-term costs associated with the child’s condition. A successful claim may include damages for:
• Medical and rehabilitation expenses
• Ongoing therapy and specialized care
• Lost future earning potential
• Pain and suffering for both child and parents
• Home modifications or assistive devices
• Emotional distress and loss of enjoyment of life
In some cases, punitive damages may also be awarded if the court determines that the healthcare provider’s behavior was particularly reckless or intentional.
Why Experience Matters When Choosing a Birth Injury Lawyer
Birth injury claims are complex and require a deep understanding of both medical and legal principles. Hiring an experienced birth injury lawyer is essential to achieving the best possible outcome. Seasoned attorneys know how to navigate state laws, work with expert witnesses, and counter the tactics used by insurance defense teams.
Experienced lawyers also bring credibility to your case. Medical institutions and insurance companies are more likely to take your claim seriously when they see that your attorney has a strong record of winning substantial settlements or verdicts. Furthermore, most birth injury lawyers work on a contingency fee basis—meaning you don’t pay unless they win your case.
Steps to Take If You Suspect a Birth Injury
If you believe your child’s injury resulted from medical negligence, it’s important to act quickly. Medical malpractice cases have strict statutes of limitations, which limit how long you have to file a claim. Here are the key steps to follow:
1. Seek immediate medical attention and obtain a clear diagnosis.
2. Request copies of all medical records related to the pregnancy and delivery.
3. Document any signs of developmental delays or unusual behavior.
4. Contact a birth injury lawyer to discuss your case and legal options.
Early consultation ensures your attorney has sufficient time to gather evidence, consult with experts, and file the claim before deadlines expire.
Conclusion: Seek Justice and Secure Your Child’s Future
No family should have to suffer the devastating consequences of a preventable birth injury. With the help of a compassionate and experienced birth injury lawyer, you can hold negligent medical professionals accountable and secure the resources needed for your child’s lifelong care. Legal action not only helps your family recover but also encourages higher standards of care in hospitals and clinics, potentially protecting future patients from similar harm.
If you suspect that medical negligence played a role in your child’s injury, don’t wait to seek help. The right lawyer can make a lasting difference for your family’s future.
Moseley Collins Law
701 5th Ave Suite 4200, Seattle, WA 98104
(800) 426-5546