The birth of a child should be one of the happiest moments in a family's life. When medical negligence during labor and delivery causes a preventable birth injury, that joy is replaced by fear, uncertainty, and anger. Birth injuries can range from relatively minor conditions that resolve on their own to catastrophic injuries that affect the child for the rest of their life.

At Dr. Ted Injury Law, Lisa Chen and Sarah Mitchell have represented dozens of families whose children were harmed by obstetric negligence. These cases are deeply personal to our team, and we fight to ensure that affected families receive the resources they need to provide the best possible care for their children.

Common Types of Birth Injuries

Cerebral Palsy

Cerebral palsy is a group of neurological disorders that affect movement, muscle tone, and posture. It is often caused by brain damage that occurs before, during, or shortly after birth. When cerebral palsy is caused by oxygen deprivation during labor and delivery, often due to a failure to monitor fetal distress or a delay in performing a necessary C-section, it may be the result of medical malpractice. Cerebral palsy is a lifelong condition that can require extensive medical treatment, therapy, assistive devices, and personal care.

Erb's Palsy and Brachial Plexus Injuries

Erb's palsy is a condition caused by damage to the brachial plexus, the network of nerves that controls the muscles of the arm and hand. It most commonly occurs when excessive force is applied to the baby's head, neck, or shoulders during delivery, particularly in cases of shoulder dystocia. Erb's palsy can result in weakness, loss of movement, or paralysis of the affected arm.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain injury caused by oxygen deprivation and restricted blood flow to the baby's brain. It can result from a variety of complications during labor and delivery, including placental abruption, umbilical cord problems, uterine rupture, and prolonged labor. HIE can cause intellectual disability, developmental delays, seizures, and motor impairments.

Fractures

Bone fractures, particularly of the clavicle, can occur during a difficult delivery. While most fractures heal without long-term consequences, they can be an indicator that excessive force was used during delivery.

When Is a Birth Injury Malpractice?

Not every birth injury is the result of medical negligence. Childbirth is a natural process that sometimes involves complications despite the best efforts of the medical team. A birth injury becomes malpractice when the healthcare provider:

  • Failed to properly monitor the mother and baby during labor
  • Failed to recognize and respond to signs of fetal distress
  • Delayed performing a necessary C-section
  • Used excessive force during delivery
  • Improperly used delivery instruments such as forceps or vacuum extractors
  • Failed to manage known risk factors such as gestational diabetes, preeclampsia, or a large baby
  • Failed to diagnose and treat infections in the mother or newborn

The Lifetime Cost of a Birth Injury

The financial impact of a serious birth injury can be staggering. A child with severe cerebral palsy, for example, may require a lifetime of medical care, therapy, special education, assistive technology, home modifications, and personal assistance. Studies estimate that the lifetime cost of care for a person with cerebral palsy can exceed $1 million, and some estimates are significantly higher.

A successful birth injury malpractice claim can provide the financial resources necessary to ensure that your child receives the best possible care throughout their life. This can include compensation for past and future medical expenses, therapy and rehabilitation costs, special education needs, assistive devices and technology, home and vehicle modifications, lost earning capacity, and pain and suffering.

Statutes of Limitations for Birth Injury Cases

Each state has specific time limits for filing a birth injury malpractice claim. In North Carolina, the statute of limitations is generally three years from the date of injury but is extended for minors. In South Carolina and Georgia, similar extensions apply for claims on behalf of minors. Because these cases are complex and time-sensitive, it is important to consult with an attorney as soon as you suspect your child's injury was caused by medical negligence.

Contact Dr. Ted Injury Law at (800) 555-HURT for a free consultation about your birth injury case.