Legal Guide

Birth Injury Attorneys

Thousands of babies are born every day in the United States with some type of birth injury. Some babies will be affected for the rest of their lives due to medical malpractice. Having a child with a birth injury is tragic as it can mean that your child will face challenges that other children don’t have to face, which prevents them from living a healthy life, now and in the future. If you think someone is responsible for this injury, you probably want justice for your child.

A birth injury is not only devastating for your family, it is also expensive. Depending on the injury, your child may need a lot of expensive care for years to come. There may be immediate treatments and surgeries such as physical therapy, educational interventions, emotional and behavioral therapy.

Making The Right Choice

Making sure you get the best representation is vital, there are birth injury attorneys who specialize in certain areas and they will have the right expertise to give you a better chance of making a successful case. Birth injury attorneys can help you take legal action against the doctors or other medical personnel who may have caused your child's condition. These lawyers know how to gather personal recollections, medical records, and other information and build a birth injury case

No Win No Fee

There are attorneys who will work on a no win no fee basis. Under a No Win No Fee Agreement, you will only pay legal costs if you win compensation, so if your claim is unsuccessful, you do not pay anything. Initial advice is usually free and if the case is won the attorney will take a percentage of around a third of the compensation awarded. No win no fee lawyers usually take on cases where they can establish that someone is to blame and that it is likely that they could be successful in winning you compensation from those responsible.

Common Birth Injuries 

Cerebral Palsy. This can happen when there is an inadequate flow of oxygen to the baby during childbirth. It may be because blood flow was restricted or because the blood getting to the baby does not have enough oxygen. 

Brachial palsy. This occurs when the group of nerves that supplies the arms and hands is injured. The brachial plexus is a network of nerves near the neck that give rise to all the nerves of the arm. These nerves provide movement and feeling to the shoulder, arm, hand, and fingers. Palsy means weakness, and brachial plexus birth palsy causes arm weakness and loss of motion.

Bruising or forceps marks. While using forceps is considered a safe procedure, they can cause injuries or brain damage to the baby during delivery.

Facial Paralysis. This can be caused due to brain trauma and it is the loss of controllable muscle movement on your baby's face due to pressure on the facial nerve just before or at the time of birth.

Fractures. Most causes of fractures in babies result from the use of an instrument during delivery. Instruments are more likely to be used during a difficult birth and if used incorrectly or with too much force can cause fractures.