Birth-related care
Birth injuries.
Most births go well, and some complications can’t be prevented. But when warning signs are missed or a delivery isn’t managed properly, a mother or baby can suffer lasting harm.
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Birth injury or birth defect?
A birth defect is a condition that develops during pregnancy, often from genetic or developmental causes. A birth injury is harm that happens during labor, delivery, or shortly after. Some birth injuries can’t be avoided. Others result from care that fell below the standard of care.
Injuries to babies
- Oxygen deprivation, which can lead to hypoxic-ischemic encephalopathy (HIE), when signs of fetal distress weren’t acted on quickly enough
- A delayed C-section when one was needed
- Brachial plexus injuries, such as Erb’s palsy, which can happen when a baby’s shoulder gets stuck during delivery (shoulder dystocia)
- Injuries from forceps or vacuum extraction
- Infections that weren’t prevented, detected, or treated in time
- Newborn jaundice that wasn’t monitored or treated, which in rare cases can cause brain injury
Injuries to mothers
- Preeclampsia or other serious conditions that weren’t diagnosed or managed
- Hemorrhage (severe bleeding) that wasn’t controlled in time
- Tears or other delivery injuries that weren’t properly repaired
- Infections after delivery or a C-section
Cerebral palsy and brain injuries
Cerebral palsy has many possible causes, and most cases aren’t caused by something that went wrong during delivery. Some are linked to oxygen deprivation around the time of birth. That’s why records of the baby’s heart rate, and the timing of decisions during labor, matter so much.
What an attorney will look at
- Prenatal records and any risk factors noted during pregnancy
- Fetal heart rate monitoring from labor
- Labor and delivery nursing notes, and the timing of key decisions
- The baby’s condition at birth, including Apgar scores, newborn tests, and any NICU records
- The mother’s records during and after delivery
A note for Florida families
Florida has a no-fault program for certain birth-related neurological injuries: the Florida Birth-Related Neurological Injury Compensation Association (NICA). When it applies, it can take the place of a lawsuit against participating doctors and hospitals. Whether it applies depends on the specific injury and the providers involved, so it’s an important question to raise with an attorney.
Timing and children
Deadlines for birth injury claims vary by state, and some states have special rules for injuries to children. Some effects of a birth injury don’t become clear until a child is older. Even so, it’s best to speak with an attorney as soon as you have concerns.
Questions
Questions about birth injuries.
Is cerebral palsy always caused by a birth injury?
No. Most cerebral palsy isn’t caused by events during delivery. An attorney working with medical experts can look at whether a problem during labor or delivery played a role.
Can I raise a concern about the mother’s care, not just the baby’s?
Yes. Mothers can suffer serious, preventable injuries during pregnancy, delivery, and recovery. Those concerns matter in their own right.
Our child is older now. Is it too late?
Not necessarily. Deadlines vary by state, and some states have special rules for children. Because some deadlines are strict, it’s best to speak with an attorney soon.
Questions about a birth injury?
Tell us what happened in a few short questions. A parent or guardian can reach out for a child.
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