Birth Injuries: When and Why to Consult a Lawyer

Did you know that mothers between the ages of 25 and 34 are at a higher risk for birth injuries caused by assisted delivery tools? The delivery of a newborn is usually a happy and exciting event. Yet, in some tragic cases, birth injuries can occur, causing anguish over what should be a joyous occasion.

When birth damage occurs as a result of medical negligence or misconduct, getting legal assistance is necessary. Consulting a lawyer who specializes in birth injury cases can help families pursue justice for their child.

In this article, we will talk about the types of birth injuries, signs of potential medical negligence, and suggest when you need to contact a birth injury lawyer. Having someone to assist you in seeking justice is necessary, so that you don’t need to deal with the tasks of filing a case while you are still dealing with the impacts of the birth injury.

Types of Birth Injuries

One common type of birth injury is a brachial plexus injury. This occurs when the nerves in the baby’s shoulder and arm are damaged during the birthing process. It can lead to weakness or paralysis in the affected arm.

Another type of birth injury is cephalohematoma, which is a collection of blood under the baby’s scalp. This can happen if there’s excessive pressure on the baby’s head during delivery. Cerebral palsy is another birth injury that affects the baby’s brain and nervous system. It can cause difficulties with movement and coordination.

Fractures can occur during childbirth, particularly in the baby’s collarbone or clavicle. These fractures can happen if there’s excessive force applied during delivery. Remember that if your baby experiences any of these birth injuries, it may be necessary to consult a lawyer who specializes in birth injury cases.

Signs and Symptoms to Watch for

You should be aware of the signs and symptoms to watch for regarding birth injuries. Every birth is unique, but certain indicators may suggest a birth injury has occurred.

One common sign is the presence of bruising or swelling on your baby’s head, neck, or face. This could be a result of a traumatic delivery or the improper use of forceps or vacuum extractors.

Another symptom to watch for is the inability of your baby to move certain limbs. If you notice that your baby has difficulty moving their arms or legs, it could be a sign of nerve damage or a fracture. If your baby is experiencing difficulty breathing, feeding, or swallowing, it could indicate a birth injury, such as a brain injury or damage to the nerves responsible for these functions.

Other signs to watch for include seizures, excessive crying, poor muscle tone, or developmental delays. Consult with a medical professional if you observe any of these signs or symptoms, as they can help determine if a birth injury has occurred and guide you on the best course of action for your baby’s well-being.

When Medical Negligence Is Involved

Medical negligence refers to the failure of healthcare professionals to provide the standard of care expected in their field, resulting in harm to the patient.


In the context of birth injuries, medical negligence can occur during prenatal care, labor and delivery, or postnatal care. Common examples include the failure to monitor the baby’s vital signs properly, delayed or incorrect diagnosis of complications, improper use of medical equipment, and failure to perform a necessary emergency cesarean section.

When medical negligence is involved, consult a lawyer who specializes in birth injury cases. They have the knowledge and experience to evaluate your case and determine if medical negligence occurred.

Benefits of Consulting a Lawyer

By consulting a lawyer, you can gain invaluable support and guidance throughout the process of pursuing a birth injury claim. A lawyer with experience in birth injury cases can provide you with the expertise and knowledge necessary to navigate the complex legal system.

One of the key benefits of consulting a lawyer is their ability to assess the potential value of your claim. They’ll evaluate the extent of the birth injury and its impact on your child’s future, taking into account factors such as medical expenses, ongoing care, and loss of earning capacity. This expertise ensures that you receive fair compensation for the harm caused to your child.

A lawyer can negotiate with insurance companies and other parties involved in the case. They’ll advocate for your rights and fight for the maximum settlement possible. Having a lawyer on your side significantly increases your chances of obtaining a favorable outcome.

A lawyer can provide emotional support during this challenging time. They understand the emotional toll that birth injuries can have on families and can offer empathy and guidance throughout the legal process.

Steps to Take in a Birth Injury Lawsuit

The first step is to consult with a birth injury lawyer who specializes in medical malpractice cases. They’ll assess the details of your case and determine if you have a valid claim. If they believe you do, they’ll guide you through the next steps.

Gather evidence to support your claim. This may include medical records, expert opinions, and testimonies from healthcare professionals. Your lawyer will help you collect and organize this evidence. You can file a lawsuit. Your lawyer will prepare the necessary legal documents and file them with the appropriate court.

Next is the discovery phase, where both parties exchange information and evidence. Following that, your lawyer will negotiate on your behalf in an effort to reach a fair settlement. If a settlement can’t be reached, the case will proceed to trial.


Throughout the process, your lawyer will advocate for your rights and fight for the compensation your child deserves. Remember, each birth injury case is unique, and the specific steps may vary. Consult with a qualified birth injury lawyer to understand the steps involved in your particular case.


If you or your loved one has experienced a birth injury, always remember to consult a lawyer. They can help determine if medical negligence was involved and guide you through the steps of a birth injury lawsuit. By seeking legal advice, you can protect your rights and potentially receive the compensation you deserve. Don’t hesitate to reach out to a lawyer who specializes in birth injury cases for assistance.