Birth Injury Lawyers

Negligent Medical Professionals Must Be Held Accountable

While the arrival of a newborn can be a joyous occasion, unexpected health problems are not only difficult for the child but may present both financial and emotional distress for the family. In some circumstances, a physician or nurse error can cause an otherwise healthy newborn to suffer potentially catastrophic injuries. In many cases, these injuries could have been prevented if those health care providers would have followed normal standards of practice. While some infants recover from their injuries, others suffer severe disabilities that can impact them for the rest of their life.

If your child suffered an unexpected injury at birth and was required to stay in the neonatal intensive care unit (NICU), call Potts Law Firm to discuss your case at (888) 420-1299. We have highly experienced attorneys and medical staff to review your case.

Birth Injuries — What You Need to Know

The birth of your child is one of the most joyous occasions you and your family can ever experience. Unfortunately, there always lies a risk of your infant succumbing to a birth injury during delivery. A birth injury is any form of harm that occurred during pregnancy, delivery, or shortly after birth. Sadly, these injuries are usually the result of medical malpractice, which is a mistake by a medical professional. In some circumstances, a doctor or nurse error can cause an otherwise healthy newborn baby to suffer potentially devastating injuries.

What Are Some Common Birth Injuries?

Some of the most common birth injuries include:

  • Skull fracture
  • Swelling or bruising
  • Brain damage
  • Brain swelling
  • Infantile spasms
  • Hypoxic Ischemic Encephalopathy (HIE)
  • Spinal injuries
  • Cerebral palsy
  • Facial nerve injury or paralysis
  • Post-delivery infections
  • Injuries from forceps/vacuums
  • Shoulder dystocia and brachial plexus injuries

About seven in every 1,000 children will suffer from a birth injury in the U.S. each year. There are a number of injuries your infant can sustain during pregnancy or labor that can be caused by a medical professional. They may range from minor short-term injuries to permanent and debilitating harm. When this occurs, you will need the help of an experienced team of attorneys to fight for you and your family.

How Do I Know if My Child Has Suffered a Birth Injury?

Your baby could have sustained physical or neurological injuries, and the symptoms can be different. Some symptoms may be more obvious than others and may show right after the baby is delivered. Some early signs of a birth injury may be bruises, swelling, or abrasions anywhere on your child’s body. Other birth injuries are not as immediately apparent and may only be discovered years later as your child begins learning and developing and struggles to do so. Many intellectual disabilities that a child experiences can be the result of negligence during birth. A lack of oxygen and blood flow to the brain is a major cause of mental disabilities in children. A medical evaluation can affirm whether your child suffered a birth injury.

Who Can Be Sued in a Birth Injury Lawsuit?

Sometimes an investigation is necessary to determine who is responsible for your infant’s injury. Any medical professional involved in your pregnancy and birth may be responsible.

Parties who are potentially at fault may include:

  • Doctors
  • Surgeons
  • Nurses and physician assistants
  • Anesthesiologists
  • Lab technicians
  • Staff and administration
  • Birthing center staff

It is the duty of the medical team to keep your child as safe as possible. When this doesn’t happen, it can come as a shock and result in additional financial costs. It is important that you take the appropriate steps to protect your legal rights. You should begin with gathering as much information as you can and thoroughly documenting the incident. Document the contact information for your physicians and any other involved medical professional, the names of the medical facilities, and any procedures that were performed. Your next step should be to contact our birth injury lawyers with a proven track record of winning medical malpractice cases.

Has a Birth Injury or Wrongful Death During Childbirth Devastated Your Family?

You may be eligible to file a birth injury lawsuit to receive financial compensation. Birth injuries can bring emotional and financial strain to families, but compensation from a legal claim may help lessen the financial burden. Pursuing compensation has time limitations, so we recommend you give our lawyers a call as soon as possible if you believe that your baby was injured due to the negligence of hospital or delivery staff. We will work closely with you and your family during this difficult time and fight to get you just retribution. Please schedule a private appointment with our experienced birth injury attorneys, so we can discuss your best options moving forward.

Call us at (888) 420-1299 to arrange your first consultation, at no cost to you.

Frequently asked questions

  • Q:How Do I Know if My Child Has Suffered a Birth Injury?


    When a baby suffers a brain injury at or near the time of delivery, it may be unresponsive at birth and require a long stay in the neonatal intensive care unit (NICU). As part of the diagnosis, they may undergo head ultrasounds, CT scans, or MRIs of the brain. The goal of the treatment will be to minimize brain damage, but unfortunately, some children do not fully recover. Since the brain is not fully developed at this age, any injury may result in permanent life-long complications.

  • Q:What Are Some Mistakes that Can Cause Birth Injuries?


    The field of obstetrics involves many different types of healthcare providers, including physicians, nurses, midwives, and medical assistants. In major academic institutions, physicians in training (either in medical school or residency) may be performing duties with little or no supervision by full-fledged attending physicians. This can lead to a higher rate of mistakes, and unfortunately injuries as well.

    Some of the most common mistakes that can occur are:

    • Inappropriate use of forceps that causes injury to the head or body
    • Delay or failure to recognize fetal distress
    • Inappropriate use of Pitocin (oxytocin) to induce delivery
    • Delay in performing a cesarean section
    • Failure to diagnose shoulder dystocia and manage it appropriately
    • Failure to recognize large infant before delivery
    • Failure to manage breech delivery
    • Failure to prevent premature delivery


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At Potts Law Firm, we believe the details of your case matter and we work tirelessly to pursue just compensation on your behalf. Our team of experienced attorneys and staff are backed with the resources they need to win regardless of the obstacles your case faces. We do this all while keeping an open line of communication with you.