Approximately six to eight out of every 1,000 live births result in a neonatal death or stillbirth, according to Medscape. Sadly, many more non-fatal injuries also occur.
Many of these birth injuries happen due to preventable errors on the part of medical care providers who are entrusted with the vital task of bringing new life into the world. When a healthcare provider makes mistakes during labor and delivery, their errors can forever impact the future of the injured child and family members left to pick up the pieces.
If your child was the victim of a birth injury, it is your legal right to take action to recover compensation from those responsible. In fact, it's essential that you get the right legal help to try to hold care providers accountable, as you can fight for the funds necessary to provide a lifetime of medical care to your child.
At Singleton Schreiber, our Birmingham personal injury attorneys are focused on helping the children and families whose lives have been impacted by medical negligence. We have decades of collective experience fighting for those who have been harmed, and we take our responsibility very seriously because we know the funds we help you recover can mean the difference between your child having the care they need and you being forced to struggle financially without help.
Our firm has a history of successful cases, including large court verdicts and settlements, and we have the knowledge and experience to stand up to hospitals, malpractice insurers, and care providers who want to pay you less than you deserve.
We will devote ourselves to your claim to try to ensure you are "made whole" financially, and we are ready to get started today. Give us a call or contact us online to schedule your free consultation with our medical malpractice attorneys in Birmingham to learn more.
How Do Birth Injuries Happen?
Birth injuries are not just tragedies. Often, they are preventable tragedies. Birth injuries can occur because:
- Obstetricians, midwives, gynecologists, or care providers fail to provide adequate prenatal care.
- Healthcare providers don't monitor the mother or the baby properly during pregnancy, delivery, or after birth
- Care providers misdiagnose a mother or child, or delay diagnosing a critical problem, such as maternal infection
- Care providers let labor go on too long
- Care providers use interventions inappropriately or unsafely, such as forceps or vacuum extraction
- Doctors fail to identify and respond appropriately to issues such as a large baby or an abnormal birthing presentation
- Appropriate postnatal care is not provided
- Doctors fail to respond appropriately to oxygen deprivation affecting an infant
- Doctors miss complications like shoulder dystocia, which occurs when the baby's shoulder gets stuck during delivery
- Midwives fail to transfer a mother and baby when complications occur
These are just some of the many examples of situations where medical negligence is a cause or a contributing factor to birth injury.
There may also be many other instances where the care provided falls below an accepted professional standard, and the child, mother, or both are harmed as a result.
Types Of Birth Injuries
With so many potential complications during birth, there are many kinds of injuries that can happen to a vulnerable infant. Some common types of birth injuries include:
- Cerebral Palsy
- Erb's Palsy
- Spinal damage
- Kernicterus (buildup of bilirubin in the brain)
- Hypoxic Ischemic Encephalopathy (HIE) due to a lack of oxygen and blood flow
- Newborn Cephalohematoma (bleeding in the tissue surrounding the skull)
These and many other injuries can change the life of a child forever.
Who Is Responsible For Birth Injuries?
A number of different individuals and organizations could be held legally liable for a birth injury under Alabama law. This can include your doctor or care provider if:
- The doctor had an obligation or duty to you. Any medical professional who provides care has the duty of care.
- The care provider fell short. This occurs if the level of care that they provide falls below the standard of care a reasonable provider with similar training would have offered under the same circumstances.
- The failure was the direct cause of harm. You or your child was hurt because of your doctor's failures.
- You and your child suffered damages that you should be compensated for under the law.
It's important to realize that both acts and omissions can result in birth injuries. A doctor who uses the forceps too aggressively and injures a baby is just as negligent as a doctor who doesn't diagnose a maternal infection that could have been treated to avoid harming the fetus.
It's also essential for parents to realize that the doctor may not be the only one legally liable for losses. Hospitals and clinics may also be held responsible.
These care facilities can be liable if the policies and practices they have in place fail to protect babies. They can also be held vicariously liable for actions of staff members, even if the facility has the right policies in place.
That means a hospital itself does not need to be negligent or involved in wrongdoing to be responsible for compensating you if a doctor who works for them causes you harm.
It's important to identify all of the parties who may be obligated to compensate you because the monetary damages after birth injury claims are often very substantial. Your child may need a lifetime of care, and you need to make sure there is enough insurance coverage to pay you the compensation needed to provide it.
Compensation For An Alabama Birth Injury
Alabama used to cap compensatory damages related to physical injury cases. That is no longer the case for physical injury cases. Caps on damages were declared unconstitutional, so you can now recover fully for losses when there is physical injury. Some of the different kinds of compensation you could receive include:
- Past and future medical bills, including bills for ongoing care your child will need during their lifetime
- Compensation for adaptive devices, home modifications, or other specialized care or services your child may require
- Lost wages and lost earning power resulting from the birth injury
- Pain and suffering caused by the injury
- Emotional distress
- Loss of enjoyment of life/reduced quality of life
- Lost companionship
If a birth injury results in a child's death, parents and surviving loved ones may also be entitled to punitive damages.
What Does A Birmingham Birth Injury Lawyer Do For You?
At Singleton Schreiber, we provide personalized, compassionate, and committed representation to families affected by birth injuries. Our legal team will:
- Identify all defendants who could be liable to maximize available insurance coverage
- Gather evidence, including medical records
- Connect you with experts who can testify about how the birth injury occurred and the extent of the loss
- Help you to prove damages, including ongoing costs, so we can try to maximize your compensation
- Identify the right legal arguments to make, including negligence or vicarious liability
- Represent you during negotiations with malpractice insurers to try to help you get a fair settlement offer and avoid court proceedings
- Fight in court and present compelling evidence to maximize your chances of a large verdict in your favor
Throughout the process, we'll keep you informed, and we won't give up on fighting for your child's chance for justice.
We won't charge legal fees unless we win, and we'll be there for you personally when you need us. Give us a call today to schedule your free consultation and learn more with a Birmingham birth injury attorney to learn more.
