Fertility Law Group – Helping Families Understand Their Legal Rights After a Preventable Birth Injury
When a baby is born with an unexpected injury or serious health condition, parents are often left with more questions than answers. Was this something that could have been prevented? Did the hospital or doctor do everything they were supposed to? Or did a medical mistake cause harm that could have been avoided?
At Fertility Law Group, we work with families who suspect that a medical error contributed to their child’s birth injury. Many parents are never told the full story about what happened during labor and delivery. We help families uncover the truth, determine whether negligence played a role, and ensure their child receives the care and resources they need for the best possible future.
Understanding the Difference Between a Birth Complication and Medical Malpractice
Some birth injuries happen despite the best medical care. Others occur because a doctor, nurse, or hospital failed to follow proper medical procedures.
A birth injury may be the result of medical malpractice if:
- The injury was preventable with proper care
- Doctors or nurses failed to act quickly when complications arose
- There was a failure to monitor fetal distress
- The medical team delayed or denied a necessary C-section
- There was excessive force used during delivery
- The baby was deprived of oxygen for an extended period
- A medication error or improper labor induction occurred
Hospitals will rarely admit that a preventable mistake occurred. That’s why it’s important to review medical records and consult with experts to determine if proper procedures were followed.
Signs That a Birth Injury May Have Been Caused by Negligence
Some birth injuries are immediately obvious, while others are only diagnosed months or years later when developmental delays or medical conditions become apparent.
Signs of a possible birth injury at birth include:
- Weak or absent cry
- Difficulty breathing or requiring resuscitation
- Poor muscle tone (floppy or stiff body)
- Seizures
- Trouble latching or feeding
- Unusual bruising, swelling, or fractures
- Signs that appear later in infancy or childhood include:
- Delays in crawling, walking, or sitting up
- Difficulty using hands or arms normally
- Speech and language delays
- Cognitive or learning disabilities
- Behavioral or sensory processing challenges
If a child is experiencing unexplained developmental delays, physical impairments, or neurological conditions, it is worth investigating whether a preventable medical error played a role.
Common Types of Medical Negligence Leading to Birth Injuries
Medical malpractice during labor and delivery can take many forms. Some of the most common mistakes that lead to birth injuries include:
- Failure to monitor fetal distress – If a baby’s heart rate shows signs of distress, immediate intervention is needed to prevent oxygen deprivation.
- Delayed or denied C-section – A prolonged labor or signs of distress should prompt a C-section. Failure to act quickly can result in permanent brain damage.
Improper use of forceps or vacuum extractors – If these tools are used with excessive force or at the wrong time, they can cause skull fractures, nerve damage, or brain bleeds. - Misuse of Pitocin or labor-inducing drugs – Overuse of Pitocin can cause excessive contractions, cutting off oxygen to the baby.
- Failure to treat maternal infections – Certain infections in the mother can lead to serious complications for the baby if not properly diagnosed and treated.
- Medication errors – Administering the wrong medication or dosage can cause severe complications.
When these or other preventable errors occur, families have the right to pursue legal action.
How a Birth Injury Lawsuit Can Help Families
When a child suffers a birth injury, the financial and emotional burden on families can be overwhelming. A successful birth injury claim can help secure compensation for:
- Medical expenses, including therapy and long-term care
- Physical, occupational, and speech therapy
- Assistive devices and home modifications
- Special education and individualized learning support
- Future medical costs to ensure lifelong care
- Pain and suffering for both the child and parents
Many families are hesitant to pursue legal action, but holding medical providers accountable is essential to ensure that other babies and families do not suffer the same preventable harm.
Why It’s Important to Investigate a Birth Injury as Soon as Possible
In California, there is a time limit (statute of limitations) for filing a birth injury lawsuit. While some exceptions exist, it’s important to begin the investigation as soon as possible to preserve medical records, gather expert opinions, and build a strong case.
At Fertility Law Group, we understand how difficult it is for parents to question whether their child’s condition was preventable. If you believe medical negligence may have played a role in your child’s birth injury, please contact us for a free, confidential consultation to learn more about your rights and options.
