Fertility Law Group – Helping Families Get Answers When Something Goes Wrong During Birth
For many parents, the moment they realize something is wrong with their newborn is filled with confusion and fear. When doctors and nurses fail to provide clear answers, families are left wondering:
- Was my child’s injury preventable?
- Did the hospital do everything they should have?
- Are they trying to cover up a mistake?
At Fertility Law Group, we work with families who suspect medical negligence played a role in their child’s birth injury but have been given incomplete or misleading explanations by medical providers. If you believe a mistake was made during labor or delivery, taking the right steps early on is crucial to protecting your child’s future and uncovering the truth.
Signs That Your Child’s Birth Injury May Have Been Caused by Negligence
Birth injuries can happen for many reasons, but certain red flags suggest that medical malpractice may have been involved. These include:
- Your labor was prolonged or complicated, but doctors didn’t act quickly enough.
- The medical team failed to monitor fetal distress, leading to oxygen deprivation.
- A necessary C-section was delayed or denied, despite signs of complications.
- Forceps or vacuum extractors were used improperly, causing head trauma.
- You were given Pitocin or labor-inducing drugs, and your baby suffered distress.
- The umbilical cord was wrapped around the baby’s neck, but no immediate action was taken.
- Your baby had seizures, needed resuscitation, or required an extended NICU stay.
- Hospital staff gave conflicting explanations about what went wrong.
If any of these situations sound familiar, you may have a case for medical negligence.
Steps to Take If You Suspect Medical Negligence
If you believe your child’s birth injury was caused by a preventable mistake, here’s what you should do:
1. Request and Preserve Medical Records
- Obtain copies of all medical records related to pregnancy, labor, delivery, and neonatal care.
- Fetal monitoring strips are particularly important in proving distress was ignored.
- Don’t rely on the hospital to explain what happened—medical records can reveal details that were not disclosed.
2. Document Everything
- Keep a journal of your child’s symptoms, diagnoses, and medical appointments.
- Note what doctors and nurses told you during labor and after birth.
- Save emails, discharge summaries, and any communications with the hospital.
3. Seek a Second Medical Opinion
- Consult with a specialist in pediatric neurology or neonatology to assess whether your child’s condition may be due to oxygen deprivation or trauma.
- A doctor outside of the hospital where your child was born may provide a more objective assessment.
4. Watch for Signs of Long-Term Effects
- Some birth injuries, such as cerebral palsy or developmental delays, may not be immediately apparent.
- If your child misses milestones (such as rolling over, sitting up, or walking), it could indicate an underlying injury.
5. Speak with a Birth Injury Attorney
- A birth injury lawyer can help you determine whether medical malpractice occurred.
- They will consult medical experts, review records, and investigate potential negligence.
At Fertility Law Group, we handle the investigation for you, gathering evidence and working with top medical professionals to determine whether your child’s injury was preventable.
Common Medical Errors That Lead to Birth Injuries
Many birth injuries could have been prevented if doctors and nurses had followed proper medical protocols. Some of the most common forms of medical negligence in labor and delivery include:
- Failure to monitor fetal distress – Ignoring abnormal heart rate patterns can lead to preventable brain damage.
- Delayed C-section – Prolonged labor or breech positioning often requires an emergency C-section. Waiting too long can cause oxygen deprivation.
- Excessive force during delivery – Improper use of forceps or vacuum extractors can cause skull fractures, nerve damage, and brain hemorrhages.
- Overuse or misuse of Pitocin – Inducing labor too aggressively can lead to dangerously strong contractions, restricting oxygen flow to the baby.
- Failure to resuscitate after birth – If a baby is not breathing at birth, doctors must act quickly to restore oxygen supply.
- Improper NICU care – Failing to diagnose or treat conditions like jaundice or infection can lead to long-term complications.
Why Pursuing Legal Action Matters
Many parents hesitate to take legal action because they are focused on their child’s immediate medical needs. However, birth injury lawsuits are about more than just compensation—they ensure:
- Your child has access to the best medical care and therapy.
- Financial security for future needs, including specialized education and mobility support.
- Accountability for hospitals and doctors, helping to prevent similar mistakes from happening to other families.
A birth injury claim can help cover:
- Medical expenses (past, present, and future).
- Physical, occupational, and speech therapy.
- Assistive devices (wheelchairs, braces, communication tools).
- Special education and individualized learning programs.
- Home modifications for accessibility.
- Lost wages for parents who must leave work to care for their child.
- Pain and suffering endured by both the child and parents.
Hospitals and insurance companies will not voluntarily admit fault or offer fair compensation. That’s why having an experienced birth injury attorney is crucial.
How Fertility Law Group Can Help
At Fertility Law Group, we understand that parents need support, guidance, and trusted legal representation when navigating a birth injury claim. Our team works with leading medical experts to:
- Investigate what went wrong during labor and delivery.
- Determine whether medical negligence caused the injury.
- Calculate the full cost of future medical care and therapy.
- Negotiate with hospitals and insurance companies for maximum compensation.
If your child suffered a birth injury and you suspect medical negligence played a role, you have the right to seek answers. Please contact us for a free, confidential consultation to learn more about your legal options.
