Choosing The Right Birth Injury Lawyer – Your Helpful Guide

In the United States alone, over 3.5 million babies are born each year. Most of these deliveries are completed without any complications and mom and baby are sent home without further assistance. However, some newborns don’t go home unscathed. And many of these injuries are preventable. This is why hiring a birth injury lawyer can be a very important step. 

9 months. 

9 months of anticipation. Of excitement but also stress. Months of thinking, daydreaming, and imagining what your baby will be like. After those 9 months comes a day that is described by many as the happiest day of their lives. Every so often though, something goes wrong. Many of these “wrongs” occur because they just do. Genetics, natural complications, etc. 

But sometimes, these “wrongs” are preventable. Sometimes, they occur because of a physician’s or medical staff’s negligence. 

Mother holds baby with birth injury.

What Is A Birth Injury

By definition, a birth injury is when a baby suffers harm or trauma before, during, or shortly after delivery. Many birth injuries are a result of some sort of oxygen deprivation. Many other birth injuries occur due to the use of mechanical devices during childbirth. There are many reasons why birth injuries might occur, and many of them are unpreventable.

Unfortunately, there are birth injuries that come into existence because of negligence. That’s right. Some birth injuries are completely preventable and never have to happen. Perhaps a physician could have been paying more close attention. Maybe the labor and delivery staff were distracted. Maybe too much time had passed since anyone checked up on the soon-to-be mother. So many small mistakes could lead to grave and detrimental results. A small error here or there could leave a baby with serious and permanent injuries. Mothers also sustain birth injuries due to the negligence of a medical professional during delivery.

Are you recalling your own story while reading this? Have you or your child suffered a birth injury due to the negligence of a hospital, doctor, or medical staff? It’s not easy to live with complications that came about because of someone’s mistake. But we’re here to tell you that you could be compensated for your suffering. Choosing the right birth injury lawyer could help you get the justice you deserve. Though it can’t undo any of those mistakes, a successful claim could help you pay the endless amounts of medical bills. Contact Hampton & King today to get in touch with the right birth injury lawyer.

Birth Injuries & Medical Malpractice

Doctors and other healthcare professionals have a duty to their patients to provide the highest standard of care. Not providing adequate care before, during, or after delivery could be considered medical malpractice.

Examples of what doctors do that might be considered medical malpractice

      • Not properly monitoring the mother and baby before, during, or after delivery.
      • Prescribing an incorrect drug or the incorrect drug
      • Not using forceps or vacuum extractors correctly
      • Failing to diagnose an infection in the mother or baby
      • Using excessive force causing physical trauma

How A Lawyer Can Help

If negligence and poor medical care are the reasons behind you or a loved one’s birth injury, you are entitled to financial compensation. The very first step in this process is to acquire the right lawyer. Having a good lawyer can result in a successful claim.

You might be wondering, “what can a birth injury lawyer do for me?” The right lawyer will do everything in their power to win your case all while making the legal process easy on you and your family. Taking on your healthcare provider is no small task. Medical facilities can dish out money for big lawyers and will make sure they keep negative light away from them. Seeking compensation from a medical professional by yourself is difficult. The right lawyer can help you get the highest amount of compensation for your case. 

A birth injury lawyer can get you compensation for the following:

      • At home nursing care
      • Medical equipment such as wheelchairs
      • Past, current, and future medical bills related to the birth injury
      • Therapy
      • Medications
      • Lost wages 
      • Pain and suffering

What Types Of Cases Do Birth Injury Lawyers Take On?

Birth injury attorneys have several years of experience with birth injury law. They handle cases where a child or a mother (or both) suffer an injury because of the negligence of a healthcare provider. Birth injury lawyers work with individuals affected by a variety of conditions. Here are just some of them:

Cerebral Palsy

Cerebral Palsy is a lifelong condition that affects a person’s mobility. It is caused by abnormal brain development or brain damage. This restricts an individual’s ability to control their muscles. Doctors can greatly reduce the risk of cerebral palsy. They ensure babies don’t suffer from asphyxiation. Asphyxiation is lack of oxygen which can harm the brain and lead to cerebral palsy. 

Erb’s Palsy

Erb’s Palsy is also called brachial plexus palsy. This is a condition characterized by nerve damage that can damage the shoulders, arms, and/or hands. Erb’s Palsy is often treatable. Sometimes, though, children might never completely recover. Doctors who are negligent may cause Erb’s Palsy in newborns by exerting too much force during delivery. Sometimes the incorrect use of a vacuum or forceps can lead to Erb’s Palsy. If your baby is suffering, you may want to contact a birth injury lawyer.

Facial Paralysis

Sometimes, too much force can be placed on a baby’s face during delivery. This can result in damaged facial nerves.


When bleeding occurs under the cranial bone, it is known as cephalohematoma. Sometimes, the use of forceps can cause this condition. Although it can clear up in a few months, it can lead to other issues such as jaundice or meningitis.

Brachial Plexus

During delivery, negligence could lead to nerves being stretched, compressed, or even torn. The result? Loss of muscle function, or even paralysis of the upper arm.

Fractured Collarbone

Complicated deliveries and excessive force could lead to bone fractures; a fractured collarbone in particular.

Spinal Cord Injuries

Spinal cord injuries are one the most severe kind of birth injuries. They usually occur because excessive force was used, especially when forceps are involved. Injuries this severe definitely warrant speaking to a birth injury lawyer.

Other Injuries

Oxygen deprivation in newborns can lead to brain damage which could open the door to an array of birth injuries and complications. 

Father visits his baby in the NICU.

Having The Right Lawyer By Your Side Can Lead To Success

Birth injury lawyers work on specialized and complex malpractice cases. In order to do this successfully, they must have a high degree of skill, knowledge, and experience. You want a lawyer who has the right amount of experience to help your case succeed. Hampton & King birth injury lawyers can help you receive the compensation your case deserves. Together, we can get justice for the negligence your physician showed. We can ensure that the same mistake is not repeated twice. 

If you or a loved one suffered a birth injury because of a doctor’s negligence, we can help. Contact us today to set up a free consultation with a birth injury lawyer so we can talk about your case.

Have more questions? See our common questions about birth injuries here.