birth injury lawyer

6 Reasons to Hire a Birth Injury Lawyer

As a new mother whose baby sustained injuries during birth, it's easy to feel alone. However, you're far from it. In just one year, 19,582 infants across the US are lost due to birth injury and other causes.

Whether this tragedy is a loss you suffered or your child was lucky enough to survive, a birth injury can be a traumatic experience for both parents and children. Luckily, financial compensation is available in cases of medical malpractice.

Read on to learn 6 top reasons that you should seek out a birth injury lawyer.

1. Doctors Had Delayed Responses

Doctors have the reasonable responsibility to monitor an infant's responses during the process of childbirth. While some crying is normal because of the cold transition from womb to world, there are signs of distress that medical professionals must watch for.

If an infant is crying more than normal or seems to be in pain, the doctor must assess the situation further. However, the response must be immediate. Doctors must instantly react if the baby is acting like they are suffering.

A delayed response can cause many issues. Delayed breathing, difficulty moving, and suffocation are some of the most common. This could restrict oxygen flow to the brain and cause brain damage.

If you suspect that your doctor did not appropriately respond to your infant's suffering, you likely have a birth injury case. Attorneys can help you find the best course of action in these situations.

2. Cerebral Palsy Is Present

Cerebral palsy is a group of neurological disorders that result from damage to a still-developing brain.

Because of this, birth injury is one of the main causes of cerebral palsy. Umbilical cord injuries, strangulation, and suffocation at birth can cause this disorder. So can a doctor that is too rough with the baby when guiding them out of the birth canal.

There are many signs that your newborn may have cerebral palsy:

  • Stiff muscles
  • Exaggerated reflexes
  • Muscle tone/tension variation
  • Tremors and involuntary shaking
  • An extreme/unusual preference for one side of the body

If you notice any of these symptoms in your infant, take them to a doctor ASAP. Then begin the process of getting compensation for those medical bills and for your child's disability-related suffering.

3. Signs of Nerve Injuries

In addition to cerebral palsy, nerve injuries are a common result of medical malpractice. Usually, these are injuries to the brachial plexus. This set of nerves takes brain signals and transmits them to the arms and hands to make them move.

Some signs of this injury include:

  • Muscle weakness in an arm/hand
  • Difficulty grasping things
  • Paralysis in an arm/hand
  • Decreased movement in the upper body
  • Low sensation/reactivity when touched on an arm/hand

A brachial plexus injury usually happens when the doctor applies excessive force during birth. They are most common during difficult or slow-moving vaginal births. This may tear, stretch, or compress the nerves.

4. Vacuum Extractors Caused Problems

Vacuum extractors are a tool that delivery teams sometimes use to aid swift movement through the vaginal canal. This is not the standard. It is often called "assisted delivery."

Because it is not the standard, it needs to be done by a specialized doctor. If someone who lacks sufficient knowledge attempts to use the extractor, they will likely use it incorrectly.

This form of malpractice most commonly leads to head injuries. Brain hemorrhaging that leads to stroke can occur. There may also be brain damage due to excessive force, nerve problems, concussions, and more.

In some cases, this may lead to permanent disability.

If your child is injured after a vacuum extractor was used during birth, that extractor is a likely reason. These situations are often medical malpractice.

An attorney can help you get many types of compensation. Money to take care of a child's disability, funds for 24-hour care, payments for loss of quality of life, medical bills, treatment plans, and more are available.

5. Delayed C-Sections

Assisted delivery does not always use a vacuum to extract the baby from the birth canal. It commonly also refers to cesarian sections (C-sections).

Doctors have the professional responsibility of determining when a C-section is necessary. They need to monitor the infant during labor and ensure that there is no distress. If there are problems like breech births or dangerous umbilical cord placement, an immediate C-section is essential.

If this C-section is delayed, the infant may lose access to oxygen. This can lead to brain injury or to death. A delayed C-section that results in injury is a strong case for medical malpractice.

6. Sudden Infant Death Post-Birth

Sudden Infant Death Syndrome (SIDS) is an abnormal tragedy that strikes 4,000 American families each year. This takes place when an otherwise-healthy infant dies suddenly while asleep. It usually impacts children under 1 year old.

Some researchers believe that birth-related trauma may be a cause of SIDS. This theory is not yet proven, but experts at Seattle Children’s Hospital are continuing to research it.

While further study is needed, you should still consult with a lawyer after experiencing this unspeakable tragedy. There may be something that you did not recognize as a birth injury that lead to fatality.

Hire a Birth Injury Lawyer Today

Now that you know some specific reasons why you might hire a birth injury lawyer to get justice, it's time to talk with one and begin getting legal help. Find Injury Law is committed to using our 30 years of experience to get you birth injury compensation.

We help pair you with the most capable medical malpractice and birth injury lawyers in your area. Contact us to learn more about how we can assist you with your specific case.

How to Find the Right Medical Negligence Lawyer for Your Claim

According to ProPublica’s estimates, there could be more than 200,000 people every year who die from medical malpractice.

If you’ve survived but been through hell and back because of unprofessional doctors, you should seek out a medical negligence lawyer to help. A medical negligence lawyer could help you get what you deserve from the doctor or hospital who treated you poorly or inadequately.

Here are four tips for finding the right lawyer to take on your case.


1. Find Someone Local

When you’re on the hunt for the right medical malpractice or negligence lawyer for your case, you need to find someone near to you. If you are located in the Brooklyn New York than try to search for a medical malpractice lawyer in your area that has lots of experience in cases similar to your own.

Not only do you need someone who you can meet with right away, but you’ll have to have lots of back and forth with your attorney. You can’t drive three hours every time you need to submit another piece of evidence or come in for a meeting.

Finding someone in your region means looking online and seeing who comes up. You should get a pretty good idea of who is making the most commotion in your region by using your favorite search engine. There should be a map attached that shows you who is closest to you and a little bit of information about them.

Ask around to friends, family, and coworkers and see if anyone you know has had to deal with any local attorney who specializes in this type of work. There are lots of lawyers to choose from in any city or town.

The trick is to find someone who is talented while also fitting in with your budget.


2. Read The Reviews

If you’re worried about whether or not you’ve got a good attorney on your side, one of the best things to do is to read the reviews that are online.

If you’ve been through an injury, surgery, and subsequent recovery only to get worse, you want an attorney who understands that. You’ve already been through enough trauma without having to struggle to get a lawyer to understand what makes your case important.

Look to see if there are any specific details about cases that other people have been through. Look for similarities to what you’re dealing with and how you’re struggling to bounce back after your medical negligence issue. If you’re in pain and suffering from the problems that come with malpractice, you need an attorney who is sympathetic.

The best lawyers out there know how to be sharks for their clients without making them feel a lot of stress or pressure. Lawyers who don’t pressure their clients and who know how to balance out their needs make the stressful process easier on you.

One of the major ways that an attorney can put you at ease is by ensuring that you’re not worried about the costs of the case.

Many lawyers will work on contingency fees, meaning that they’ll only get paid if you get paid. This allows them to work as hard as they can while you rest assured that they want to win this case, so that everyone gets what they deserve.


3. Ask About Past Cases

When you talk to a lawyer over the phone, feel free to ask them about cases they’ve dealt with that are similar to yours.

They should easily come up with a few that have similarities and that you see some familiar elements in. When you know they’ve dealt with cases like yours, you know they’re able to get the work done and help you win what you deserve.

While you might just see a list of positive reviews on their website, some attorneys are very confident and have clients who are willing to refer you.

If you can talk with previous clients who’ve won their cases, you can learn more about the process and what you can expect. If they don’t want to give out private information from previous clients, they should be able to walk you through a case without disclosing those details.

Great law firms work hard to build a strong reputation so that people all around the region know they know how to handle medical negligence. Rather than suffering with it, you could be working with a powerful lawyer to get what you’re entitled to from the case. When you pursue action, you should be able to see measurable results.

Lawyers will do what they can to ensure that you see examples that earn your trust.


4. Customer Service Matters

From the moment you first speak to your lawyer’s receptionist, you should feel welcomed to the family. Customer service matters a lot to any law firm with any kind of integrity. You should be treated respectfully and greeted like someone they are excited to do work with and to help through this difficult time.

If you find that reception is cold and mean, you might want to seek out another firm. If you call all the time and don’t ever get to speak with the lawyer you want to work with, just their staff, you might seek greener pastures. When you’re trusting a lawyer with your future and your health, you want someone willing to get to know you.

You need a lawyer who you know is going to fight for you. If they’re not even working hard enough to try to talk to you over the phone, then you can bet they’re not going to fight very hard for you in the courtroom. If you can tell they’re listening to every word when you speak, then this is the lawyer for you.


A Medical Negligence Lawyer Should Listen

If you’re looking for a New York medical negligence lawyer, start by finding someone who you know is listening to you. Once you’ve got someone who is interested in your case, you can start talking about their strategies and what their plan is to get you reimbursed.

If you’re planning on suing a doctor, check out our guide for everything you need to know in advance.


Call Us So We Can Help You Get Started.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case.

We are here to assist you with finding the right injury lawyer. We have over 30 years of experience.

Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

Contact us now for a free consultation.


Your Ultimate Guide to Birth Trauma and Injuries

The last thing expecting parents want to hear about is the risk of birth injuries. While they're rare, there is a chance your child will be injured during the birthing process as the result of a hospital or doctor's negligence known as medical malpractice. 

Oftentimes, birth injuries occur when a medical provider is careless during the birthing process and doesn't check the health of your child or the health of the mom.

Are you going into labor soon? You'll want to know all about birth trauma and injuries and your legal rights as a parent.

The Most Common Types of Birth Trauma

An infant can sustain damage to any part of the body. But most birth injuries occur on the head, neck, and shoulders because those are the first areas the medical provider will touch. Unfortunately, injuries to those areas can be dire.

Here are the most common types of birth injuries:

Cerebral Palsy

Cerebral palsy is a disorder that affects an infant's movement, muscle tone, and posture. The damage usually happens before birth but a difficult birth can also be the cause of this disorder.

Babies mainly get cerebral palsy during birth when there's trauma to the head, they lack oxygen, and if the birth is overall difficult.


Cephalohematoda is an accumulation of blood below the periosteum. This is a membrane that covers the baby's skull.

You can see cephalohematoda because of bumps that form on the infant's head a few hours after delivery. These bumps may even grow longer postpartum.

Fortunately, this condition isn't serious. Your baby can heal naturally from cephalohematoda when the body reabsorbs blood, but this may take weeks or even months.

But cephalohematoda can turn into jaundice, which is an excessive amount of bilirubin in the blood cells. Too much bilirubin can cause brain damage.

Caput Succedaneum

Caput succedaneum is scalp swelling and it usually occurs shortly after birth. It's rare this occurs because of the medical practitioners; caput succedaneum usually occurs because of pressure from the uterus or vaginal walls during delivery.

Caput succedaneum is most common during long and difficult labors. Oftentimes, the amniotic sac breaks away and the baby is born without protection on the head.

When is caput succedaneum caused by a medical practitioner? If they use devices such as vacuum extractors, this could irritate the baby's head. Caput Succedaneum is usually harmless but severe causes can lead to jaundice.

Subconjunctival Hemorrhage

Subconjunctival Hemorrhage is the breakage of blood vessels in an infant's eyes. You'll be able to see a bright red band around the iris.

Fortunately, this doesn't cause permanent damage to the eyes or the baby's vision. It's actually pretty common because blood vessels break during the pressure of delivery. The eyes will heal themselves.

Bruising and Broken Bones

Because of the intensity of delivery, it's uncommon for a baby to have bruising and even broken bones. But it's important to take note if this happens to your baby.

Another common cause of bruising and broken bones is too much force from the doctor or birthing equipment. They will tug the baby out too strongly, resulting in injury.

Fortunately, these can heal on its own but healing may take several months. You'll also have to be extra careful when handling your baby.

Brachial Plexus Injury

The brachial plexus is a series of nerves that start from the spinal cord in the neck and travel to the arms and hands.

An injury to the brachial plexus only happens when there's an issue delivering a child whose arms and hands are stuck in the womb. The doctor may tug on the arm, causing injury.

You'll notice a brachial plexus injury, such as brachial palsy, if the baby can't rotate or flex their arm.

The severity of the injury depends on the nerve damage. Minor brachial plexus injuries heal on their own or with assistance from a physical therapist. Severe injuries can result in permanent damage.

Bell's Palsy

Bell's Palsy is infant facial nerve damage during birth. This usually occurs when there's too much pressure during the birth. But Bell's Palsy can also be caused by doctors using forceps to remove the baby.

You can tell if a child has Bell's Palsy by looking at their face. If their facial features are stiff while they cry, it's a sign of nerve damage. Bell's Palsy usually heals on its own. If the nerves are torn, surgery can correct the torn nerves.

Birth Injury and Trauma Causes

Some of the common birth injury and trauma causes were mentioned previously. But it's important to pinpoint major causes. Some of these cases can't be prevented but others can.

Here are some causes that can't be prevented:

  • Premature births
  • Larger babies (weighing over eight ounces)
  • Difficult labor
  • Mother's pelvis is a bad size for delivery
  • Abnormal fetal position
  • Prolonged labor

Here are some causes that can be prevented:

  • Not detecting signs of fetal distress
  • Not providing adequate care for the mother and baby
  • Delivering via vaginal birth when there's a better alternative
  • Delivering prematurely (unless there's no other option)

In addition, doctors may use tools that irritate the baby or will use too much force when removing the baby during birth.

When to Take Legal Action

Parents can file a New York birth injury lawsuit if their child suffered trauma and injury due to inadequate care or irresponsibility from their medical care providers.

You need to prove your child was healthy before the birth, differentiating an injury from a defect.

You also need to prove the birth injury was caused by the medical care provider and not for a natural reason.

If your labor went well, with little distress and there wasn't too much pressure in the uterus or vagina, then you can suspect the injury was the cause of irresponsibility or negligence from the practitioner.

  • A birth injury lawsuit is helpful because you'll receive compensation for:
  • Healthcare costs associated with surgeries, therapy, and equipment
  • Any lost wages to care for a disabled child (time off work, etc.)
  • Pain, emotional distress and suffering
  • Loss of companionship for your child

Finding the best lawyer is integral to winning your lawsuit. Contact a lawyer now and focus on spending more time with your child.

Do You Need a Lawyer?

Did your child suffer injuries from a birth trauma? An experienced birth trauma lawyer will help you win your case.
We are here to assist you with finding the right birth injury lawyer in New York, New Jersey, Pennsylvania, or Connecticut for your case.  Contact us now for a free consultation.