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As parents of a child harmed during birth, it is only natural to have questions and concerns. Being told that your child was injured is a very traumatic experience that can leave your family in the dark about what happened and what comes next. Perhaps you wonder if your child will follow the traditional developmental path, if they will need accommodations throughout their lives, and what the rehabilitation and treatment process requires.
Injuries during childbirth can cost a family millions of dollars to treat. Birth injuries are all unique, and other children may exhibit different symptoms than your child. Having a sick or injured child is often a frustrating, frightening, and overwhelming experience, especially when you trust their care to a qualified professional. When you understand the basics about birth injuries, you may be better able to protect your rights and comprehend your child’s situation. If the child of you or someone you care about suffered a birth injury, you should ask these five important questions.
In most cases, birth injuries are due to the mistakes or errors of healthcare professionals, such as doctors, nurses, anesthesiologists, midwives, techs, pharmaceutical manufacturers, or others.
Injury during childbirth usually results from certain factors, such as diagnostic errors regarding the patient’s condition, inadequate treatment, failure to provide reasonable fetal monitoring during labor and delivery, or complications during the birthing process. Using improper tools, mishandling the baby, or administering medications incorrectly can cause serious harm to the child and the mother. Deficiencies in medical equipment, harmful drugs, or hospital system errors may also contribute to birth injuries.
Injuries to the head and spine are some of the most common types of birth injuries. They are usually the result of misuse of forceps, tools, or other methods during delivery. A newborn might also sustain nerve damage in the neck and shoulder area when a delivery doctor forcibly and incorrectly pulls or twists the baby during birth. An untimely Cesarean section may result in oxygen deprivation, leading to serious brain damage.
In the process of childbirth, infants can suffer head trauma and brain bleeds. As a result, the following are some of the most commonly encountered birth injuries:
Finding out that your baby was injured during birth due to a medical provider’s negligence is devastating. Located in Arizona, the Jensen Phelan Law Firm has helped many parents facing this painful situation hold responsible parties liable for their negligence and wrongdoing.
Birth defects and birth injuries are not the same, despite their similarities. Genetics or other medical predispositions are usually to blame for birth defects. Alternatively, birth injuries occur when a child may be injured before, during, or after birth. Negligence and poor medical care may contribute to this.
There are many different birth injuries, and they can present themselves in different ways at various stages. Generally speaking, parents of newborns should pay attention to any abnormal behavior or any halts in development that may indicate an underlying injury.
Injured newborns may constantly cry, seem lethargic, or exhibit abnormal functioning in certain areas of the body. This can happen days after birth, but sometimes infants won’t show symptoms until later in their development. Do not delay contacting your doctor if you suspect that your child has sustained any sort of injury.
Injuries at birth can be complex and require an extensive investigation. When your child suffers an injury, you have a right to pursue legal action against those responsible for their suffering. For more information about whether you may have a valid case, contact an Arizona personal injury lawyer who has experience handling medical malpractice cases involving birth injuries.
In order to avoid legal complications, you need to speak to a lawyer as soon as possible. In the realm of personal injury, the statute of limitations sets out the time limits for suing. The statute of limitations varies based on the type of case. Any and all cases filed after the statute of limitations has ended will be dismissed, regardless of the claim’s validity or the severity of injuries. For all medical malpractice cases, including birth injury, the statute of limitations in Arizona is two years.
Birth injuries can range from minor complications that resolve over time to severe conditions with lifelong effects. The nature of the injury often depends on how and when it occurred and how quickly it was identified and treated. Conditions such as nerve damage, oxygen deprivation, or trauma during delivery can significantly affect a child’s growth and development. Recognizing these issues early is vital to implementing timely interventions, therapies, and treatments to give the child the best chance at a healthy future.
In some cases, the impact of a birth injury may not be immediately visible. Developmental milestones, motor skills, and speech may be delayed, prompting further medical evaluations months or years later. Parents who remain proactive in seeking medical opinions and second evaluations when concerns arise are more likely to identify and address conditions before they worsen, understanding that each child’s unique recovery path can help families remain patient, persistent, and hopeful during challenging times. Maintaining close communication with medical providers and tracking progress over time can also give parents a clearer picture of the most effective care strategies.
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If you suspect your child has suffered a birth injury, begin by seeking a thorough medical evaluation from qualified healthcare providers. A prompt and accurate diagnosis will help ensure the best course of treatment. Record every relevant detail, including medical charts, timelines, and your communications with medical staff. This documentation can prove very important if you pursue legal action to hold negligent parties accountable.
Beyond medical care, consider seeking early intervention services, which can offer specialized therapies to support developmental progress. Many families also connect with support groups to share experiences and gain insight into navigating their situation’s medical and legal aspects.
Acting early allows for better medical outcomes and can strengthen your position if you decide to take legal steps. Gathering emotional support from trusted friends and family can also help you remain steady and focused while making important decisions for your child’s future.
Cerebral palsy is a group of disorders that affect movement, muscle tone, and posture. It often results from damage to the developing brain before, during, or shortly after birth. Symptoms may include stiff or floppy muscles, unsteady walking, involuntary movements, and coordination difficulties. Some children may also face challenges with vision or swallowing. As the Mayo Clinic outlines, the severity of symptoms can vary greatly, and many children require long-term care and therapy. Ongoing medical evaluations, adaptive equipment, and consistent treatment can improve quality of life.
Erb’s palsy occurs when the brachial plexus, a network of nerves in the shoulder, is damaged during delivery. This condition often leads to weakness or loss of movement in the affected arm. It can be linked to prolonged or complicated labor, larger birth weight, or certain maternal health conditions. According to the AAOS, early medical evaluation and physical therapy can help improve mobility and recovery outcomes. Surgical intervention may sometimes be needed to repair nerve damage and restore function.
HIE is a critical condition caused by a shortage of oxygen and blood flow to a newborn’s brain around the time of delivery. This deprivation can result in varying degrees of brain injury, leading to developmental delays or more severe disabilities. Immediate recognition and medical intervention are crucial, as any delay in treatment can have lasting effects. Children with HIE often benefit from specialized care, assistive technology, and ongoing therapies. Families may need to coordinate with neurologists, physical therapists, and educational specialists to ensure the child receives comprehensive support.
By understanding these potential conditions, parents can better advocate for their child’s needs and secure the resources necessary for their care, whether through medical providers, community programs, or legal avenues. Remaining informed, proactive, and supported can make a meaningful difference in the child’s quality of life and the family’s journey forward.
If your child suffered serious birth injuries due to the negligence of a doctor or other healthcare provider, you may be entitled to compensation. The birth injury lawyers at Jensen Phelan Law Firm have the experience and resources needed to represent your interests in and out of the courtroom.
To request a free consultation with an Arizona birth injury attorney, please call us today at (928) 778-2660 or contact us online.
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Focuses in personal injury, wrongful death and insurance cases and claims, and is a former President of the Arizona Trial Lawyers Assn. and the Arizona Association for Justice. Since 1974, he has been protecting the rights of the injured in Prescott and Prescott Valley, for a total of over 40 years.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Chris Jensen who has more than 30 years of legal experience as a personal injury attorney.
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