Posted in: Medical Malpractice | Jan 28,2025

Experiencing a childbirth injury is a devastating life change for a family. Sadly, many are preventable and are a result of medical negligence during pregnancy, labor, or delivery. If you suspect that medical malpractice contributed to your birth injury or your newborn child’s condition, taking the proper steps early on can make a significant difference in seeking justice and holding the responsible parties accountable. Understanding what you can do after a traumatic birth can help strengthen your case when working with a birth injury lawyer.

 

What Is a Birth Injury?

A birth injury refers to harm experienced by the baby or mother during pregnancy, labor, or delivery. Some birth injuries are minor and resolve on their own, while others result in long-term or permanent complications. Examples of common birth injuries include:

• Cerebral palsy
• Brachial plexus injuries (nerve damage)
• Brain injuries caused by oxygen deprivation
• Fractures or physical trauma
• Maternal injuries, such as uterine rupture or severe bleeding

 

How a Birth Injury Lawyer Proves Negligence

To hold a healthcare provider accountable for a birth injury, your lawyer must prove that their actions—or lack thereof—constituted negligence. Proving medical malpractice resulted in the injury involves demonstrating three key elements:

• Duty of Care and Breach: Healthcare providers have a legal responsibility to deliver safe, competent care. A breach occurs when they fail to meet the accepted standard of care, the basic level of care and attention that any skilled doctor or nurse is expected to provide in a similar situation

• Causation: It must be shown that the provider’s actions—or lack thereof—directly caused the injury. Common examples include:
  • Failing to monitor fetal distress or maternal health.
  • Delaying necessary interventions, such as a C-section.
  • Misusing delivery tools, such as forceps or vacuum extractors.
•  Damages: The injury must result in measurable losses, including physical harm, emotional suffering, or financial expenses.

 

Evidence Needed in a Birth Injury Medical Malpractice Case

Medical Records: You have the right to complete and unaltered copies of all your and your child’s medical records. They are the foundation of your lawsuit and provide clear timelines, context, and the details necessary to evaluate the standard of care throughout pregnancy, labor, and delivery.

• Prenatal Records: Records of prenatal care visits, test results, and ultrasound imaging can help show whether or not providers identified and appropriately addressed potential risks during your pregnancy.
• Labor and Delivery Records: Detailed records from the hospital, including fetal monitoring results, obstetricians’ notes, and any anesthesia or epidural records, may reveal delays, improper use of medical instruments, or other deviations from an accepted standard of care.
• Postnatal Records: Your newborn’s immediate condition after birth, including Apgar scores, neonatal intensive care unit (NICU) reports, and specialist evaluations, help establish the immediate signs and effects of a child’s birth injury.
• Diagnostic Imaging: MRIs, CT scans, and other diagnostic imaging are necessary for identifying and proving physical injuries in mothers or newborns, including brain trauma or nerve damage.

 

Financial and Employment Records: Childbirth injuries often result in extensive medical costs and financial strain. Documenting these expenses is essential in calculating fair compensation.

• Medical Bills and Receipts: Financial records of all hospital stays, specialist visits, medications, therapies, and any necessary medical equipment are all considered in compensation for injuries.
• Out-of-Pocket Costs: Indirect medical expenses such as the cost for transportation to appointments, childcare for any siblings during specialist visits, or home modifications necessary to accommodate your or your child’s needs.
• Employment Records: If you or your partner have missed work to care for you or your child, retaining proof of lost wages or diminished earning capacity should be considered. Letters from your employer or pay stubs can help substantiate these claims.

 

Personal Documentation: Personal documentation helps illustrate the ongoing impact of a birth injury on the child and family, showing how the injury has affected daily life emotionally, physically, and financially. These records help personalize and strengthen your case and may include:

• Daily Logs or Journals: Written reflections can provide insight into the emotional toll of a birth injury, which may be relevant in cases where emotional distress is part of the claim. Keep accounts of how the injury affects day-to-day activities, such as feeding, mobility, and family interactions. 
• Photos and Videos: Visual evidence of your or your child’s physical condition and lingering challenges can help convey the severity of a childbirth injury in ways words alone cannot. 
• Communication Documentation: Notes from conversations with healthcare providers, such as doctors, nurses, or administrators, including specific advice, diagnoses, explanations, acknowledgments of errors, or apologies, can be helpful to your case. If you’ve filed a formal complaint with the hospital or a licensing board, save copies of those filings to establish a history of seeking accountability. 

 

Trust the Birth Injury Attorneys at Montross Miller

We understand how life-altering a birth injury can be for families. With decades of experience handling complex medical malpractice cases, we are committed to uncovering the truth and seeking justice on your behalf. Our team works tirelessly to ensure families receive just compensation for medical expenses, lost income, and emotional hardship.  Contact us today for a free, no-obligation consultation. We’ll review your case, answer your questions, and guide you toward the best path forward. Let us help you find justice during this challenging time.