What Families Need to Know About Preventable Birth Injuries
Bringing a child into the world should be a moment filled with joy, relief, and hope for the future. But when something goes wrong during labor or delivery—when a trusted medical professional makes a critical mistake—everything can change in an instant.
If your baby was injured during birth, you’re likely overwhelmed with questions, fear, and uncertainty. Was this preventable? Will my child be okay? How will we afford long-term care? Can someone be held responsible?
At Gallon, Takacs & Boissoneault, we understand how painful and disorienting this journey can be. For over 70 years, our firm has stood by families throughout Ohio, Southeast Michigan, and Northeast Indiana, helping them uncover the truth, demand accountability, and secure the resources needed to care for their child.
This blog breaks down the critical information every family should know after a suspected birth injury—because you deserve answers.
What Is a Birth Injury?
A birth injury is physical harm sustained by a newborn (or sometimes the mother) before, during, or shortly after childbirth. While some complications are unavoidable, many birth injuries happen because of medical negligence—when doctors, nurses, or hospitals fail to follow the standard of care.
In the U.S., approximately 7 out of every 1,000 births result in some form of injury. Some are minor and resolve quickly. Others are catastrophic, requiring lifelong care and financial resources families never anticipated.
Types of Preventable Birth Injuries
Some of the most serious and preventable common birth injuries result from medical errors, inadequate monitoring, or improper delivery techniques, leading to lifelong complications for newborns and mothers. Understanding these common birth injuries can help raise awareness and improve medical care standards. Some of the most serious and preventable injuries we see include:
Cerebral Palsy: Often caused by oxygen deprivation during labor or delivery, leading to motor impairment and developmental delays.
Erb’s Palsy / Brachial Plexus Injuries: Caused by excessive force on the baby’s shoulders during delivery, leading to nerve damage and arm paralysis.
Hypoxic-Ischemic Encephalopathy (HIE): Brain damage due to prolonged oxygen deprivation, which can result in cognitive and physical disabilities.
Shoulder Dystocia Injuries: Occurs when the baby’s shoulders get stuck behind the mother’s pelvis. Mishandling can cause nerve or bone damage.
Skull or Brain Trauma: Often the result of misuse of forceps or vacuum extractors during assisted delivery.
Maternal Injuries or Death: Including hemorrhage, uterine rupture, or failure to treat known pregnancy complications.
How Medical Negligence Leads to Birth Trauma
Medical errors can occur at any point in the childbirth process. Negligence may involve:
Failure to monitor fetal distress (irregular heartbeat, oxygen issues)
Delayed decision to perform a cesarean section
Incorrect use of delivery instruments (forceps, vacuum)
Failure to respond to umbilical cord complications
Improper medication dosing or anesthesia errors
Lack of communication among delivery team members
Inadequate prenatal screening for risk factors
These are not just technical mistakes—they are failures of responsibility that can cost a child their health, mobility, or even their life.
Real Questions Parents Ask After a Birth Injury
“I knew something was wrong during delivery, but no one explained what happened.”
“Why didn’t they do a C-section sooner?”
“My baby isn’t meeting milestones—could this be from the birth?”
“They told me everything was fine… but it wasn’t.”
If this sounds familiar, you’re not alone. Many families aren’t given the full picture by medical providers. Hospitals may try to downplay what occurred, or attribute injuries to “normal complications.” But when negligence is involved, the law gives you the right to demand answers—and accountability.
What Signs Could Point to a Birth Injury?
Not all injuries are visible right away. Some red flags that may indicate a birth injury include:
Baby needing NICU care or resuscitation
Seizures, twitching, or abnormal movements
Stiff or floppy limbs
Trouble feeding, latching, or swallowing
Delays in sitting, crawling, or walking
Unusual muscle tone or asymmetrical movement
Permanent bruising, swelling, or fractures
Diagnosis of developmental or cognitive delays
If you suspect something is wrong—even if your medical provider hasn’t confirmed it—it’s worth speaking to a legal team that can investigate further.
The Emotional and Financial Toll of Birth Injuries
Beyond the immediate health concerns, birth injuries can bring a lifetime of challenges:
Financial: Costs of surgeries, therapies, mobility aids, home adaptations, and long-term care often exceed $1 million over a lifetime.
Emotional: Parents may experience PTSD, anxiety, and chronic grief over the loss of the healthy life they imagined for their child.
Family Strain: One parent may need to stop working to care for the child. Marriages and relationships can suffer under the stress.
This isn’t just about a mistake—it’s about a future that’s been forever changed. And while money can’t undo the harm, it can give your child access to the best possible care, therapies, and opportunities.
What Legal Options Are Available?
If your child’s injury was caused by medical negligence, you may have a case for medical malpractice. These cases seek compensation for:
Past and future medical expenses
Physical and occupational therapy
Special education or assistive technology
Home care needs
Pain and suffering
Emotional trauma
Loss of earning capacity (for both child and parent)
Wrongful death (if applicable)
In some cases, premises liability may also apply—such as when the injury stemmed from unsafe hospital conditions, lack of proper staffing, or dangerous facility environments.
How a Birth Injury Lawsuit Works
Many parents worry that filing a lawsuit will be too difficult while they’re focused on their child’s health. That’s why we handle everything—from investigation to litigation—so you can focus on your family.
What to expect:
- Free consultation to discuss what happened and what questions remain.
- Record review by medical experts and legal professionals.
- Investigation into timelines, hospital policies, and provider conduct.
- Filing the claim within your state’s statute of limitations.
- Negotiation or litigation for a settlement or jury verdict.
- Support throughout the emotional and legal process.
And remember: you pay nothing unless we win your case.
Why Choose Gallon, Takacs & Boissoneault
Our birth injury lawyers are more than legal professionals—we’re advocates for families during their most vulnerable moments. We’ve handled complex cases involving:
Delayed emergency C-sections
Failure to detect fetal distress
Brain damage from oxygen deprivation
Maternal death from undiagnosed hemorrhage
Hospitals denying responsibility after clear signs of malpractice
We work with top medical experts, life care planners, and financial analysts to ensure every case is fully valued.
With offices in Toledo, Defiance, Maumee, Fremont, Findlay, Lima, Mansfield, Sandusky, and Monroe, MI, we are proud to serve clients throughout Northwest Ohio, Southeast Michigan, and Northeast Indiana.
Take the First Step. Your Family Deserves Answers.
When your child is injured during birth, you deserve more than just vague explanations or empty reassurances. You deserve the truth. You deserve answers. And if medical negligence played a role, you deserve justice.
At Gallon, Takacs & Boissoneault, our experienced birth injury lawyers know how devastating this journey can be—for your child and for your entire family. These aren’t just legal cases to us. They are stories of heartbreak, strength, and the fight to give a child the best possible future after an injury that never should have happened.
We take immediate action to investigate what went wrong, whether during prenatal care, labor and delivery, or postpartum recovery. Our legal team works with medical experts to uncover negligence, build strong claims, and demand full compensation for medical care, therapies, lost income, and emotional suffering.
Whether you’re just beginning to ask questions or already suspect a medical error, our birth trauma attorneys are here to help. We represent families throughout Northwest Ohio, Southeast Michigan, and Northeast Indiana with compassion and a deep commitment to protecting your rights.
📞 Call 734-430-3012 or contact us online today to schedule a free, confidential consultation with a trusted birth injury attorney near you. There’s no cost to speak with our team—and no fee unless we win your case.
