Medical Malpractice Birth Injuries: What Families Need to Know

Free Consultation

Injuries Caused by Mistakes in the Birthing Process

 

The birth of a child should be a time of joy and celebration, but medical malpractice birth injuries can turn it into tragedy. Even in modern hospitals with skilled staff, errors in judgment or delayed responses may cause lasting harm to both mother and child. Families should never have to fear that negligence during delivery will result in preventable injuries. When these mistakes occur, the consequences can be severe—and in the most tragic cases, fatal. Understanding the most common types of errors during childbirth helps families recognize when medical negligence may have played a role.

Birth Hypoxia

 

One of the most serious complications during delivery is birth hypoxia, when a newborn is deprived of oxygen. A steady supply of oxygen is critical to the baby’s brain and organs, and interruptions can cause permanent damage. Hypoxia may occur due to umbilical cord compression, maternal health complications, or prolonged labor. In many cases, prompt monitoring and rapid intervention can prevent long-term injury. When providers fail to act quickly, hypoxia can lead to disabilities such as developmental delays or even death.

Cerebral Palsy

 

Cerebral palsy is a lifelong condition often linked to oxygen deprivation or trauma during delivery. Children with cerebral palsy may face difficulties with muscle control, movement, or speech. While not every case is preventable, many are tied to failures in monitoring fetal distress, misusing delivery instruments, or ignoring maternal infections. Doctors and nurses must respond immediately when warning signs appear. A delay of even minutes can mean a lifetime of challenges for the child and their family.

Erb’s Palsy

 

Erb’s palsy occurs when nerves in the neck and shoulder are stretched or torn during delivery. This injury typically results from excessive pulling or twisting of the baby during difficult births, especially when shoulder dystocia is involved. Symptoms include weakness or paralysis in the arm, and in severe cases, permanent loss of mobility. While some infants improve with therapy, others face lifelong impairment. When excessive force or improper techniques cause Erb’s palsy, the outcome may be considered medical negligence.

 

Brachial Palsy

 

Brachial palsy also involves injury to the network of nerves controlling the arms and hands. It can result in limited movement, weakness, or paralysis in the affected limb. Complicated deliveries, breech positions, or extended labor increase the risk. Although some children regain function over time, others may struggle with permanent disabilities. Preventing brachial plexus injuries requires careful monitoring and safe handling by medical professionals—failures in either can leave families with lifelong consequences.

Brain Injuries from Excessive Pressure

 

When babies struggle to pass through the birth canal, providers may use forceps or a vacuum to assist. These tools can save lives when used correctly, but misuse or excessive pressure can cause bleeding inside the brain, skull fractures, or nerve damage. The results may include seizures, developmental delays, or long-term cognitive impairment. For families, the physical and emotional toll of such injuries is compounded by the knowledge that many of these outcomes were preventable with proper care.

Long-Term Consequences for Families

 

The impact of a birth injury does not end in the delivery room. Families often face years of medical appointments, rehabilitation, and therapy. Children may require assistive devices, surgeries, or specialized education. Parents may lose income if one must stay home to provide care, creating financial strain in addition to emotional stress. The ripple effect of a preventable injury can touch every part of a family’s life, making accountability and compensation essential.

Proving Medical Malpractice

 

Not every complication is malpractice, but when medical errors fall below the accepted standard of care, families have legal rights. To prove malpractice, a case must show that:

  • The healthcare provider had a duty of care.

  • That duty was breached through negligence.

  • The breach directly caused injury to the mother or child.

  • The family suffered damages as a result.

This process often requires expert medical testimony, detailed review of hospital records, and legal expertise. An experienced birth injury attorney can guide families through this difficult process, ensuring negligence is fully investigated.

Compensation Available to Families

 

The financial and emotional toll of a birth injury can overwhelm even the strongest families. Beyond the immediate shock of the diagnosis, parents often face years of medical treatments, therapy sessions, and the need for ongoing support. Many families must adjust their daily lives to provide full-time care, which can mean lost income, added stress, and uncertainty about the future. In these moments, compensation is not about money alone—it is about securing the resources necessary to give a child the best quality of life possible and to ease the burden on parents.

Families affected by birth injuries may be entitled to financial recovery for the challenges they face. Compensation can include:

  • Current and future medical expenses

  • Rehabilitation and therapy costs

  • Lost income and diminished earning capacity

  • Pain and suffering for both the child and the parents

  • Adaptive equipment or in-home care

  • Wrongful death damages when a child does not survive

Securing fair compensation allows families to focus on healing and providing the best possible quality of life for their child.

Wrongful Death in Birth Injury Cases

 

The loss of a newborn or mother during childbirth is one of the most devastating outcomes a family can face, especially when it results from preventable medical mistakes. A wrongful death claim can provide compensation for funeral costs, final medical bills, loss of financial support, and the immense emotional suffering families endure. While no legal action can replace the life that was lost, these claims hold negligent providers accountable and may drive changes that help prevent future tragedies. At Gallon, Takacs & Boissoneault, we guide families through this difficult process with compassion and determination, ensuring their voices are heard and their rights protected.

A Realistic Example

 

Imagine a mother in prolonged labor whose baby shows signs of distress. Instead of ordering a timely C-section, the medical team delays. The result is oxygen deprivation that leaves the child with cerebral palsy. With the support of an experienced attorney, the family proves the delay fell below medical standards. They obtain compensation covering medical bills, lifelong therapy, and specialized care. While money cannot undo the injury, it provides resources for the child’s future and accountability for the mistakes made.

Compassionate Legal Support for Birth Injury Cases

 

Mistakes during childbirth can lead to medical malpractice birth injuries that cause permanent harm or even loss of life. Families deserve answers, accountability, and the financial support needed to provide proper care. If you believe negligence played a role in your child’s injury, consulting experienced legal counsel is essential.

At Gallon, Takacs & Boissoneault, our medical malpractice birth injury lawyers have been protecting families across Northwest Ohio, Southeast Michigan, and Northeast Indiana for more than 70 years. We understand the lifelong impact of birth injuries and fight to hold negligent providers accountable. Call 419-843-6663 or complete our secure online form to schedule a free consultation. We are here to protect your rights and help your family move forward with confidence.