What Is a Birth Injury?
A birth injury should not be confused with a birth defect. A birth injury refers to harm sustained by an infant during labor or delivery. These injuries may be physical or neurological and occur as a result of complications during the birthing process.
In contrast, birth defects are typically caused by genetic conditions or environmental factors that develop during pregnancy and are not directly related to the labor or delivery process.
Birth injuries can occur for several reasons, including complications during labor, delayed medical intervention, or errors made by healthcare providers. In some cases, injuries such as Cerebral Palsy, Hypoxic‑Ischemic Encephalopathy, or Erb’s Palsy may result when proper medical care is not provided during delivery.
How Do Birth Injuries Affect a Child’s Future Independence
Birth injuries can have lifelong consequences for both the child and their family. Some injuries result in permanent disabilities that require ongoing medical care, therapy, and specialized support.
The impact extends beyond the injured child. Families often experience:
- Increased medical expenses;
- Changes to work schedules and daily routines;
- Emotional stress for parents and siblings; and,
- The need for long-term caregiving support.
Parents may need to adjust their careers or daily responsibilities to provide care, while siblings may also feel the emotional and logistical strain that comes with caring for a medically complex child.
How Does a Birth Injury Attorney Evaluate Whether Malpractice Occurred?
Attorneys investigate birth injury cases by carefully reviewing medical records and consulting qualified medical experts.
During this process, attorneys look for violations of the medical standard of care, which refers to the level of care that a reasonably competent healthcare provider would have provided under similar circumstances.
This evaluation often includes:
- Reviewing medical records from pregnancy, labor, and delivery;
- Having those records examined by medical professionals;
- Identifying possible failures in care, such as inadequate fetal monitoring; and,
- Determining whether the injury was directly caused by those failures.
This process helps answer two critical questions: What went wrong, and who is responsible?
What Happens During a Birth Injury Investigation?
A birth injury investigation typically involves close collaboration between attorneys and medical experts.
Medical specialists review the care provided by doctors, nurses, and hospital staff during labor and delivery. Additional expert opinions may be obtained to ensure the findings are accurate and supported by medical evidence.
The goal of the investigation is to determine whether a deviation from accepted medical practices occurred and whether that deviation caused the child’s injury.
What Should Families Expect During the Litigation Process?
The litigation process can be complex and emotionally challenging for families. Experienced attorneys guide clients through each step while gathering the evidence needed to support the claim.
This process may include:
- Collecting and reviewing medical records;
- Consulting medical experts;
- Taking depositions from medical professionals and witnesses;
- Conducting independent medical examinations; and,
- Preparing the case for settlement negotiations or trial.
Throughout the process, attorneys work to build a strong case that clearly demonstrates how the injury occurred and the impact it has on the child and family.
What’s Involved in Calculating Lifetime Care Costs?
One of the most important aspects of a birth injury case is ensuring the child will have the financial resources necessary for lifelong care.
To determine these costs, attorneys often work with a life care planner, a medical and rehabilitation expert who evaluates the child’s long-term needs.
This analysis may include:
- Future medical treatments and surgeries;
- Therapy and rehabilitation services;
- Specialized equipment or mobility devices;
- Home modifications; and,
- Long-term caregiving needs.
Life care planners frequently collaborate with economists to calculate the projected cost of these needs over the child’s lifetime.
How Birth Injury Lawsuits Improve Patient Safety
Birth injury lawsuits can help improve patient safety by holding negligent medical providers accountable.
When healthcare providers or facilities are required to answer for preventable errors, it can lead to meaningful improvements, such as:
- Updated hospital protocols;
- Improved staffing requirements;
- Enhanced training for medical professionals; and,
- Better monitoring procedures during labor and delivery.
These changes can help prevent similar injuries from happening to other families in the future.
How We Support Families Beyond the Lawsuit
Our firm is dedicated to helping families secure the resources they need for the future.
In addition to pursuing compensation through litigation, we work with financial professionals and trust attorneys to help families plan for long-term stability. This may include establishing special needs trusts and helping families navigate available state benefits.
Our goal is to ensure that every client has access to the support and financial protection necessary to provide lifelong care for their child.
At Langdon & Emison, we are committed to supporting families and providing clear answers during difficult times. If you have concerns about a potential birth injury, our team is here to listen and help guide you through the next steps.
