Birth Injury Lawyer

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The birth of a child should be a time of hope and celebration. When a preventable medical error during pregnancy, labor, or delivery leaves a child with a serious injury, families can face overwhelming emotional, physical, and financial challenges. If you believe your child’s injury was caused by a healthcare provider’s negligence, an experienced medical negligence lawyer can help you understand your legal options and pursue the accountability your family deserves.

Birth injury claims are among the most complex medical negligence cases. They often require extensive review of medical records, consultation with highly qualified experts, and the resources to take on hospitals, healthcare systems, and their insurers. For 40 years, Langdon & Emison has represented clients in high-stakes litigation, handling catastrophic injury cases that demand meticulous preparation and skilled courtroom advocacy.

If your child suffered a birth injury because of medical negligence, contact Langdon & Emison today at 866-931-2115 for a free consultation. We can evaluate your case, explain your rights, and help you pursue compensation for the lifelong care and support your child may need.

birth injury lawyer

Why Birth Injury Cases Require Experienced Trial Lawyers

Birth injury claims are among the most challenging types of medical negligence cases. Unlike many personal injury claims, these cases often involve complex medical issues, competing expert opinions, and defendants with significant legal and financial resources. Hospitals, physicians, and their insurers frequently dispute whether a healthcare provider’s actions caused a child’s injury, making a thorough investigation and strong evidence essential.

Many birth injuries also have lifelong consequences. A child may require ongoing medical treatment, rehabilitation, specialized therapies, adaptive equipment, or around-the-clock care. Determining the full value of these damages requires careful analysis of both current and future needs, often with input from medical professionals, life care planners, and economists.

At Langdon & Emison, we prepare every case as though it will be presented to a jury. Our attorneys have spent decades litigating complex, high-stakes injury cases and understand what it takes to build compelling claims supported by medical evidence and expert testimony. Whether a case is resolved through negotiation or proceeds to trial, we are committed to pursuing the outcome that best protects our clients and their families.

How Medical Negligence Can Cause a Birth Injury

Not every birth injury is preventable, but many occur because a healthcare provider failed to meet the accepted standard of care. Doctors, nurses, hospitals, and other medical professionals have a duty to recognize complications, monitor both mother and baby, and respond appropriately when problems arise. When they fail to do so, the consequences can be life-changing.

Medical negligence that may contribute to a birth injury includes:

  • Failure to monitor fetal distress: Delays in recognizing signs that a baby is not receiving enough oxygen can result in serious brain injuries.
  • Delayed cesarean section: Waiting too long to perform a medically necessary C-section may increase the risk of permanent harm to the child.
  • Improper use of delivery instruments: Incorrect use of forceps or vacuum extraction devices can cause fractures, nerve damage, or brain injuries.
  • Failure to identify umbilical cord complications: Conditions such as a prolapsed or compressed umbilical cord require prompt medical intervention to protect the baby.
  • Medication or anesthesia errors: Mistakes involving medications administered during labor and delivery can jeopardize the health of both mother and child.
  • Failure to respond to maternal complications: Conditions such as preeclampsia, infections, or excessive bleeding must be recognized and treated appropriately to reduce the risk of birth injuries.

Every birth injury case is unique. Determining whether medical negligence occurred requires a detailed review of prenatal care, labor and delivery records, fetal monitoring strips, and other medical evidence. Langdon & Emison works with qualified medical experts to identify deviations from the standard of care and build strong cases for families seeking answers and accountability.

Birth Injuries We Handle

Birth injuries can range from temporary conditions that resolve with treatment to permanent disabilities requiring lifelong medical care. While every case is different, Langdon & Emison represents families whose children have suffered serious injuries because of medical negligence during pregnancy, labor, or delivery.

We handle cases involving injuries such as:

Cerebral Palsy

Cerebral palsy is a neurological disorder that affects movement, muscle coordination, and posture. In some cases, it develops after a baby experiences oxygen deprivation or other preventable complications during labor or delivery.

Brachial Plexus Injuries and Erb’s Palsy

Excessive force during delivery or improper management of shoulder dystocia can damage the network of nerves controlling the shoulder, arm, and hand. Some children recover with treatment, while others experience permanent weakness or loss of function.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE occurs when a baby’s brain does not receive enough oxygen or blood flow around the time of birth. This serious condition can result in developmental delays, seizures, cerebral palsy, or other lifelong neurological impairments.

Brain Injuries

Traumatic injuries or prolonged oxygen deprivation during labor and delivery can cause permanent brain damage that affects a child’s cognitive abilities, physical development, and quality of life.

Fractures and Physical Trauma

Improper delivery techniques or misuse of medical instruments may cause skull fractures, broken bones, or other physical injuries that require extensive treatment.

Spinal Cord Injuries

Although uncommon, spinal cord injuries sustained during childbirth can lead to permanent paralysis or significant neurological impairment.

Wrongful Death

Tragically, some instances of medical negligence result in the loss of a child. While no legal action can undo that loss, families may have the right to pursue compensation and hold negligent healthcare providers accountable.

How We Investigate Birth Injury Claims

Successfully pursuing a birth injury claim requires far more than reviewing medical records. These cases demand a comprehensive investigation to determine exactly what happened, whether healthcare providers met the accepted standard of care, and how a preventable error affected a child’s future.

Our attorneys begin by gathering and analyzing prenatal records, labor and delivery records, fetal monitoring strips, imaging studies, and other medical documentation. We work with respected medical specialists who can evaluate whether physicians, nurses, or hospitals failed to provide appropriate care and explain how those failures contributed to a child’s injuries.

We also carefully assess the long-term impact of the injury. Birth injuries often require ongoing medical treatment, therapy, specialized equipment, educational support, and lifelong assistance. By working with medical experts, life care planners, and other professionals, we develop a thorough understanding of the care and financial resources a child may need in the years ahead.

Our goal is to build a compelling case supported by strong medical evidence, giving families the opportunity to seek the compensation necessary to provide for their child’s future.

Compensation Available in a Birth Injury Lawsuit

A successful birth injury claim can provide financial resources that help families manage the extraordinary costs associated with a preventable injury. Because many birth injuries have lifelong consequences, compensation must account for both current losses and future needs.

Depending on the circumstances of the case, compensation may include:

  • Past and future medical expenses
  • Physical, occupational, and speech therapy
  • Rehabilitation services
  • Prescription medications and medical equipment
  • Home and vehicle modifications
  • Special education and supportive care
  • Lost earning capacity resulting from permanent disabilities
  • Pain and suffering
  • Other economic and non-economic damages permitted by law

Every case is unique, and the value of a claim depends on factors such as the severity of the injury, the child’s long-term prognosis, and the evidence establishing liability. Langdon & Emison works to identify the full extent of a family’s damages so that any recovery reflects the lifelong impact a preventable birth injury can have on both the child and their loved ones.

Why Families Choose Langdon & Emison

Choosing the right attorney can make a significant difference in a birth injury case. These claims often involve extensive medical evidence, nationally recognized experts, and well-funded hospital systems determined to defend against liability. Families need legal counsel with the experience, resources, and courtroom skills to handle complex medical negligence litigation.

For 40 years, Langdon & Emison has represented clients in high-stakes personal injury and medical negligence cases across the country. The firm’s attorneys have served as lead counsel in some of the nation’s most significant personal injury trials, secured more than $1 billion in verdicts and settlements, and earned recognition for their commitment to trial advocacy. We prepare every case thoroughly, working with respected medical experts and other specialists to build persuasive claims supported by the evidence.

Our goal is not simply to reach a quick settlement. We are committed to pursuing the full compensation families need to care for a child who has suffered a preventable birth injury. Whether through negotiation or trial, we advocate tirelessly for our clients and hold negligent healthcare providers accountable.

Speak With a National Birth Injury Lawyer Today

If your child suffered a serious birth injury and you believe medical negligence may have played a role, you do not have to face the legal process alone. Langdon & Emison understands the devastating impact these injuries can have on a family, and we have the experience to investigate complex medical claims and pursue meaningful results.

Our attorneys are prepared to review your case, answer your questions, and explain your legal options during a free consultation. If we represent you, we will work diligently to build a strong case and seek the compensation your family needs for your child’s long-term care and future.

Call Langdon & Emison today at 866-931-2115 or contact us online to schedule your free consultation with an experienced birth injury lawyer.

Frequently Asked Questions About Birth Injury Claims

How do I know if my child has a birth injury claim?

Not every difficult birth results in a valid legal claim. To pursue a birth injury lawsuit, it generally must be shown that a healthcare provider failed to meet the accepted standard of care and that this failure caused your child’s injuries. Because these cases are highly fact-specific, it’s important to have an experienced attorney review the medical records and consult with qualified experts before determining whether negligence occurred.

What is the difference between a birth injury and a birth defect?

A birth injury is typically caused by a physical injury or medical complication that occurs before, during, or shortly after delivery. A birth defect, on the other hand, usually develops during pregnancy due to genetic factors, environmental influences, or other causes unrelated to the delivery itself. While some birth defects may involve medical negligence, many do not.

How much does it cost to hire a birth injury lawyer?

Most birth injury lawyers, including Langdon & Emison, handle these cases on a contingency fee basis. This means you pay no upfront attorney’s fees, and legal fees are only collected if your case results in a settlement or verdict. During your consultation, your attorney can explain how the contingency fee arrangement works and answer any questions about litigation costs.

How long do birth injury lawsuits usually take?

Because birth injury claims often require extensive investigation, expert review, and detailed analysis of medical records, they can take longer to resolve than many other personal injury cases. The timeline depends on factors such as the complexity of the medical issues, the severity of the injuries, the willingness of the parties to negotiate, and whether the case proceeds to trial.

Can a birth injury affect my child later in life?

Yes. Some birth injuries are immediately apparent, while others may not become fully evident until a child begins missing developmental milestones or experiences difficulties with movement, learning, speech, or coordination. As children grow, additional medical evaluations may reveal the full extent of an injury and its long-term effects.

Is there a deadline to file a birth injury lawsuit?

Yes, every state has laws that limit the amount of time families have to file a birth injury claim. These deadlines can vary depending on where the injury occurred, the age of the child, and other legal factors. Because waiting too long could affect your ability to pursue compensation, it’s important to speak with an attorney as soon as you suspect medical negligence may have caused your child’s injury.

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J. Kent Emision
Partner

Why Referring Attorneys Choose Langdon & Emison

Langdon & Emison works with referring attorneys across the country to help maximize their clients’ recoveries across an array of personal injury litigation. In just the past three years, we have paid more than $20 million to attorneys who have referred cases to our firm.