Birth injury

Alexander Shunnarah Trial Attorneys can help determine if your child and family may be entitled to a birth injury settlement. Our firm is here to support you and seek justice and compensation on your behalf.

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What Is a birth injury?

Mother cradling a newborn baby | Alexander Shunnarah Trial Attorneys

Birth injuries (also called birth trauma) refer to any physical harm to a newborn baby before, during, or shortly after delivery. Harm and injury sustained by the mother also falls into the categories of birth injury and birth trauma. 

The Benefits of Working with a birth injury lawyer

When you work with a birth injury lawyer at Alexander Shunnarah Trial Attorneys, you partner with a dedicated advocate committed to vigorously representing your interests. Each birth injury lawsuit is unique, but typically, you can get support every step of the way, including investigation, lawsuit filing, evidence gathering and discovery, mediation, settlement, and if necessary, trial.  

Our attorneys work on a contingency fee basis, only charging you if they win your case. This arrangement allows families to focus on recovery and care of their children without worrying about legal expenses. 

We understand that things may be overwhelming after you and your family experience a birth injury, and ultimately, we believe that teaming up with an attorney can help you by providing:

  • Legal knowledge about birth injuries and litigation
  • Negotiating skills
  • Focus and dedication in a turbulent time
  • Commitment to your compensation 
  • Motivation to proceed with your case
  • Free consultation

Birth Injury Statistics

  1. According to the Centers for Disease Control and Prevention (CDC), birth injuries occur in about 7 of every 1,000 babies born in the United States. 
  2. Birth trauma occurs most often in rural areas. 
  3. Babies who are oversized, born prematurely, and part of multiple births are at a greater risk of a birth injury. 
  4. Women between the ages of 25 and 34 are at the highest risk for birth injuries caused by assistive delivery tools (like forceps or vacuum extraction complications). 

What Types of Cases do Birth INjury Attorneys Handle?

In birth injury cases, a child is injured as a result of careless and preventable mistakes during childbirth. Below are a few examples of the types of injuries that these attorneys have worked with, as well as some of their clients.

Cerebral Palsy

Due to brain damage, cerebral palsy is a lifelong condition. Depending on the part of the brain affected, it can lead to developmental and physical disabilities. Cerebral palsy can sometimes be prevented by doctors preventing many of its complications. Their job is to make sure a baby doesn’t suffer from asphyxiation since a lack of oxygen can harm the brain and lead to cerebral palsy.

Erb’s Palsy

Brachial plexus palsy, also known as Erb’s palsy, is a form of nerve damage that can affect the shoulders, arms, and hands. A child with Erb’s palsy experiences numbness, weakness, or paralysis throughout their body. Despite the fact that Erb’s palsy can often be treated, some children may not fully recover. The excessive force used by medical professionals during the delivery process can lead to Erb’s palsy in the newborn. A doctor may damage the baby’s nerves if, for example, a baby is stuck in the birth canal and a vacuum extractor or forceps are used incorrectly.

Spinal cord injuries

Signals from the brain can travel to various parts of the body through the spinal cord. Nerve damage or tears in the spine can cause numbness or paralysis. When doctors pull too hard on a baby’s neck or head, they can cause a spinal cord injury. Additionally, some doctors fail to diagnose and treat conditions that cause spinal cord injuries, such as spina bifida.

Brain damage

If a baby is deprived of oxygen during birth, suffers head trauma, or is infected by their mother while in the womb, they are at risk of suffering brain damage. There are mild brain injuries as well as more severe ones, such as cerebral palsy.

Other injuries

Many other preventable birth injuries can also be handled by experienced birth injury lawyers. Other potential types of birth injuries include:

  • Caput succedaneum
  • Cervical dystonia
  • Injuries from C-sections
  • Infant torticollis
  • Intrauterine fetal demise
  • Kernicterus
  • Klumpke’s palsy
  • Skull fractures
  • Maternal infections
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma
  • Newborn jaundice
  • Vacuum extraction injuries
  • Placental Abruption 

Four Considerations AFter A Birth INjury Occurs

The emotional toll

Birth injuries are devastating for families. Some require you and your entire household to learn a different way of life. On top of this stress, many people often have to manage the medical crisis while also managing work.  

The care plan

Many parents don’t know what kind of care their child may need after a birth injury. An experienced legal expert who has worked through a birth injury case before can help you figure out your next steps.  

The financial burden

Medical bills following a birth injury can be overwhelming. They often require ongoing payments for medical care and support. If medical malpractice or negligence is at the heart of your experience, the medical professional or hospital where the birth occurred may owe you compensation that can cover your medical costs. 

Small medical mistakes are sometimes severe and require years of intensive treatment, including surgery, medication, and other types of therapy. You should not have to pay for expensive medical treatment if your child suffers a severe and preventable birth injury.

Finding an attorney to assist with your case

Alexander Shunnarah Trial Attorneys can focus on calculating compensation to cover your expenses, increase your chances of building a strong claim, and help you achieve maximum compensation after a traumatic time.

Find a Shunnarah Location

Alexander Shunnarah Trial Attorneys handles cases in all 50 states. Find a location or attorney to assist you with your case.

Frequently Asked Questions About Birth Injuries

Explore our FAQ to get the answers to some of our most frequently asked questions about Birth Injuries.

What qualifies as a birth injury, and could it have been prevented?

A birth injury refers to any damage or injury to an infant that occurs during labor or delivery. Common examples include cerebral palsy, brachial plexus injuries, fractures, and hypoxic-ischemic encephalopathy. Many birth injuries result from medical negligence, including failure to monitor the baby’s heart rate, improper use of delivery tools, or delayed actions during complications. An experienced birth injury attorney can help determine if your case involved preventable errors and whether it qualifies for compensation.

How soon after a birth injury should I contact a lawyer?

It is advisable to contact a lawyer as soon as possible after a birth injury. This allows the attorney to collect fresh evidence, interview witnesses while memories are clear, and begin building a strong case promptly. Additionally, each state has a statute of limitations that limits the time within which you can file a lawsuit, making immediate action crucial.

What types of compensation can I pursue in a birth injury case?

Compensation in a birth injury case may include medical expenses (both current and future), pain and suffering, emotional distress, and, if applicable, punitive damages. In severe cases, compensation might also cover ongoing care costs, special education needs, and loss of future earning potential for the child. A skilled lawyer can assess your situation and help maximize the compensation you receive.

What information is important for me to share with my birth injury attorney?

It’s important to gather any medical records related to the pregnancy and delivery, communications with healthcare providers, and any notes you may have taken about the birth and your child’s condition. Also, include any photographs and names of witnesses or medical staff involved. This information will help your attorney evaluate your case more effectively and advise you on the next steps.

Who can be held liable in a birth injury lawsuit?

Various parties may be held liable in a birth injury lawsuit, depending on the circumstances. These can include the attending physician, the hospital or birthing center, supporting medical staff, and sometimes equipment manufacturers. Identifying all liable parties is a critical component of your lawyer’s role, as it ensures all potential sources of compensation are pursued.

How can I prove that my child was injured during birth?

Proving a birth injury typically involves obtaining a comprehensive medical evaluation. This evaluation is essential for understanding the full extent of your child’s injuries and determining necessary steps moving forward. Calling a birth injury lawyer soon after you or your baby are injured is vital for effective evidence gathering and ensuring the proper compensation is pursued.

How long does a birth injury case take to reach a verdict?

The duration of a birth injury case can vary, depending on the specifics of each case. It is common for a settlement to be reached within a few months, but it might take several years in more complex scenarios.

What is the average amount of birth injury settlement?

The average settlement for birth injury cases is approximately $1.5 million, but this amount can vary depending on factors such as the severity of the injury and the available compensation.

Securing Results for Our Clients

Result
Verdict

$15,000,000 Rewarded

Child Wrongful Death

Result
Verdict

$5,000,000 Rewarded

Medical Malpractice

Alabama

If You Suspect You Or Your Child Was Injured During Birth

Talk to A Trusted Doctor.

Openly discuss your concerns with a medical professional as soon as possible. Get a record of your visit.

Gather Medical Documentation.

It’s useful to have any pre-existing documentation of the birth in one place.

Call Shunnarah For A Consultation.

Our legal experts will talk you through the next steps in building a case.

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