Practice area
Birth injuries
Most babies born after a hard delivery are fine, and many conditions have nothing to do with the birth. When a baby or mother was hurt because warning signs were missed, a family may need help paying for years of care.
What this can look like
- A C-section delayed after fetal monitoring showed distress
- Forceps or a vacuum used incorrectly or for too long
- Too much force during shoulder dystocia, injuring the brachial plexus (Erb's palsy)
- A mother's infection or preeclampsia not treated in time
- Newborn jaundice or low blood sugar not treated in time
- Injuries to the mother, such as an untreated hemorrhage
Signs a parent may notice later
Many birth injuries are not named for months or years. Parents often call us after a pediatrician mentions a missed milestone. These signs do not mean anyone was at fault. They are reasons to talk to your child's doctor and, if the birth was difficult, reasons to ask questions.
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Head control
Not holding the head up steadily by about four months.
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Sitting and rolling
Not rolling by about six months or sitting without help by about nine months.
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Muscle tone
Arms or legs that feel unusually stiff, or unusually floppy.
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One-sided use
Strongly using one hand only before about 18 months.
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Feeding and seizures
Ongoing trouble sucking or swallowing, or any seizure.
Ages are general guides only. Your child's doctor is the right person to assess development.
What the law asks you to show
All four must be true. Most cases are decided by the third one.
- 1.Duty
- The obstetrician, midwife, nurses and hospital owed care to both mother and baby.
- 2.Breach
- An obstetrician or labour nurse expert would say the warning signs called for faster or different action.
- 3.Causation
- The delay or the technique caused the injury, rather than something that happened earlier in the pregnancy.
- 4.Harm
- The injury affects the child's health, development or future, or harmed the mother.
Who reviews it
Independent experts who do not work with the providers involved. We pay their fees.
- An obstetrician and a labour and delivery nurse expert
- A neonatologist for the baby's first days
- A pediatric neurologist, and a neuroradiologist to read the MRI
Records that help
You do not need these before you call. With your permission, we request them.
- The mother's prenatal records
- Labour and delivery records, including the fetal heart monitoring strips
- The baby's newborn and NICU records
- The baby's MRI images, not only the report
- The placenta pathology report, if one was done
Deadlines can be short
A child's own claim often has a longer deadline, but the parents' claim for medical costs may not. Do not assume you have until your child turns eighteen. Ask early. Rules differ by state.
Deadlines, explainedQuestions we hear
Our baby was diagnosed years after the birth. Is it too late?
Not always. Children's claims often have special deadlines, but they differ by state and some are shorter than parents expect. A free review can tell you which dates apply.
Will a claim affect my child's care at that hospital?
Hospitals are not allowed to treat a patient differently because of a claim. Many families keep seeing the same specialists. If you are worried, tell us and we will talk it through before anything is filed.
Other practice areas
Questions about your child's birth? Start here.
A parent or guardian can fill in the evaluation. Our nurse reads the birth records first, and we tell you honestly what they show.