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Birth Injury

The birth of a child is normally cause to celebrate. However, medical complications can occur that put the health of baby or mother – or both – in serious jeopardy. A significant birth injury can have long-term physical and emotional consequences, and will likely put a financial strain on the child’s family that lasts for decades.

At Burg Simpson, we represent new parents in birth injury cases that are premised on allegations of medical malpractice. The highly experienced birth injury attorneys on our team aggressively pursue compensation on behalf of families who require money to pay for physical therapy, special schooling, and other birth injury-related expenses. We have a long history of holding accountable those medical professionals who deviate from established standards of care and injure patients in the process.

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Birth Injuries & Medical Malpractice Explained


Medical malpractice is a scenario in which a doctor, nurse, pharmacist, or other healthcare provider causes injury to a patient through a negligent act or omission. The injury most often results from an error in diagnosis, treatment, or aftercare. Generally speaking, medical malpractice only occurs if a patient’s treatment fell short of the applicable standard of care. The term “standard of care” encompasses certain standards that are recognized by the medical community as being acceptable forms of treatment.

The birth injury attorneys at Burg Simpson are adept at handling medical malpractice cases that involve injury to child or mother. Birth injuries can range from mild to severe, the former generally being treatable while the latter typically resulting in a lifelong physical or mental impairment.

Some of the more common birth injuries are as follows:

Brain Injury

Brain injuries in newborns are the most common type of birth injury. Although some are naturally occurring and thus unpreventable, others stem from errors made either during pregnancy or labor. Brain damage can be caused by umbilical cord choking, vacuum or forceps extraction, or an undiagnosed brain infection.

Erb’s Palsy

Also called brachial plexus palsy, Erb’s palsy is a birth injury characterized by nerve damage in a newborn’s hand, arm, or shoulder. This form of paralysis can generally be addressed through treatment although some children with Erb’s palsy never regain the use of their affected limb.

Hypoxic Ischemic Encephalopathy

Hypoxic ischemic encephalopathy, or HIE, is a very serious birth injury caused by a lack of oxygen during birth. Some babies with HIE go on to have very serious health complications while others experience no long-term health problems.

Intrauterine Fetal Demise

Intrauterine fetal demise is the medical term for stillbirth and it is a phenomenon that occurs in approximately one percent of all pregnancies in the United States each year. Determining whether a stillbirth can be linked to medical malpractice requires a close examination of the available medical records. At Burg Simpson, our birth injury attorneys are on hand to discuss your stillbirth experience and explore whether the circumstances support pursuing a medical malpractice lawsuit.

How a Birth Injury Attorney from Burg Simpson Can Help

A medical error that inflicts harm on your newborn child should promptly be addressed through the mechanism of a medical malpractice lawsuit. Although money can’t fully undo that damage that’s been done, it can help soften the blow and make it possible for your child to receive the necessary medical care.

The birth injury attorneys at Burg Simpson are available to help you navigate the claim process and zealously advocate for at all stages of negotiation and litigation. Since 1977, our award-winning national law firm has been committed to holding corporations and individuals accountable for their negligent conduct.

Contact us Today

The first step on the road to seeking compensation for a birth injury is to schedule a consultation with one of the birth injury attorneys at Burg Simpson. Together, we can confidentially discuss your legal rights and options during a free case evaluation. Schedule yours today by calling Burg Simpson at 888-895-2080 or clicking here to fill out our online case evaluation form.

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