What Qualifies as a Birth Injury?

Welcoming a new life into the world—into your family—should be a joyous and celebratory occasion. Tragically, it can also be a source of devastating injuries that can impact children and families for life. Birth injury claims allow families facing the consequences of medical negligence to seek the compensation they deserve.

According to the National Institutes of Health, the rate of traumatic births in the United States has declined in recent years, though injuries still impact around two babies per every 1,000 born. Even one such injury is absolutely unacceptable. If your family has been forced to deal with the lasting damages caused by negligent care during labor or delivery, having an experienced birth injury lawyer on your side is a good way to understand your rights, the damages you may be entitled to, and the process required to secure what you are owed.

Birth Injury Claims Can Be Very Complex

If your child was injured during labor or delivery, Burg Simpson is here to help. Call us at 513-852-5600 to schedule a FREE and confidential case evaluation. Our Cincinnati birth injury lawyers help families living throughout Ohio pursue justice following medical malpractice.

Understanding Medical Malpractice in Birth Injury Claims

Medical malpractice occurs when a healthcare provider—doctor, nurse, assistant, or other professional—acts negligently, causing injury to a patient. For birth injury claims, this means the treatment your baby received fell below the standard of care, a term that encompasses certain standards recognized by the medical community as being acceptable forms of treatment.

There are a number of ways medical professionals might be negligent during labor and delivery, leading to birth injury claims. These include:

• Failure to monitor fetal distress
• Neglecting to order a timely C-section
• Improper use of birth-assistive tools
• Misdiagnosing or ignoring maternal conditions

The Cincinnati birth injury lawyers at Burg Simpson are adept at handling medical malpractice cases that involve injury to the child and/or mother. We will carefully investigate the circumstances surrounding your child’s birth to identify where negligence took place and fight to hold each responsible party to full account for your damages.

Common Birth Injuries

Some birth injuries are mild, requiring simple treatments and resolving fairly quickly. Some, however, are severe and will result in lifelong consequences. Serious injuries that may result in birth injury claims include:

Brain Injury

Head 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 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.

Additional Birth Injuries to Consider

While the four categories above represent some of the most common birth injuries, numerous other complications may arise during labor and delivery, each with its own potential causes, treatment paths, and legal implications. These include:

• Cerebral Palsy. This group of disorders affects movement, muscle tone, and posture. It may result from oxygen deprivation, infections, or head trauma before, during, or shortly after birth.
• Facial Nerve Palsy. Damage to facial nerves may be associated with forceps use or assisted deliveries. Some cases resolve with therapy. Others result in permanent facial paralysis.
• Fractures. Fractures to the clavicle and collarbone are fairly common during challenging labors, especially when the infant is improperly handled. While infant bones tend to heal rapidly, fractures are often a clear sign of excessive force during labor.
• Spinal Cord Injuries. Injury to the spinal cord can result in loss of function and permanent paralysis. It is often the result of excessive traction, mishandling, or undue force, but may be more common in breech deliveries.
• Cephalohematoma. Typically mild, this infection is caused by pressure from delivery tools. It can result in jaundice or infection when not properly treated.

A medical error that inflicts harm on your newborn child should promptly be addressed through the mechanism of a medical malpractice lawsuit. Although money cannot fully undo the damage that has been done, it can help soften the blow and make it possible for your child to receive the medical care, special schooling, and additional support they will need to live their most rewarding life.

How a Birth Injury Lawyer from Burg Simpson Can Help

At Burg Simpson, we understand the life-altering consequences a birth injury can have for your entire family. Since our founding in 1977, our nationally recognized attorneys have fought tirelessly to help individuals and families injured through medical negligence and other incidents, recovering more than $2 billion for our clients in verdicts and settlements. We are here to listen to your story, understand your needs, and help your family get justice.

Our Cincinnati birth injury lawyers have never been afraid to hold negligent healthcare providers accountable. We focus on every aspect of your case—investigating medical records, consulting with legal experts, and preparing compelling legal strategies—so you can devote your full attention to your child’s and family’s needs. We understand that your situation is unique. Our attorneys will tailor our approach to address the specific needs of your family.

Our client-first philosophy informs how we handle birth injury claims. We believe in transparent communication and compassionate guidance, ensuring you are informed, involved, and empowered at every stage of the process. We work relentlessly to secure fair compensation. Whether negotiating for a settlement or taking a case to trial, we prepare strong cases that seek every penny victims of birth injury deserve.

Contact Us for FREE

If you suspect medical negligence led to your child’s birth injury, take action today. Contact Burg Simpson online or call our Cincinnati office to schedule a FREE consultation. Experienced and effective, our birth injury lawyers serve children and families living throughout Ohio.