Bringing a child into the world should be one of the most joyful experiences a family can have. Unfortunately, when medical professionals act negligently during pregnancy, labor, or delivery, that moment can turn into a lifelong struggle. In such cases, a birth injury attorney plays a crucial role in helping families secure justice, accountability, and financial support for their child’s future.
What Does a Birth Injury Attorney Do?
A birth injury attorney is a legal professional who specializes in representing families whose infants have suffered harm during birth due to medical malpractice or negligence. These attorneys have extensive experience in both legal and medical matters, allowing them to understand complex hospital procedures, medical standards, and the lasting effects of birth-related injuries.
They investigate the circumstances surrounding the delivery, consult with medical experts, and gather evidence to determine whether a healthcare provider’s mistake caused the injury. When negligence is proven, the attorney works to secure compensation that helps the family cover medical expenses, ongoing care, and emotional damages.
Common Types of Birth Injuries
Birth injuries can vary widely in severity and type. While some resolve quickly, others lead to permanent disabilities that affect a child’s life forever. The most common types of injuries that birth injury attorneys handle include:
Cerebral Palsy (CP): Often caused by a lack of oxygen during labor, CP affects muscle coordination and motor skills. It is one of the most severe and costly birth injuries to manage over a lifetime.
Erb’s Palsy: This condition results from nerve damage in the shoulder and arm, often caused by excessive pulling during delivery. It can lead to partial or complete paralysis of the affected limb.
Hypoxic-Ischemic Encephalopathy (HIE): This brain injury occurs when a baby’s brain does not receive enough oxygen. Quick medical intervention could prevent many HIE cases, but delayed responses can lead to devastating outcomes.
Fractures and Broken Bones: Improper use of forceps or vacuum extraction devices can result in fractures, especially of the collarbone or skull, during difficult births.
Spinal Cord Injuries: Rough handling during delivery can cause nerve or spinal cord damage, resulting in permanent disabilities or paralysis.
How Birth Injury Attorneys Build a Strong Case
Winning a birth injury case requires proving that the medical provider failed to meet the accepted standard of care and that this failure caused the injury. A skilled attorney uses detailed investigation and expert testimony to demonstrate these critical elements.
Step 1: Reviewing Medical Records
Attorneys examine prenatal records, delivery notes, fetal monitoring strips, and postnatal care details to find signs of negligence or delay in treatment.
Step 2: Consulting Medical Experts
Birth injury attorneys collaborate with obstetricians, pediatric neurologists, and other specialists who can testify that a doctor or nurse failed to follow standard medical protocols.
Step 3: Establishing Causation
The attorney must clearly show that the healthcare provider’s actions—or inactions—directly caused the baby’s injury, not an unavoidable complication.
Step 4: Calculating Damages
Financial damages include medical bills, rehabilitation costs, assistive devices, loss of future income, and emotional distress. The attorney ensures that both current and future expenses are accounted for.
Compensation in Birth Injury Cases
Families dealing with the aftermath of a birth injury often face enormous financial and emotional burdens. Compensation from a successful lawsuit can help ease these challenges by covering:
– Hospital and medical care costs
– Physical and occupational therapy
– Long-term nursing or rehabilitation services
– Home modifications for accessibility
– Pain, suffering, and emotional trauma
– Future loss of income or earning potential
Each case is unique, and the amount of compensation depends on the severity of the injury and its impact on the child’s life. A seasoned birth injury attorney ensures that the settlement or verdict reflects the true scope of the family’s hardship.
Why Hiring a Birth Injury Attorney Matters
Medical malpractice law is highly complex. Hospitals and insurance companies have powerful legal teams whose job is to minimize payouts. Without a knowledgeable attorney, families may struggle to prove negligence or obtain fair compensation.
A qualified birth injury attorney brings invaluable expertise and resources to the table, including access to expert witnesses, experience handling large healthcare institutions, and negotiation skills that can lead to higher settlements. They also understand the emotional toll on families and provide compassionate, dedicated representation throughout the legal process.
Understanding the Statute of Limitations
Every state has a specific time limit for filing a medical malpractice claim. In California, the statute of limitations is generally one year from the date the injury was discovered. However, for minors, there are certain extensions that allow parents to file on behalf of their children.
Acting quickly is critical. If you wait too long, vital evidence such as hospital records, witness testimonies, or electronic monitoring data may be lost. Contacting an attorney as soon as you suspect negligence gives your family the best chance at justice.
Choosing the Right Birth Injury Attorney
When choosing legal representation, it’s essential to find a firm with proven experience in medical malpractice and birth injury litigation. Look for attorneys with a record of success in cases involving hospitals, doctors, and insurance companies. Compassion and communication are equally important — you want a lawyer who will listen, understand your pain, and fight tirelessly for your child’s future.
Law firms like Moseley Collins Law have decades of experience representing families affected by birth injuries. Their combination of medical knowledge, legal expertise, and genuine empathy helps parents feel supported while pursuing justice for their children.
Empowering Families Through Legal Action
Filing a birth injury lawsuit isn’t just about financial recovery — it’s about accountability. Legal action forces hospitals and medical professionals to improve safety standards and prevent similar tragedies from happening to others. By speaking up, families can bring about change that protects future patients.
No amount of money can erase the pain of seeing your child suffer due to medical negligence. However, holding the responsible parties accountable can provide closure, security, and the means to care for your child’s unique needs.
Contact a Trusted Birth Injury Attorney Today
If your child has suffered a birth injury caused by medical negligence, you have the right to seek justice. Contact an experienced birth injury attorney to discuss your options, review your case, and start the process of recovery for your family. Compassionate legal support can make all the difference in protecting your child’s future and ensuring your voice is heard.
Moseley Collins Law
99 N First St #205, San Jose, CA 95113
(408) 444-4000