The Essentials of Birth Injury Cases

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It happens more frequently than you may think. A birth injury can occur during delivery that may impact your newborn’s health temporarily or for long-term. However, birth injuries, or birth trauma, are more than what goes on during labor. They can also be the result of negligence in your prenatal care.

If these injuries have led to life-changing conditions for your child or a mountain of medical expenses, it may be time to consider legal action against your physician or the hospital where your delivery took place.

What Birth Injuries Can Lead To


Birth injuries refer to the physical harm or damage that can occur to a newborn through pregnancy and delivery, brought on by negligent prenatal care or procedures that a medical team conducts during the delivery process.

Birth injuries can range from swelling or bruising of the head to a fracture of the clavicle or collarbone. These can be brought on by larger infants traveling down narrower birth canals, issues that may arise during Cesarean sections, and the use of devices, like forceps, to remove the newborn.

While some birth injuries can heal in due time, other issues can lead to permanent problems that will require medical attention for years to come. For example, cerebral palsy is the most common type of serious birth injury and is the subject of many malpractice lawsuits. Cerebral palsy is a neurological disorder where damage to the brain causes inability to control body and muscle movement. Cerebral palsy has been linked a temporary lack of oxygen to the fetus, as well as delays in C-sections and head trauma at birth.

Birth injuries also lead to a variety of mental and physical ailments, including sleep apnea, which sleep disorder testing in Somerset, NJ has recommended checking for when you notice a patient struggling with breathing during their rest.

Filing a Birth Injury Lawsuit


It is important to recognize that there is a statute of limitations on birth injury cases, depending on where you live. Schwaner Injury Law, a birth injury attorney in Chicago, recognizes the situations that lead to birth trauma, ranging from prolonger labor to insufficient prenatal care by doctors.

It is encouraged to manage records when it comes to birth injuries and any subsequent care, including documentation from hospitals or any other medical specialists that are involved in your child’s medical regimen. This includes any invoices you may have for expenses, outstanding or otherwise.

Birth injury lawyers build their case based on that proper documentation, and then file the case within the appropriate court of law. From that evidence, lawyers will work to gain access to medical records and potential witness testimony to recognize a recklessness or lack of care in the prenatal or delivery process.



It is important to remember when entering the legal process that medical malpractice and a small mistake are not the same thing. If there is a clear and present failure on the part of your care team, it is important to recognize that as cause for a lawsuit. Medical expenses are costly, not to mention the emotional hardship that can come with caring for an ailing child.

If you have a case, birth trauma lawyers will file a lawsuit and work to get you and your family the financial compensation you deserve. This money can help cover the cost of:

  • Medical procedures and surgeries
  • Treatments and medication
  • Home care and rehab services
  • Unexpected expenses and additional costs as a result of the child’s injury.

Getting legal assistance is recommended to assure a quicker payout, as well as allow someone with a knowledge of the law to make your case their focus. After all, simple mistakes can stall legal action even further, with some cases even getting tossed. This also allows your child’s care to remain your utmost priority.