Birth injury lawsuits involve serious injuries that occur during labor and childbirth. Injuries to newborn babies can be as basic as bruises and superficial wounds or as complex and catastrophic as brain injuries and permanent disabilities such as Cerebral palsy.
Giving birth is one of the ultimate human experiences. Bringing a new life into this world is a peak joy of a parent’s life and a day they will remember forever. However, giving birth can come with complications. The medical professionals tasked with this sacred responsibility have a duty of care owed to both the mother and the newborn. When medical professions fail to meet that standard of care, mothers and their newborn babies can suffer serious injuries and even death.
The Minnesota birth injury attorneys at Goldenberg Lauricella, PLLC have been helping mothers and children injured due to negligent medical care during labor and childbirth for over 37 years. Contact us today for a free birth injury lawsuit consultation.
Do I Have a Birth Injury Lawsuit?
If your newborn suffered a preventable injury before, during, or after childbirth, you may be able to bring a birth injury lawsuit on their behalf. In order to successfully bring a birth injury lawsuit, your Minnesota personal injury lawyer must be able to prove that your medical provider violated the standard of care and the injury your newborn suffered was a direct result of that violation.
To prove your medical provider violated the standard of care, you must be able to do the following:
- Establish a doctor-patient relationship existed between the medical provider, the mother, and baby.
- Provide evidence and experts to show that the medical provider failed to provide care that a competent medical professional would have provided.
- Prove that the medical provider’s failure to provide competent care caused the baby’s injuries.
- Show that the injuries have caused significant physical, emotional, mental, and/or economic damages.
Types of Birth Injury Claims
Birth injuries can range from superficial bruises that heal in a matter of days to traumatic injuries that have lifelong repercussions. Common birth injuries include:
- Hypoxia: Low levels of oxygen in body tissue. Hypoxia during childbirth can lead to devastating birth injuries, including brain injuries and cerebral palsy.
- Hypoxic ischemic encephalopathy (HIE): Interruption of oxygen and blood flow to the baby’s brain for a period of time. As little as 5 minutes without oxygen can lead to brain cell death, permanent disabilities, and developmental delays. HIE can also impact organs such as the heart, kidneys, and lungs.
- Cerebral palsy: Group of disorders that impact muscle development and movement. Caused by damage to the developing brain, typically before or during childbirth. Symptoms include lack of physical development, poor motor skills, and limited range of motion. Typically diagnosed between 12 and 24 months. Some causes of cerebral palsy include:
- Lack of oxygen to the brain (hypoxia) during childbirth. Linked to poor monitoring of baby vitals prior to delivery and traumatic injuries sustained during labor and delivery.
- Stroke while in-utero or during delivery.
- Brain bleed in the womb or shortly after delivery.
- Infections that inflame the brain or areas around the brain.
- Traumatic head injury during childbirth or during first weeks after birth.
- Brain injury: Brain injuries can occur at childbirth due to physical trauma, delayed birth, or hypoxia. Severe brain injuries can lead to lifelong conditions such as cerebral palsy, intellectual disabilities, and developmental disorders. Getting fair compensation can be challenging without the expertise of a Minnesota brain injury attorney. Other common birth injuries to the brain include:
- Brachial plexus injuries: Injury to the nerves in the shoulder. This network of nerves is responsible for movement of the arms and hands. Injury can occur from traumatic childbirth, often linked to babies in breech position, abnormally large babies, and prolonged labor. Can cause a condition called Erb’s palsy.
- Erb’s palsy: Condition that causes weakness, loss of feeling, or paralysis in the arm. Many children make full recoveries via surgical and non-surgical treatment, but some children will continue to suffer from weakness in the shoulder, arm, and/or hand.
Why Choose Our Minnesota Birth Injury Attorneys?
Birth injury lawsuits are complex and expensive. To be successful with your birth injury lawsuit, you need attorneys with experience and expertise to fight the high powered defense attorneys representing your healthcare provider. Goldenberg Lauricella, PLLC has a proven track record of success over 37 years. Contact us today for a free birth injury lawsuit consultation.
Birth Injury Quick Facts
The Centers for Disease Control and Prevention (CDC) defines a birth injury as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth.” A birth injury is different from a birth defect. Birth injuries can occur during vaginal delivery, including vacuum deliveries and forceps deliveries. Birth injuries can also occur during caesarean section (C-section) deliveries. There is a higher risk of birth injuries during vaginal delivery if the baby is abnormally large (over 11 lbs) or in an abnormal position in the uterus. In these situations, doctors typically recommend delivery via C-section.
How Is A Birth Injury Different Than A Birth Defect?
A birth defect is a condition caused by a baby’s genetics or factors related to in-utero development. Birth defects are present prior to the baby’s birth. Most birth defects arise in the first months of pregnancy as the baby’s organs are forming.
A birth injury occurs during labor or as the baby is born. A birth injury can be caused by the negligence of the medical professionals assisting with childbirth, including the obstetrician-gynecologist (OBGYN), nurse-midwife, labor and delivery nurse, or other medical providers.
How Common Are Birth Injuries?
According to a 2021 study, incidents of major birth trauma occurred in approximately 4.67 per 1,000 live births.. The rate of birth injuries in the United States has steadily declined with the improved birthing techniques, advancement of medical technology such as ultrasounds, and the increased efficacy of C-sections in cases of difficult vaginal deliveries..
Are birth Injuries Preventable?
Birth injuries occur as a result of actions taken or not taken by healthcare providers.
Common medical negligence that can lead to birth injuries include:
- Failure to diagnose apparent health conditions in the mother or baby in the minutes, hours, or days leading up to delivery.
- Failure to properly care for and monitor the mother and new baby during labor, during birth, and/or after birth.
- Improperly or unnecessarily using delivery tools such as forceps or vacuum extractors.
- Use of unnecessary force during birth.
Our Minnesota Birth Injury Attorneys Can Help
The Minneapolis birth injury attorneys at Goldenberg Lauricella, PLLC understand how devastating it can be to see your child in pain. The compounding toll of knowing that pain was preventable can be unbearable. We are parents and grandparents first, and lawyers second. There is nothing more important to us than to see our little ones healthy and happy. That is why birth injury cases are so important to us.
We have successfully represented Minnesotans injured by medical malpractice for over 37 years and have the skills and experience you need to win your birth injury lawsuit. Contact us today at (612) 333-4662 for a free birth injury lawsuit consultation.