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There’s nothing worse than when a newborn baby is severely hurt or killed during the delivery process due to medical malpractice. We have assisted several families whose child suffered a permanent injury due to preventable medical errors made during the delivery process.

Common Birth Injuries

The most common preventable birth injury we see is a brachial plexus injury. This usually occurs when the baby becomes stuck in the birth canal. The trauma of this situation can cause the baby’s nerves exiting its spinal column to become stretched or even detached, leading to permanent nerve damage in the arms. Other common preventable birth injuries and complications include cerebral palsy, perinatal asphyxia, and complications from oxygen deprivation.

How We Handle Birth Injury Cases

We have a network of expert witnesses who can review birth injury cases to determine whether there was a violation of the standard of care on the part of the doctor or nursing staff. If there was such a violation, we proceed with bringing a lawsuit against the individuals at fault. These cases involve extensive legal work, so you want a personal injury lawyer who has experience with birth injury medical malpractice cases.

Who Gets the Settlement Money When a Baby is Hurt?

When a minor such a baby is injured, the minor cannot directly receive the settlement money. The money must be held by the court system in an interest-bearing account or put into a structured annuity for the benefit of the child. If the settlement is sizable, we generally recommend the structured annuity option because the interest gained on the settlement funds is usually non-taxable. For more information, see our Child Injury FAQs.

If your child has suffered a permanent injury or died in the childbirth process, please reach out for a free case evaluation. We are here to help.