Nationwide Birth Injury Lawyers Fighting for Your Family's Future
Within medical malpractice law is a subset that addresses birth injuries. A birth injury occurs when a child or mother suffers harm during pregnancy, labor, or delivery due to medical negligence, malpractice, or improper hospital policies. Additionally, birth injury litigation could possibly be pursued if there is negligent prenatal care. This could occur as a result of failing to identify birth defects or diagnose a disease that could pose a threat to the child. Failure to identify an ectopic pregnancy, a complication in which an embryo attaches to the outside of the mother’s uterus, could also lead to birth injury litigation.
Birth injury cases are among the most complex areas of medical malpractice law. If your child suffered a preventable injury, you need a law firm with the financial resources, medical expert network, and trial experience to hold negligent doctors and hospitals accountable.
Common Types of Birth Injuries We Handle
When a baby's brain, nerves, or physical body is damaged before, during, or immediately after birth, the consequences can be lifelong. Our attorneys investigate and litigate cases involving:
| Type of Birth Injury | How It Happens |
| Cerebral Palsy (CP) | A neurological condition caused by brain damage or oxygen deprivation (hypoxia) before or during birth. It leads to difficulty with muscle control and movement. |
| Erb's Palsy / Brachial Plexus Injury | Occurs when the main nerves of the arm are damaged during delivery, often caused by shoulder dystocia (when the baby's shoulder gets stuck behind the mother's pelvic bone). |
| Hypoxic-Ischemic Encephalopathy (HIE) | Severe brain dysfunction caused by a lack of oxygen and blood flow to the baby's brain during labor and delivery. |
| Spinal Cord Injuries | Often resulting from the improper use of delivery instruments like forceps or vacuum extractors. |
| Maternal Injuries | Severe harm to the mother, including failure to diagnose preeclampsia, hemorrhage, or failure to perform a timely C-section. |
The True Cost of a Birth Injury
The Centers for Disease Control and Prevention (CDC) estimates that the lifetime cost of care for a person diagnosed with cerebral palsy exceeds $1 million. This figure does not account for lost wages, out-of-pocket emergency expenses, or the profound emotional toll on the family.
Families should not have to bear the financial burden of a medical mistake. Our attorneys work with life care planners and economic experts to calculate the true cost of your child's future needs, ensuring we fight for a settlement or verdict that covers:
- Lifelong medical care and specialized surgeries
- Physical, occupational, and speech therapy
- Mobility equipment and home modifications
- Special education services
- Pain, suffering, and loss of quality of life
How Do You Prove Medical Negligence in a Birth Injury Case?
Not every birth complication is the result of malpractice. To win a birth injury lawsuit, your legal team must prove four specific elements:
- Duty of Care: The doctor or hospital owed you and your child a professional duty of care.
- Breach of Duty: The medical provider failed to meet the accepted standard of care (e.g., failing to monitor fetal distress, delaying a necessary C-section, or misusing delivery tools).
- Causation: The provider's breach of duty directly caused your child's injury.
- Damages: The injury resulted in quantifiable physical, emotional, and financial damages.
Because hospitals have massive legal teams defending them, you must consult with attorneys who have established relationships with top medical experts to review fetal monitor strips, medical charts, and hospital protocols to prove negligence occurred.
Contact The Birth Injury Lawyers At The Cochran Firm Today
If you believe that negligence by medical staff resulted in a birth injury or the tragic loss of a child, The Cochran Firm is here to help. We fully understand the overwhelming emotional and financial stress your family is facing.
We will fight for you. Contact us today to speak with a Cochran Firm intake specialist or attorney. Our team will discuss your legal matter with the confidentiality, understanding, and respect you deserve.
