The birth of a child should be one of life’s most joyful moments. Yet for some families in Birmingham, Alabama, what should have been a celebration becomes a tragedy when medical negligence during labor and delivery causes a preventable birth injury. These injuries can result in cerebral palsy, brain damage, oxygen deprivation, and other conditions that affect a child for life.
Farris, Riley & Pitt, LLP represents families throughout Birmingham and Alabama who have experienced birth injuries due to medical malpractice. Our birth injury lawyers understand the physical, emotional, and financial devastation these cases create. We investigate your case thoroughly, work with medical experts, and pursue the compensation your family deserves.
Common Birth Injuries Caused by Medical Malpractice
Many unavoidable birth injuries occur because healthcare providers fail to follow the standard of care. They may fail to monitor fetal distress, delay emergency cesarean sections, misuse delivery instruments, or make medication errors. When medical professionals’ negligence causes harm to your newborn, you have the right to hold them accountable and pursue compensation for your family’s suffering.
Cerebral Palsy
Cerebral palsy is one of the most common birth injuries resulting from medical negligence. This neurological condition affects muscle tone, movement, and coordination. It typically develops when a baby’s brain is deprived of oxygen during labor or delivery. Cerebral palsy can range from mild to severe, affecting a child’s ability to walk, speak, and perform daily activities.
Medical negligence causes cerebral palsy when healthcare providers fail to recognize and respond to fetal distress. They may delay necessary emergency cesarean sections or use improper delivery techniques. Once diagnosed, cerebral palsy is permanent, requiring lifelong medical care, physical therapy, and support services. Children with cerebral palsy often require ongoing treatment and support throughout their lives, making birth injury compensation critical for their future care.
Brachial Plexus Injuries (Erb’s Palsy)
Brachial plexus injuries occur when the nerves controlling arm and hand movement are damaged during delivery. Erb’s palsy, the most common type of brachial plexus injury, typically results from shoulder dystocia. This occurs when a baby’s shoulder becomes stuck during delivery. Improper handling during delivery, excessive pulling on the baby’s head, or failure to manage shoulder dystocia correctly can cause these nerve injuries.
Some brachial plexus injuries resolve on their own within months. Others cause permanent weakness, loss of sensation, or paralysis in the affected arm. Severe cases may require surgery and years of physical therapy. When these injuries result from medical negligence, families deserve compensation for the lifelong impact.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy occurs when a baby’s brain does not receive enough oxygen and blood flow during labor or delivery. HIE can cause seizures, developmental delays, cerebral palsy, and cognitive impairment. The severity depends on how long the brain was deprived of oxygen and how quickly medical professionals responded.
Medical negligence causes HIE when providers fail to monitor fetal heart rate patterns. They may delay recognizing signs of fetal distress or postpone emergency intervention. Early recognition and rapid response can minimize brain damage, making prompt medical attention critical. According to the American College of Obstetricians and Gynecologists (ACOG), proper fetal monitoring is essential to prevent HIE.
Other Preventable Birth Injuries
Medical negligence can cause traumatic brain injuries, skull fractures, spinal cord injuries, and in the most tragic cases, wrongful death. Each type of birth injury requires experienced legal representation to prove negligence and secure appropriate compensation.
Medical Negligence During Labor and Delivery
Failure to Monitor Fetal Distress
Appropriate fetal monitoring during labor is the standard of care. For high-risk pregnancies, continuous electronic fetal monitoring is indicated. For low-risk pregnancies, intermittent fetal heart rate auscultation is the preferred standard of care. Fetal heart rate patterns provide critical information about whether a baby is receiving adequate oxygen.
When healthcare providers fail to provide appropriate monitoring based on the patient’s risk level, misinterpret monitoring strips, or ignore signs of fetal distress, they breach their duty to the mother and baby. Missed or delayed recognition of fetal distress allows preventable injuries to occur. A competent healthcare team recognizes warning signs and takes immediate action—typically an emergency cesarean section—to prevent harm. The Joint Commission establishes standards for fetal monitoring in healthcare facilities.
Delayed or Improper Emergency C-Section
When vaginal delivery poses risks to mother or baby, an emergency cesarean section may be necessary. The standard of care requires healthcare providers to recognize when vaginal delivery is unsafe and to perform a cesarean section promptly. Delays of even minutes can result in oxygen deprivation and permanent brain damage.
Medical negligence occurs when providers delay making the decision to perform a cesarean section. They may fail to communicate urgency to the surgical team or take excessive time preparing for surgery. These delays directly cause preventable birth injuries. If your child suffered harm due to delayed cesarean delivery, contact our birth injury attorneys for a free consultation.
Improper Use of Delivery Instruments
Forceps and vacuum extractors are tools used to assist vaginal delivery when complications arise. However, trained healthcare providers must use these instruments correctly. Improper application, excessive pulling, or use when contraindicated can cause brachial plexus injuries, skull fractures, and brain damage.
Medical negligence includes using these instruments without proper training, applying them incorrectly, or continuing to use them when they are not working effectively. Modern obstetrics recognizes that when instruments fail, prompt cesarean delivery is the appropriate response. The American Academy of Pediatrics (AAP) provides guidelines on safe delivery practices.
Medication Errors and Inadequate Care
Medication errors during pregnancy and labor cause preventable injuries. Pitocin, used to induce or augment labor, requires careful monitoring and appropriate dosing. Excessive Pitocin can cause uterine rupture, placental abruption, and fetal distress. Anesthesia errors, inadequate prenatal care, and failure to manage maternal conditions like gestational diabetes or preeclampsia also constitute medical negligence.
How Farris, Riley & Pitt, LLP Helps Birth Injury Families
Farris, Riley & Pitt, LLP brings decades of experience handling complex birth injury cases. Our approach begins with a thorough investigation, including review of medical records, consultation with medical experts, and analysis of whether the healthcare provider’s actions fell below the standard of care.
We work with obstetric specialists, neonatologists, and other medical experts who review the case and provide opinions on whether negligence occurred and caused the injury. This expert analysis is essential to proving your claim and demonstrating the full extent of your child’s injuries and future needs. Our medical malpractice attorneys have successfully recovered millions for injured families.
Our firm holds hospitals and medical professionals accountable for negligence. We understand that birth injury cases are emotionally challenging and financially demanding. That’s why we handle these cases on a contingency fee basis—you pay nothing unless we recover compensation for your family. Learn more about our case results and settlements.
Compensation Available in Birth Injury Cases
Birth injury cases can result in substantial compensation to cover the costs of your child’s care and your family’s losses. We pursue the following types of damages:
Medical Expenses
Medical expenses represent a significant portion of birth injury damages. This includes costs of emergency care, hospitalization, surgeries, diagnostic testing, and initial treatment. For conditions like cerebral palsy or HIE, ongoing medical care continues throughout the child’s life. Our birth injury lawyers calculate all past and future medical costs.
Future Medical Care and Therapy Costs
Future medical care and therapy costs are substantial in birth injury cases. Physical therapy, occupational therapy, speech therapy, and specialized medical care may continue for years or a lifetime. We calculate these future costs based on your child’s specific injuries and prognosis. This is where our experienced legal team makes a significant difference in your recovery.
Pain and Suffering
Pain and suffering damages compensate your child for the physical pain and emotional suffering caused by the injury. Your family also recovers damages for the emotional distress, loss of enjoyment of life, and the burden of caring for a child with a serious injury.
Loss of Earning Capacity
Loss of earning capacity recognizes that a child with a serious birth injury may be unable to work or earn income as an adult. We calculate these damages based on the child’s age, the severity of the injury, and earning potential.
Wrongful Death
In cases where a birth injury results in wrongful death, the family recovers damages for funeral expenses, loss of companionship, and the economic value of the child’s life. Our wrongful death attorneys understand the profound loss families experience.
Frequently Asked Questions
What is the statute of limitations for birth injury claims in Alabama?
In Alabama, the statute of limitations for birth injury claims is governed by Alabama Code § 6-5-482 (Medical Liability Act). The specific deadline depends on the child’s age at the time of injury:
- For children injured before age 4: Claims must be filed by the child’s 8th birthday (the “Rule of Eight”)
- For children injured at age 4 or older: Claims must be filed within 2 years from the date of injury or discovery
- Absolute deadline: No claims can be filed more than 4 years from the date of malpractice (statute of repose)
These deadlines are strict and cannot be extended. Time is critical. Contact our office immediately if your child suffered a birth injury to ensure your claim is filed within the applicable deadline.
How do you prove medical negligence in a birth injury case?
Proving medical negligence requires establishing four elements: (1) the healthcare provider owed a duty of care to the mother and baby, (2) the provider breached that duty by failing to follow the standard of care, (3) the breach caused the birth injury, and (4) the injury resulted in damages. Medical expert testimony is essential to establish what the standard of care required and whether the provider’s actions fell below that standard.
What damages can we recover?
Damages in birth injury cases include medical expenses (past and future), ongoing care and therapy costs, pain and suffering, loss of earning capacity, and in wrongful death cases, funeral expenses and loss of companionship. The specific damages depend on the nature and severity of the injury. Our results page shows examples of compensation we’ve recovered.
How long does a birth injury case take?
Birth injury cases vary in length depending on complexity, the willingness of parties to settle, and whether litigation is necessary. Some cases settle within months, while others may take several years if a trial is required. Our firm will keep you informed throughout the process.
Do we have to go to trial?
Many birth injury cases settle before trial through negotiation with the defendant’s insurance company or legal representatives. However, if a fair settlement cannot be reached, we are prepared to take your case to trial and present your claim to a jury.
What if the hospital claims the injury was unavoidable?
Hospitals and their insurers often argue that birth injuries are unavoidable complications of delivery. Our medical experts analyze the medical records and determine whether the injury was truly unavoidable or whether negligence caused it. We build a strong case to counter these arguments and prove liability.
Contact Farris, Riley & Pitt, LLP for Your Free Case Review
If your child suffered a birth injury in Birmingham, Alabama, contact Farris, Riley & Pitt, LLP today for a free case review. Our birth injury lawyers will evaluate your case, answer your questions, and explain your legal options. We handle these cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family.
Time is critical in birth injury cases due to the statute of limitations. Contact us today to protect your family’s rights and pursue the compensation your child deserves. Call (205) 324-1212 to speak with our team.
