Do You Need a Birth Injury Lawyer?

Statistics show that birth defects affect 1 in every 33 babies born each year in the US. Birth defects are also the leading cause of infant deaths, causing 20% of these deaths.

If you have recently given birth, you may have experienced complications. If that is the case, you may want to hire a birth injury lawyer to represent you.

This is the kind of lawyer that helps you get compensation for damages. This guide will help you understand in what instances you may need a birth injury lawyer.

Keep reading to find out if you have a birth injury case.

Medical Negligence

A birth injury lawyer is very useful if you believe you have a case. They conduct research and gather documentation to help you get financial compensation.

There are many instances where your case may fall under a birth defect law. In this instance, you could hold the hospital accountable for damages.

An example of a birth injury is medical negligence. This could include negligence and malpractice from the hospital and medical staff.

Some instances could include using excessive force on the baby during the birthing process. This can result in physical injuries and defects.

Medical staff may have incorrectly used tools during childbirth that caused harm. Or they may have neglected to monitor the baby and mother, putting them at risk.

There are many instances where negligence and malpractice may apply. These kinds of cases allow you to get compensation as well as hold the hospital accountable.

Brain Injuries

Getting injured during childbirth is not as uncommon as people think. These injuries can happen to the mother as well as the infant.

You may have a birth injury case if your child has a brain injury or brain damage. The staff may have injured the child’s head or performed in an incorrect way.

A common form of brain injury is cerebral palsy. There is no cure for a condition like this, and you want to hold the hospital accountable.


Childbirth is still a complicated process, even with so much medical knowledge. Because of this, there is still a huge risk for babies to develop disabilities.

A lot of these disabilities can come from issues during childbirth. For instance, the child may have sustained a head injury or didn’t get enough oxygen.

These are instances where there are many preventative measures. Because of this, you may be able to hold the hospital and hospital staff accountable.

Disabilities can result in learning difficulties, vision impairment, and hearing loss. Many birth disabilities are lifelong and have no real treatment.

Birth Trauma

There are other instances where you may want to hire a birth injury lawyer. One example of this is birth trauma.

A traumatic birth usually refers to birthing injuries. For instance, the medical staff may have been too forceful, causing an injury to you or the child.

Or the hospital was not equipped with the right equipment for your medical situation. These instances can result in lacerations and bone fractures to you or the child.

Not only is birth trauma difficult, but you will have to recover after the fact. Birth trauma also leaves emotional trauma that can be very difficult to work through.

Because of this, you may receive compensation for physical and emotional damages.

Nerve Damage

A baby is in a very vulnerable position during birth. There are many instances where the baby could experience nerve damage during birth.

Unnecessary force may have been used, or the baby wasn’t repositioned correctly. All of these things can cause nerve damage that has a massive impact.

Babies may lose sensation or experience spinal cord injuries. Nerve damage can impact the shoulders, arms, hands, and other areas of the body.

These kinds of injuries often require surgery, therapy, and other extensive medical interventions.

Why Hire a Birth Injury Lawyer?

When you give birth, you are putting a lot of trust in the hospital. You are trusting the doctors and nurses to do what they need to do to keep you and your baby safe.

The harsh reality is that there are a lot of things that can go wrong. Hospitals may not be properly equipped, or the staff may not behave appropriately.

If this is the case, you have every right to bring a case to court. Not only is it important to hold people accountable, but it also allows you to get compensation.

A birth injury lawyer can help you determine if you have a good claim. If you do, they can gather documents and evidence to showcase where the hospital went wrong.

They can negotiate with the hospital and take it to court if necessary. Your lawyer is your defense and will represent your case in front of the judge and jury.

A lawyer can help you receive compensation to cover medical bills, including those regarding emotional trauma and other after-effects of a traumatic birth.

Birth Injury: Why You May Have a Case

Giving birth comes with a variety of risks for you and your child. If you experienced a birth injury, you may have a case where you can receive compensation.

Some instances of this include negligence from hospital staff that could lead to physical injuries. Or your child may have sustained nerve damage if the staff member was rough.

Do you believe you have a birth injury case you can take to court? Contact us today at Arturo Martinez Law to get started on your injury case.