A birth injury lawyer plays a critical role when medical professionals fail to follow the standard of care during pregnancy, labor, or delivery. Families across America turn to Munley Law because our board-certified attorneys have more than 250 years of combined experience handling complex medical malpractice cases involving newborns who suffered preventable harm. Our award-winning team includes a partner who has been named Lawyer of the Year for Medical Malpractice and another recognized among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania, giving our clients the benefit of nationally respected leaders in this highly technical field.
Since 1959, we have secured dozens of multimillion-dollar personal injury results for families, including medical malpractice recoveries of $5 million, $4.35 million, $3.5 million, and $3.2 million. These results reflect the experience, resources, and aggressive advocacy we bring to every birth injury claim. We front all case costs, work closely with medical experts to prove how the provider’s actions caused the injury, and build strong cases designed to protect your child’s long-term needs.
At Munley Law, we fight for the injured children and their families who have suffered due to a birth injury. Let our personal injury attorneys help you get the financial compensation you need for your baby.
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What is a Birth Injury?
According to the National Library of Medicine, a birth injury is any damage to the newborn’s body due to an adverse event that occurred at birth. Birth injuries can occur at any point in the birthing process or during pregnancy. A birth injury is different from a birth defect, which is a congenital disorder that occurs during the baby’s development in the womb.
Birth injuries remain a significant contributor to infant mortality in the United States. They account for 20% of the 20,000 infant deaths recorded each year, highlighting how serious delivery-related harm can be for families.
Types of Birth Injuries Caused by Medical Negligence
Sometimes, a birth injury is simply an accident that no one could have prevented. However, in many cases, birth injuries are a result of medical negligence or a medical error in the delivery room. Common birth injuries that result from inadequate medical care include the following.
Cerebral Palsy
Cerebral palsy is the most common motor development disability impacting children. While cerebral palsy can occur as a result of improper development in utero, some children develop the condition after experiencing brain damage during labor and delivery.
Most children who are diagnosed with cerebral palsy are later diagnosed with a co-occurring condition such as epilepsy.
Erb’s Palsy
Erb’s palsy is a type of brachial plexus palsy, a nerve condition of the shoulder and arm, resulting in weakness and loss of muscle function.
Brachial plexus injuries often occur during a difficult delivery where the baby’s shoulders get stuck in the birth canal, leading to injury.
Erb’s palsy is more common than many families realize, occurring in 0.9 to 2.6 of every 1,000 live births, or nearly 12,000 newborns each year. It most often happens during difficult deliveries involving larger babies, where excessive traction is applied to free the shoulders.
Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy, or HIE, is a brain injury that results from a lack of oxygen or blood flow before, during, or shortly after birth. HIE is also known as asphyxia. It is estimated that 80% to 90% of HIE cases are not preventable, but for those that involve complex labor and delivery where fetal distress was not taken care of or monitored, families may have a birth injury claim.
HIE affects an estimated 1 to 6 of every 1,000 births, which translates to roughly 9,000 to 12,000 newborns diagnosed each year in the United States. Because of the sudden and severe nature of oxygen deprivation, these cases often require immediate and long-term medical care.
Spinal Cord Injuries
Often, a spinal cord injury sustained during birth is a result of a medical mistake during delivery. Commonly, this can be due to the umbilical cord being compressed, causing nerve damage and injuries.
Spinal cord injuries may also result from assistive devices such as a vacuum extractor or forceps, which can cause series injury when used improperly.
Lastly, if a doctor does not diagnose spina bifida during pregnancy and medical treatment is not given shortly after birth, or the delivery process becomes challenging due to spina bifida, a serious or fatal injury may occur.
Fractures
When a baby is in a breech position for delivery or is bigger than average and becomes stuck, a fracture of the clavicle or collarbone can occur. This may be diagnosed when the medical team or parents realize the baby does not move the arm on the side of the break often.
Contact a Birth Injury Lawyer at Munley Law
Call Us At 844-686-5397 What Are the Most Common Causes of Birth Injuries?
We often think that birth injuries only occur at birth. However, they can occur at any time during prenatal care, during delivery, or shortly after birth.
Failure to Monitor
When a medical provider fails to monitor the mother and child throughout pregnancy, a medical malpractice claim may be utilized to recover financial losses. Typically, a failure to monitor claims results from healthcare providers failing to keep track of the vitals of the mother and child during labor and delivery.
This includes recording the baby’s heart rate, recognizing the signs of fetal distress, and monitoring the mother’s blood pressure. It can also include failing to take appropriate action in response to complications during labor or concerning test results.
When a standard of care is not followed, and the mother and child are not taken care of during the delivery process, the child may suffer from birth injuries such as developmental delays and brain damage from lack of oxygen, cerebral palsy, and hypoxic-ischemic encephalopathy.
Medication Error
Many medications have been deemed unsafe for use by pregnant women. Unfortunately, healthcare providers may still prescribe or fail to prescribe a drug, leading to catastrophe.
Common medication errors causing birth injuries include:
- A medical provider prescribing a drug during pregnancy that harms the baby.
- The wrong dosage of a medication was prescribed during pregnancy.
- A woman receiving medications improperly during labor and delivery.
Trauma During Delivery
Unfortunately, there are situations where birth trauma cannot be avoided. This may include situations where the baby is too large and becomes “stuck” during delivery or maternal illness, causing complications during birth.
However, when there is trauma during delivery that causes the baby to suffer a medical condition, something must be done. Trauma during delivery includes improper use of extractors during delivery or botched forceps delivery, utilizing assistive devices too late, not having a timely C-section, etc.
How a Birth Injury Law Firm Can Help with Your Case
We count on medical experts to care for us during some of the lowest times in our lives. But we also hope to have them by our sides during our highest times, like the birth of a child. When preventable injuries occur due to medical negligence, causing your child to have a shortened or diminished quality of life, you need a legal team by your side.
The personal injury lawyers of Munley Law have handled some of the most complex cases in birth injury litigation and will use our experience to hold those negligent parties accountable.
We will prove that negligent healthcare providers caused your child harm by showing that:
- There was a patient-doctor relationship
- The doctor owed a duty of care
- That duty was breached
- The breach of duty resulted in birth injury(s)
- The birth injury caused specific damages
Further, we will work tirelessly to meet the statute of limitations for medical malpractice lawsuits. By missing the deadline, which can range between two to three years, you risk not having the compensation you need for medical costs. However, if you decide to wait until your child is of age to file a claim, you have until they are 20 years old.
We also connect with expert witnesses to support your evidence and build a strong case. This expert testimony can make all the difference in your case.
Meeting with an experienced birth injury lawyer lets you learn how to secure maximum compensation for your child.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
Why Choose Munley Law’s Birth Injury Lawyers?
Choosing the right birth injury lawyer can make all the difference for your child’s future, especially when you are facing the consequences of medical negligence. At Munley Law, our team has spent more than seven decades advocating for families whose lives were changed by preventable errors during pregnancy, labor, and delivery. With over $1 billion recovered in settlements and verdicts for personal injury clients across the United States, our firm brings the experience, resources, and persistence required to take on complex medical malpractice cases.
Our attorneys are nationally recognized for excellence in medical malpractice litigation. Marion Munley has been named Lawyer of the Year in Medical Malpractice Law, as well as in Personal Injury Litigation and Product Liability Litigation by Best Lawyers. Caroline Munley is listed among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania and is also recognized among the Top 25 Women Trial Lawyers in the state by the National Trial Lawyers Association. Both Marion and Caroline are Fellows of the International Society of Barristers and the Litigation Counsel of America, an invitation-only honor society representing less than one-half of 1% of American lawyers.
Every partner at the firm holds an AV Preeminent Rating from Martindale-Hubbell, the highest rating available for professional excellence and ethical standards, with Daniel Munley having earned the Platinum Client Champion Award, and Caroline Munley receiving the Silver Client Champion Award for outstanding client service.
Munley Law’s leadership is further reflected in Marion Munley’s ranking among the Top 10 Super Lawyers in Pennsylvania, with Daniel Munley joining her on the Top 100 list. All five partners are also named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list, placing them among the most respected personal injury attorneys in the country.
With this depth of recognition, expertise, and courtroom success, Munley Law offers families a trusted advocate who understands the medical and legal complexities of birth injury cases. Our team fights tirelessly to uncover the truth, hold negligent healthcare providers accountable, and secure the compensation your child needs for lifelong support.
How Much Compensation Am I Entitled To for a Birth Injury?
Factors like the severity of your child’s injuries and the types of injuries sustained, long-term health needs, and maternal death following delivery can all impact the amount of compensation you may be entitled to for a birth injury.
The following are common damages you may recover.
Medical Expenses
In some cases, your insurance company may only cover some costs for your child’s birth injury or extended stay in a neonatal intensive care unit (NICU). Even if there is coverage, that is only after out-of-pocket expenses and deductibles are met.
With the help of an experienced attorney, you may be able to recover compensation for medical expenses related to the pregnancy, labor, and delivery, depending on when the injury occurred.
Further, you may get compensation for the child’s ongoing and further medical needs.
Therapy
If the injury during birth caused your child nerve damage, permanent disability, and/or chronic pain, physical and occupational therapy may be required for their care. However, these therapies can be expensive, and sometimes insurance companies only cover treatment for so long or for only a certain number of visits.
Your personal injury attorneys can help you get the money you need to send your child to therapy for their entire life if medically necessary.
Adaptive Equipment
Some lifelong disabilities require adaptive equipment to be mobile and complete tasks we take advantage of daily. Walkers and wheelchairs, eating aids, and home modifications can cost thousands of dollars—none of which you should have to pay because of negligent medical staff.
Pain and Suffering
Severe injuries from birth trauma are not just physically taxing; they can be emotionally trying, too. The emotional distress can be a burden to the family and child alike, all of which can be compensated with the right legal team.
Money can’t change a doctor’s negligent actions, but it can help you move forward with life without financial stressors.
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Frequently Asked Questions About Birth Injuries
When Should I Contact a Birth Injury Lawyer?
If you suspect that something went wrong during the birth process that should not have occurred or could have been prevented, or that your child did not receive proper care after delivery, resulting in catastrophic injuries, you should contact a lawyer.
Evidence will disappear quickly, and doctors’ and hospitals’ medical malpractice insurance companies will look for ways to minimize the payout they are responsible for. To avoid this, contact an experienced lawyer who can begin the legal process right away.
What’s the Difference Between a Birth Defect and a Birth Injury?
Many people use birth defect and birth injury interchangeably, but the reality is that they are two separate things. The main difference between the two is what causes them.
A birth injury is caused by trauma during the birthing process. A birth defect happens while the child is still in utero. Typically, a birth defect is caused by a genetic or environmental factor, whereas a birth injury is caused by the actions or inactions of medical professionals during the birthing process.
How Much Do Birth Injury Lawyers Cost?
Most birth injury lawyers work on a contingency fee basis. This means there are no upfront costs to you, and you only pay if your case is won. In some cases, filing fees are added to your cost, but your birth trauma lawyers will explain the cost structure.
How Do I Know My Child’s Birth Injury Was Caused By Malpractice or Negligence?
To prove that a child’s birth injury was caused by malpractice or negligence, you must establish that there was a legal duty by the doctors owed to the patient. There must have been a breach of this duty where the medical attention given did not meet the standard of care expected, and as a result, damages were suffered.
If you suspect your child suffered a birth injury at the hands of a negligent medical professional, you should begin documenting everything. Get copies of medical records, talk with others who were present at the delivery, and be sure to keep a detailed record of what went wrong.
Then, call a birth injury lawyer from Munley Law.
How Long Do I Have to File a Birth Injury Lawsuit?
You typically have two years to file a birth injury lawsuit. However, if you wait until your child is no longer a minor to take legal action, the child has until they reach age 18 for the clock on the statute of limitations to begin, meaning until they reach age 20.
Contact Munley Law for a Free Consultation
If your child suffered preventable birth injuries that have left them with lifelong medical complications, you do not have to suffer the financial burden alone. These negligent healthcare professionals need to be held accountable.
At Munley Law, we handle a wide range of complex birth injury cases and will put our experience to the test for you. We’ve secured millions of dollars in settlements and verdicts for our personal injury attorneys, including substantial birth injury settlements.
If your child received a birth injury diagnosis, you need to call Munley Law. Call Munley Law today or connect with us online to meet with a birth injury attorney.
Marion Munley
Marion Munley is recognized for her compassionate representation of catastrophically injured clients and her steadfast dedication to them and their families. Her advocacy has produced numerous multimillion-dollar recoveries, including one of the largest trucking accident settlements on record. Marion is Triple Board Certified by the National Board of Trial Advocacy in Civil Trial, Civil Practice, and Truck Law, and since 2023 has been named one of Pennsylvania’s Top 10 Super Lawyers by Super Lawyers.
