Preventable Birth Injuries And Your Legal Options

If your child was deprived of oxygen during labor and delivery or experienced trauma during the birthing process, there is a good chance a birth injury occurred. Birth injuries can cause lasting harm to a baby. The law says that medical providers may be held responsible for birth injuries that result from their negligence.

At The Abelson Personal Injury Law Firm, our Washington DC birth injury lawyer have represented families affected by labor and delivery mistakes for more than 35 years. We can put our legal knowledge to work to help you obtain compensation for your child’s birth injuries.

Call us or fill out our online contact form today to get your case started with a free consultation. We can answer questions such as:

  • How do I know if my doctor or another medical provider caused my child’s birth injury?
  • Who may be legally responsible for a negligent birth injury?
  • What are my legal options to obtain birth injury compensation?

Signs a Medical Provider’s Negligence May Have Caused a Birth Injury

Healthcare professionals have a duty to provide quality care to patients during pregnancy, labor and delivery. If a doctor, nurse or other care provider fails to live up to this obligation, a negligent birth injury could result.

It can be difficult to determine if poor care caused your child’s birth injury. However, certain signs may indicate mistakes during delivery that could result in birth injury. Examples include:

  • An emergency Caesarean section.
  • Signs of fetal distress, such as a dropping heart rate or decreasing oxygen levels.
  • A failure to monitor the infant or mother during labor.
  • An extended or prolonged delivery.
  • The baby becoming lodged in the birth canal.
  • Excessive dosages of the labor-inducing drug Pitocin.
  • The removal of the baby using a vacuum or forceps.
  • A full-term child being placed in the neonatal intensive care unit.
  • A baby being born with broken bones or being born blue.

These are all indicators that your child may have been the victim of a birth injury caused by medical negligence or medical malpractice. If your child shows difficulty moving his or her arms, is diagnosed with developmental delays within the first years of life, fails to meet normal developmental milestones or is diagnosed with cerebral palsy before age two, these are also red flags that suggest a birth injury may have resulted from labor and delivery errors.

The question of whether a birth injury was caused by a care provider is often highly technical. In most cases, experts will need to assess whether a care provider negligently injured your child.

Contacting a lawyer is a smart choice if you suspect that your child suffered a preventable birth injury. An attorney at The Abelson Personal Injury Law Firm, can assist in obtaining medical records and finding a qualified professional to review them and testify on your behalf.

Legal Responsibility for Birth Injuries

Any care provider who broke an obligation to you or your child may be held responsible for a birth injury caused by negligence. This may include a doctor who provided care during pregnancy, the doctor and nurses who assisted with delivery and the hospital or clinic where the delivery occurred.

Care providers may be held responsible based on their own negligence. Hospitals or clinics may be held liable not just for their own negligence regarding policies or procedures, but also based on the acts of their employees. If a doctor, nurse or other staff member makes a negligent mistake on the job, this may be legally equivalent to the hospital making the error.

It is up to you to prove negligence to obtain birth injury compensation. Speak with an attorney for help in gathering proof the care provider should be held responsible for your child’s birth injury.

Legal Options for Birth Injury Compensation

You may be entitled to compensation for a birth injury by pursuing a personal injury claim in court. You may also settle your case out of court, which will likely mean negotiating with the doctor’s malpractice insurance carrier.

A settlement is final once you sign the papers, so be sure to have an attorney look over any documents from the insurer or defendant before you sign. You may reach a settlement at any point up to when a jury returns a verdict. Don’t hesitate to file a lawsuit even as settlement negotiations are ongoing. Failure to file within the statute of limitations could bar your claim.

Whether your case settles out of court or is decided by a jury, you may receive compensation for:

  • Medical costs.
  • Physical and cognitive therapy.
  • Adaptive devices.
  • Lost income.
  • Pain and suffering.
  • Emotional distress.
  • Other related losses.

The money obtained in a lawsuit or birth injury settlement may allow you to provide the adaptive devices and medical care your child may require for life.

To have the best chance of receiving full and fair compensation so you can care for your child, speak with a birth injury lawyer at The Abelson Personal Injury Law Firm, as soon as possible. Contact us online or by phone now for a free consultation.

While some birth injuries may be unpreventable, some birth injuries may be the result of doctor’s medical mistake or a hospital error. The hospital error may be made not only be a doctor, but by a nurse, a technician, or other healthcare provider. If your baby has suffered a birth injury, you may wonder how to proceed. As a new parent, consumed with both the wonder of your new baby and worry about his or her future, it can be difficult to determine whether or not this injury was caused by medical malpractice. However, you owe it to yourself and your baby to find out exactly what happened.

Attorney Michael A Abelson is an advocate for you. Contact The Abelson Personal Injury Law Firm, online for a free consultation. As Attorney Michael A. Abelson represents you and your injured child, he will work tirelessly to build a successful claim on your behalf, obtaining medical records, reviewing documents and consulting with experts.

Attorney Michael A. Abelson has more than 35 years experience handling birth injury cases in Maryland, Massachusetts, Pennsylvania and the District of Columbia. He has obtained favorable verdicts and settlements in both personal injury and medical malpractice cases, including cases where doctors and other health care providers committed medical malpractice.

The expenses of raising a baby with a birth injury can be overwhelming. You and your baby may be facing years of therapy, rehabilitation and medical treatment. Depending on your situation, you may also be facing a loss of income if one parent needs to take care of the child full-time.

If your child’s injury was the result of medical malpractice, you may be entitled to financial compensation. Doctors and hospitals are almost always covered by medical malpractice insurance, which is intended to provide financial compensation in cases like yours.

Birth injury cases are complicated, and you may feel intimidated by the process. The medical malpractice insurance company will most likely fight your claim using seasoned lawyer skilled in defense tactics.

If your child has suffered a birth injury that could have been prevented by reasonable standards of medical care, you need The Abelson Personal Injury Law Firm, on your side. Contact us online today for a free consultation.


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A confidential settlement was achieved during trial against two pediatricians, arising from an injured newborn.

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If you find that you are in need of a personal injury lawyer, I HIGHLY recommend Attorney Michael Abelson. I suffered a permanent disabling injury in a car accident. Mr. Abelson worked hard on my case and prepared carefully for trial. He guided me every step along the way. His diligent preparation led to a settlement agreement that greatly exceeded my expectation. Date published: 09/07/2018
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