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Boca Raton Personal Injury Lawyer > Blog > Medical Malpractice > Pursuing a Claim for Birth Injuries

Pursuing a Claim for Birth Injuries


Bringing a child into a family is a time filled with joy and hope, but when a birth doesn’t go as planned injuries to the mother or the baby are sustained, the experience can be incredibly stressful and upsetting. If you find yourself unsure where to turn after being involved in one of these situations, know that you’re not alone and there are support systems available.

To discuss the possibility of a birth injury claim, connect with a Boca Raton medical malpractice lawyer. Your family’s well-being and future deserve the best possible advocacy, and a skilled attorney has the background and experience to fight for your family’s rights.

Different Types of Birth Injuries

Birth injuries is a term typically used to refer to injuries that occur to a newborn before, during, or shortly after birth. These injuries can happen in a range of ways and can be mild or severe. Some have life-long consequences for the child and the family.

Examples of birth injuries include:

  • Cerebral palsy. A neurological disorder, cerebral palsy is caused by brain damage which can occur during or shortly after birth. Motor skill impairment, muscle weakness, and cognitive challenges are all possible.
  • Brachial plexus injury. When the network of nerves controlling the arm is damaged during birth, brachial plexus injury could be diagnosed. This often occurs due to shoulder dystocia or improper handling during the birth process.
  • Erb’s palsy. A subset of brachial plexus injuries, this particular diagnosis affects the upper arm’s movement and strength.
  • Bone fractures. Births that are particularly difficult or traumatic can lead to bone fractures during delivery.
  • Facial nerve injury. Should forceps or other delivery instruments be improperly used, there can be damage to facial nerves. For some this leads to temporary facial paralysis, and for others the impacts are permanent.
  • Hypoxic-ischemic encephalopathy. A type of brain damage, this can occur when the baby’s brain doesn’t not have access to enough oxygen and blood. This can happen when there are complications during labor and delivery.

Any birth injury is emotional for a family, but it’s essential to know there are legal professionals who work to protect your child’s future and well-being.

Establishing Negligence and Seeking Justice

To have a strong claim, you need to establish that the birth injury was caused by negligence. This will involve proving that the medical professionals who were attending to the birth failed to provide an acceptable standard of care. Fortifying your case requires gathering medical records, expert opinions, and other evidence to support your right to damages.

Seasoned Boca Raton medical malpractice lawyers understand that pursuing a birth injury claim is not just about financial compensation. They will work to  hold all negligent parties accountable and seek justice.

Do you need legal guidance because a birth experience did not go as planned? An attorney can guide you through the legal process, provide expert advice, and ensure your child’s best interests are at the forefront of your pursuit for justice. Talk to the seasoned attorneys at Leifer & Ramirez. Book your consultation today, call 561-660-9421.

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