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Birth Injury

Birth Injury LawyerMedical malpractice or medical mistakes made near the time of childbirth can injure the mother, the baby or both.  Babies injured near the time of birth may face life-long physical or mental disabilities.  Sometimes the family of an injured baby thinks that the child’s injury is related to a birth defect, and that the child was going to be born with that injury no matter what anyone did.  But frequently babies are injured by lack of oxygen to the brain during labor and delivery.  This lack of oxygen is usually preventable.  A preventable injury may be medical malpractice.

Injury to Baby

There are various types of injuries that babies can sustain at or near the time of birth due to medical malpractice.  Lack of oxygen to the brain can cause death or brain damage.  Brain damage to a baby may later be diagnosed as Cerebral Palsy.    Another type of birth injury is a brachial plexus injury, frequently called Erb’s Palsy, which results from  excessive pulling on a baby’s head during delivery.  

Injury to Mother

Medical malpractice can also injure laboring mothers during childbirth and women who have just delivered babies.  During labor and delivery, healthcare providers have a responsibility to closely monitor the laboring mother.  In the period after delivery, called the post-partum period, close monitoring is also critical.  Blood disorders, HELLP Syndrome, toxemia or pre-eclampsia are just a few of the risks faced by pregnant women.

Settlements/Verdicts

BRAIN DAMAGED BABY CASE SETTLES FOR $4.9 MILLION SOON AFTER SUIT FILED FOR LABOR MISMANAGEMENT

Martin & Jones filed suit on behalf of a two-year old girl and her family because improper medical care during labor and delivery caused brain damage in the baby.  The mother had delivered her first child by Caesarian section, and the birth plan was for a repeat Caesarian section.

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$7.5 MILLION FOR BABY WHO SUFFERED BRAIN DAMAGE BECAUSE NURSE IGNORED FETAL DISTRESS

After a healthy pregnancy, a young mother went into labor at term.  When she got to the hospital, fetal monitoring indicated that her baby (a little girl) was healthy and doing well.  Two hours later the fetal monitor began to show signs of fetal distress, which meant that the baby was having difficulty obtaining enough oxygen in the womb.

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MEDICAL STUDENTS IMPROPERLY DELIVER BABY CAUSING PERMANENT INJURY TO ARM; CASE SETTLES FOR $800,000

Baby was delivered at a major medical center by medical students. At the time of delivery, these students recognized that the baby's shoulder was stuck (shoulder dystocia) in the birth canal, but continued to try to deliver the baby without performing the appropriate maneuvers to free the shoulder.

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OBSTETRICIANS AND NURSES WHO DID NOT RESUSCITATE GASPING BABY SETTLE FOR $900,000

Mother gave birth at a medical center to a baby that had been previously (wrongly) diagnosed as dead. At birth, the baby was in fact alive and was gasping, but the nurses put it on a table in anticipation of the baby dying.

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LABOR MISMANAGEMENT CAUSES CEREBRAL PALSY & DEATH AT AGE 5; PARENTS RECEIVE $1.2 MILLION SETTLEMENT


After a normal pregnancy, a young mother went into labor with her first child.  The labor was not progressing properly, and nurses notes confirmed that the nurses were worried about the lack of progress with our client's labor.

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MISMANAGED DELIVERY CAUSED CEREBRAL PALSY; CLAIM SETTLES FOR $2.5 MILLION

Our client's child was diagnosed with cerebral palsy after a difficult labor and delivery. The baby's brain damage directly resulted from negligent management of the labor and delivery.

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