Alabama Birth Injury Malpractice Lawyers

The anticipation surrounding the birth of a child is a time of profound hope and expectation for families throughout Alabama. You place your complete trust in doctors, nurses, and hospital staff, believing they have the necessary skills and will provide the diligent care required to bring your child into the world safely. The journey to a healthy delivery is a partnership built on this trust.

When that trust is compromised by a preventable medical error during labor or delivery, the outcome can be devastating. A birth injury caused by medical negligence is not a known risk of childbirth; it is the result of a failure to provide an acceptable standard of care.

What Is a Birth Injury?

It is important to make a distinction between a birth injury and a birth defect.

• Birth Defect: A birth defect is a health condition that develops while the baby is still in the womb. These conditions are often caused by genetic or environmental factors and are typically not the result of medical error during the birthing process.
• Birth Injury: A birth injury, or birth trauma, refers to damage or injury that the infant sustains during labor or delivery. While some minor injuries are temporary and unavoidable, many severe and life-altering injuries are preventable and occur because a healthcare provider’s actions fall below the accepted standard of care.

When a preventable mistake leads to harm, it may be considered medical malpractice. This means the healthcare provider—be it a doctor, anesthesiologist, or nurse—acted negligently, and that negligence directly caused the child’s injury.

Common Types of Preventable Birth Injuries

Birth injuries can range from mild and temporary to severe and permanent. Many of these serious injuries could have been avoided with proper medical attention and timely intervention. Some of the most common types of birth injuries resulting from malpractice include:

• Cerebral Palsy: A group of disorders affecting movement, muscle tone, and posture. It is often caused by a lack of oxygen to the brain (hypoxia or anoxia) or trauma during birth.
• Brachial Plexus Injuries (Erb’s Palsy): This is damage to the network of nerves that controls the arm and hand. It often happens when the baby’s shoulders become stuck during delivery (shoulder dystocia), and the doctor applies excessive force to pull the baby out.
• Hypoxic-Ischemic Encephalopathy (HIE): This is a type of brain damage that occurs when the baby’s brain does not receive enough oxygen or blood flow for a period of time. It can lead to developmental delays, cognitive impairments, and cerebral palsy.
• Spinal Cord Injuries: Improper use of forceps or excessive twisting and pulling can cause damage to the infant’s delicate spinal cord, potentially leading to paralysis and other neurological problems.
• Cephalohematoma: This involves bleeding between the skull bone and its fibrous covering. While many cases resolve on their own, large hematomas can increase the risk of jaundice and other complications.
• Facial Paralysis: Excessive pressure on the baby’s face during labor or from the use of forceps can damage facial nerves, leading to an inability to move muscles on one side of the face.
• Fractures: Improper use of delivery tools or excessive force can lead to fractures of the clavicle (collarbone), skull, or other bones.
• Caput Succedaneum: Swelling of the infant’s scalp, often caused by pressure from the cervix or vacuum extraction. While typically temporary, severe cases can indicate more serious trauma.

What Medical Errors Can Lead to a Birth Injury?

A birth injury is rarely an unpredictable event. More often, it is the final result in a chain of errors where healthcare providers failed to recognize warning signs or respond appropriately. These failures can happen before, during, or immediately after delivery.

Common contributing factors include:

• Failure to Monitor Fetal Distress: Not recognizing or responding to signs of fetal distress, such as changes in the baby’s heart rate, is a leading cause of birth injuries. This can indicate the baby is not getting enough oxygen.
• Delayed or Improperly Performed C-Section: When signs of fetal distress are present or labor is not progressing, a timely Cesarean section can be a life-saving procedure. Unreasonable delays can lead to brain damage or death.
• Improper Use of Delivery Instruments: The misuse of forceps or a vacuum extractor can exert too much force on the baby’s head, neck, or shoulders, causing nerve damage, skull fractures, and bleeding.
• Mishandling of Shoulder Dystocia: This occurs when the baby’s shoulder gets caught behind the mother’s pelvic bone. There are specific maneuvers to safely deliver the baby in this situation, and failure to perform them correctly can cause brachial plexus injuries.
• Anesthesia Errors: Mistakes in administering an epidural or other anesthesia can harm both the mother and the baby.
• Medication Errors: Giving the wrong medication or an incorrect dosage of a labor-inducing drug like Pitocin can cause overly strong contractions, putting the baby under stress and reducing oxygen supply.
• Failure to Manage Infections: Not diagnosing or treating infections in the mother, such as Group B strep, can lead to serious conditions like meningitis or sepsis in the newborn.
• Failure to Address Prolapsed Umbilical Cord: This emergency situation occurs when the umbilical cord drops into the birth canal ahead of the baby and becomes compressed, cutting off oxygen. Failure to act immediately can have catastrophic results.

How Is Negligence Proven in an Alabama Birth Injury Case?

Pursuing a medical malpractice claim for a birth injury in Alabama requires proving several specific legal elements. The responsibility to prove these elements lies with the injured party (the plaintiff).

• A Duty of Care Existed: It must be shown that a formal doctor-patient relationship existed. This establishes the healthcare provider’s legal duty to provide care that meets the accepted professional standard. This is almost always clear in a hospital delivery setting.
• The Standard of Care Was Breached: This is the core of the case. We must demonstrate that the healthcare provider’s actions (or lack of action) fell below the standard of care. In Alabama, the standard of care is the level of skill and care that a reasonably competent healthcare provider in the same field would have used under similar circumstances. Proving this requires testimony from qualified medical professionals who can explain the proper medical procedures and how the defendant deviated from them.
• The Breach Caused the Injury: It is not enough to show an error occurred. It must be proven that the provider’s specific failure to meet the standard of care was the direct cause of the child’s injury. This link, known as causation, must be clearly established.
• The Injury Resulted in Damages: The child must have suffered actual harm because of the negligence. These damages include the physical, emotional, and financial costs associated with the injury, such as medical bills, ongoing therapy, permanent disability, and pain and suffering.

Who Can Be Held Responsible for a Birth Injury?

Determining liability is a key part of the investigation. It may not be limited to a single individual. Depending on the circumstances, several parties could be held responsible, including:

• The Obstetrician (OB-GYN): The primary physician overseeing the pregnancy and delivery is often a central figure.
• Nurses: Labor and delivery nurses are responsible for monitoring the mother and baby and alerting the doctor to any problems.
• Anesthesiologists: Anesthesia providers are responsible for safely administering medication and monitoring vital signs.
• Other Physicians: Any other doctor involved in the delivery process could share liability.
• The Hospital or Birthing Center: The facility itself can be held liable for its employees’ negligence, as well as for systemic failures like understaffing, inadequate training protocols, or malfunctioning equipment.

What Is the Time Limit for Filing a Birth Injury Claim in Alabama?

Alabama has a strict statute of limitations for filing medical malpractice lawsuits. Generally, a claim must be filed within two years of the date the malpractice occurred. However, the law provides special considerations for minors.

For children, the statute of limitations may be extended, allowing a lawsuit to be filed until the child reaches a certain age. These rules are complex and have specific exceptions. It is very important to speak with a knowledgeable attorney as soon as you suspect an injury occurred to protect your child’s legal rights. Delaying can result in losing the ability to seek compensation forever.

Compensation for the Lifelong Costs of a Birth Injury

A serious birth injury is not a one-time event; it has lifelong consequences. The financial costs for medical treatment, assistive devices, and round-the-clock care can be overwhelming for any family. A birth injury lawsuit aims to secure the resources needed to provide for the child’s needs for their entire life.

Compensation, also known as damages, can cover:

• Medical Expenses: This includes all past, current, and future medical bills, such as costs for surgeries, hospital stays, doctor visits, and medication.
• Rehabilitation and Therapy: Costs for physical, occupational, and speech therapy that may be required for years.
• Assistive Devices and Home Modifications: The cost of wheelchairs, braces, communication devices, and modifications to the family home and vehicles to accommodate the child’s disability.
• Long-Term and In-Home Care: The expense of hiring skilled nursing care or other assistance.
• Lost Future Earning Capacity: Compensation for the income the child will be unable to earn as an adult due to their injuries.
• Pain and Suffering: Damages for the physical pain and emotional distress the child has endured and will continue to endure.
• Loss of Enjoyment of Life: Compensation for the child’s inability to participate in and enjoy life’s activities.

Contact an Alabama Birth Injury Lawyer Today

If your child suffered a serious injury during birth and you suspect it was due to a medical mistake, you do not have to find the answers on your own. At the Law Office of J. Allan Brown, L.L.C., we are committed to helping families affected by birth trauma seek the justice and resources they need to move forward. We will listen to your story, conduct a meticulous investigation into the medical care you and your child received, and provide you with an honest assessment of your legal options.

Let us help you take the first step toward securing your child’s future. Contact our office today at 251-473-6691 for a no-cost, confidential consultation to discuss your case.