The birth of a child should be one of the most joyful moments a family experiences. When something goes wrong during labor and delivery, and a baby is harmed as a result of a medical error, that joy is replaced by fear, grief, and an overwhelming number of unanswered questions. Families in this situation are often told that complications happen, that medicine is imperfect, and that no one is to blame.
That is not always true. Our friends at Mishkind Kulwicki Law Co., L.P.A. discuss birth injury cases with families who later discover that what happened to their child was preventable. A birth injury lawyer can help you understand whether the care provided during labor and delivery met the accepted standard, and what your family’s options may be.
Accepting the Hospital’s Explanation Without Question
In the aftermath of a birth injury, hospital staff may offer explanations that feel authoritative and final. Physicians may describe what happened in clinical terms that are difficult to challenge, particularly when you are exhausted, emotional, and focused entirely on your newborn’s wellbeing.
It is reasonable to listen. It is not reasonable to assume that explanation is complete or accurate. Medical institutions have risk management teams whose role is to protect the facility. Getting an independent review of what happened, including a thorough analysis of the medical records, is the only way to know whether negligence played a role.
Waiting Too Long to Investigate
Birth injury cases are subject to statutes of limitations, and while some states provide extended timeframes for claims involving minors, those windows are not unlimited. Waiting to investigate means evidence becomes harder to obtain, memories fade, and the legal options available to your family may narrow.
Beyond the legal deadline, early investigation matters for practical reasons. Medical records can be amended. Witnesses move on. The sooner a qualified attorney and medical expert review what happened, the stronger your position will be.
Not Securing Complete Medical Records
The medical records from labor, delivery, and the immediate postpartum period are the foundation of any birth injury case. These documents tell the story of every decision that was made and every warning sign that was present. Key records to request include:
- Prenatal care notes and maternal history
- Labor and delivery nursing notes and physician orders
- Fetal heart rate monitoring strips
- Operative reports if a cesarean delivery was performed
- Neonatal records and any NICU documentation
- Incident or occurrence reports filed by the facility
Request a full and complete copy of all records as early as possible. Your attorney can also obtain records through formal legal channels and work with obstetric and neonatal experts to analyze them in detail.
Underestimating the Lifelong Cost of a Birth Injury
This is a mistake that has serious financial consequences for families. Birth injuries such as hypoxic-ischemic encephalopathy, brachial plexus injuries, and cerebral palsy can require a lifetime of medical care, therapy, assistive technology, and supportive services.
According to the Centers for Disease Control and Prevention, the estimated lifetime cost of caring for an individual with cerebral palsy can exceed one million dollars. Accepting an early settlement before the full scope of your child’s needs is understood means your family may be left covering those costs without adequate resources. A fair resolution must account for future care, educational support, lost earning potential, and quality of life.
Talking With the Hospital’s Representatives Alone
Risk management teams and insurance representatives often contact families shortly after a serious birth injury. These conversations may feel supportive, but they serve the institution’s interests, not your child’s. Anything you share about your understanding of what happened, your child’s current condition, or your financial situation can be used to minimize a future claim.
Do not engage with these parties without first consulting an attorney. You have no obligation to speak with them, and doing so without legal guidance puts you at a significant disadvantage.
Overlooking Who May Share Responsibility
Birth injury cases frequently involve more than one responsible party. The delivering physician, nursing staff, anesthesiologists, and the hospital itself may each bear some degree of responsibility depending on what went wrong. Research published through the National Institutes of Health identifies failures in fetal monitoring, delayed intervention, and inadequate communication among care teams as common contributing factors in preventable birth injuries.
Identifying every party whose negligence contributed to your child’s harm is important, both for achieving full accountability and for pursuing every available avenue of compensation.
If your child suffered a birth injury and you have questions about whether it could have been prevented, speaking with an attorney who handles these cases is a meaningful and important step for your family’s future.