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Understanding Birth Injuries

  • 5 days ago
  • 3 min read

Injuried baby bear sleeping in the NICU at the hospital

Up to 80% of moderate-to-severe birth injuries are preventable.  Sit with that for a moment. It means that the overwhelming majority of birth injury cases aren't the result of fate or genetics—they are the result of human error. Not unavoidable tragedies; but breakdowns in care. In many of these moments, the warning signs were there—clear, documented, and urgent—but the response came too late or not at all.



If you believe something may have gone wrong during your baby’s birth, trust that instinct and ask questions. You may have options to help cover the cost of their care and long-term support. Start Your Free Case Review




To understand what may have happened at birth, it helps to know one important distinction: not all birth conditions are caused the same way.

Some conditions are birth defects, which develop during pregnancy and are typically related to how a baby forms in the womb. These may be linked to genetics, environmental exposures (like alcohol or certain medications), or maternal health conditions and infections that form before the labor ever begins. 

Birth injuries are different. They happen just before, during, or shortly after delivery—and are connected to how labor and delivery were managed. In many cases, birth injuries happen because warning signs were missed, critical decisions came too late, or known risks were not properly monitored or treated.




Common Medical Failures Linked to Preventable Birth Injuries


When requesting records, always ask for complete medical records, not visit summaries.

  • Lack of Oxygen (Birth Asphyxia)

    When a baby doesn’t get enough oxygen—even briefly—it can lead to serious, lifelong harm, including a type of brain injury known as HIE (Hypoxic-Ischemic Encephalopathy).

  • Brain Injuries Damage to a baby’s brain can affect movement, learning, and development. In some cases, this leads to lifelong conditions like cerebral palsy (CP).

  • Physical Trauma During Delivery

    Birth should be carefully managed. Injuries can occur during difficult deliveries—especially when a baby becomes stuck (such as in shoulder dystocia) or when delivery tools like forceps or vacuum devices are used improperly. These situations can lead to nerve damage (including brachial plexus injuries, or Erb’s palsy), fractures, or internal bleeding.


  • Failure to Treat Known Conditions

    Some risks during pregnancy and delivery are well understood and require careful monitoring and timely treatment. This includes things like infections, high maternal blood sugar (gestational diabetes), or rising bilirubin levels after birth (jaundice). When these conditions aren’t properly managed, they can lead to serious—and often preventable—complications.




What to Do If Something Doesn’t Feel Right


If you’re reading this and starting to connect the dots, trust that instinct.

Birth injuries aren’t always obvious in the moment. In many cases, it takes time—new diagnoses, missed milestones, or unanswered questions—before families begin to wonder if something could have been handled differently.

You don’t need to have all the answers to take the next step.


Birth injury cases are complex. They often involve detailed medical records, timelines, and decisions made over the course of a pregnancy or in a matter of minutes during delivery. Understanding what happened requires a careful, experienced review—not just a quick opinion.

That’s why many families start with a case review—to get clarity on what actually happened.  Start Here

A case review can help determine whether what happened was unavoidable—or whether there were missed opportunities to prevent harm. It can also help you understand what support may be available to help cover your child’s long-term care.

At Mama Bear Law, we offer free, no-obligation case reviews designed specifically for families navigating these questions.

No pressure. Just a chance to understand what happened.





Real Cases Families Like Yours Are Facing


These are stories from families who were once in the same place you might be now—trying to understand what really happened.

Delayed Intervention (Gadsden, AL): Despite clear signs of fetal distress and a dropping heart rate, medical response was not immediate. This delay led to oxygen deprivation, a cerebral palsy diagnosis, and a tragic loss.

Excessive Physical Force (Glendale, AZ): A delivery turned critical when a baby became stuck. The use of excessive force resulted in a fractured arm and permanent nerve damage that still requires ongoing therapy years later.

Ignored Warning Signs (New York): Early signs of preterm labor were not properly addressed, leading to a premature birth and months of NICU care for a child now facing developmental delays.


If you have even the smallest lingering thought that a mistake caused your child’s injury, trust that instinct. You deserve to ask questions—and a team that is as fiercely protective of your child’s future as you are.

When you’re ready, we’re here to help you understand what happened.


 
 
 

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ATTORNEY ADVERTISING: Mama Bear Law PLLC (“MBL”); mailing: 7901 4th St N., Ste 300, St. Petersburg, FL 33702; email: hello@mamabearlaw.com; phone: 1-844-USE-MAMA. David Roddenberry (licensed in FL only; practices in Fort Lauderdale, FL). MBL lawyers are licensed only in FL, MN, and NY. Principal work is generally performed by locally licensed counsel, either as co-counsel sharing joint responsibility with MBL or as referral counsel, depending on the jurisdiction’s rules. Fees are divided as permitted by applicable rules. Clients may be responsible for litigation costs and expenses (fee calculated before deducting expenses in SC). No claim of specialist certification is made. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. RESULTS MAY VARY DEPENDING ON YOUR PARTICULAR FACTS AND LEGAL CIRCUMSTANCES. 

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No fee unless you win or collect (and other similar promises) refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases.

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