When Birth Injuries Could’ve Been Avoided, Legal Action Matters
- marketing968333
- Mar 28
- 3 min read
Bringing a child into the world is supposed to be a joyous occasion, filled with love, hope, and anticipation. But when something goes wrong during labor or delivery—especially if it was preventable—it can shatter that joy and leave parents feeling helpless, angry, and overwhelmed.
Birth injuries can have life-altering consequences, not just for the child, but for the entire family. If your baby suffered a birth injury, you have rights, and you don’t have to navigate this difficult journey alone - Mama Bear Law is here to help.
🍼What Is a Birth Injury?
Birth injuries occur when a baby suffers harm due to complications during labor and delivery. Some injuries are mild and temporary, while others result in permanent disabilities that require lifelong medical care. Common birth injuries include:
Cerebral palsy – Often caused by oxygen deprivation or brain trauma during birth.
Erb’s palsy – A nerve injury that affects arm movement, commonly caused by excessive force during delivery.
Brain damage – Can result from untreated infections, oxygen deprivation, or improper use of delivery tools.
Fractures – Some babies suffer broken bones due to medical negligence.
Facial nerve damage – Can occur from improper use of forceps or vacuum extraction.
Many of these injuries are preventable with proper medical care. If a doctor, nurse, or hospital staff made a mistake that caused your baby’s injury, they should be held accountable.
🏥 How Do Birth Injuries Happen?
Medical negligence is often the root cause of preventable birth injuries. Examples include:
Failure to monitor fetal distress – Ignoring warning signs of oxygen deprivation or distress.
Improper use of delivery tools – Forceps and vacuum extractors must be used with extreme care.
Delayed C-section – A failure to perform an emergency C-section can lead to brain damage or other complications.
Medication errors – Incorrect dosages or failure to administer necessary medication can cause harm.
These are just a few ways that medical negligence can lead to a lifetime of challenges for your child. If your baby’s injury was caused by a healthcare provider’s mistake, you have the right to seek justice.
⚖️ Do I Have a Legal Case?
If you suspect that medical negligence caused your child’s birth injury, you may have grounds for a lawsuit. Birth injury claims fall under medical malpractice, which means proving that a doctor, nurse, or hospital failed to meet the standard of care. To succeed in a birth injury case, your legal team will need to establish:
A doctor-patient relationship existed – You must show that the healthcare provider was responsible for your care.
Negligence occurred – The provider failed to act as a competent professional would have in the same situation.
The negligence caused the injury – There must be a direct link between the medical mistake and the harm suffered.
The injury resulted in damages – This includes medical expenses, ongoing therapy, pain and suffering, and more.
💰 What Compensation Can I Receive?
If you file a birth injury lawsuit and win, you may be entitled to compensation to help cover:
Medical expenses (past, present, and future)
Physical therapy and rehabilitation
Special education and assistive devices
Home modifications for disabilities
Pain and suffering
Emotional distress
This compensation is not just about money—it’s about ensuring your child has access to the care and support they need to thrive.
🕰️ How Long Do I Have to File a Lawsuit?
Birth injury lawsuits are subject to statutes of limitations, meaning there is a time limit for filing a claim. The timeframe varies by state, but many allow claims to be filed within two to three years of the injury or discovery of the injury. However, some states provide extended time for cases involving minors. Because these deadlines can be complex, it’s important to consult with an experienced birth injury attorney as soon as possible.
🐻 Why Choose Mama Bear Law?
We understand how devastating a birth injury can be, and we believe no family should have to face this battle alone. When you work with Mama Bear Law, you’re getting:
✔ Compassionate guidance from attorneys who truly care.
✔ Experience and skill in holding negligent medical providers accountable.
✔ A fierce commitment to securing justice and meaningful compensation.
✔ A team that treats your case like it is personal—because it is.
At Mama Bear Law, we are fierce advocates for families, and we’re here to hold negligent medical providers accountable.
🆘 Take Action Today
If you suspect your child’s birth injury was caused by medical negligence, contact us today for a free consultation. Let us help you fight for justice, secure the compensation you deserve, and protect your child’s future.
When it comes to your baby, we fight like a Mama Bear.
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