BIRTH INJURY LAWYER
TIMOTHY L. MILES
(855) TIM-M-LAW (855-846-6529)
[email protected]
(24/7/365)
A birth injury impacts roughly 6 to 8 out of every 1,000 babies born in the United States. These injuries create lasting challenges for children and their families. Medical advances have helped reduce trauma rates from 2.6 per 1,000 births in 2004 to current levels, yet many children still face serious health issues. Cerebral palsy affects 1 to 2 per 1,000 babies and requires ongoing medical care. The lifetime medical costs can exceed $1 million.
Parents need reliable information about birth injury causes, symptoms, and treatment options. That is why we built this detailed resource center. Preventable circumstances lead to many birth injuries, including brachial plexus injuries that affect 1 to 2 per 1,000 births. These often happen during difficult deliveries or cases of shoulder dystocia. Medical negligence might be responsible for your child’s injury. Understanding your legal rights and potential compensation becomes vital since many cases lead to multimillion-dollar settlements that cover lifelong care needs.
This piece guides you from identifying common birth injuries to a qualified birth injury lawyer, Timothy L. Miles, who works on a contingency fee agreement. You will find the information needed to promote your child’s interests effectively, whether you’re coping with recent trauma or noticing delayed developmental signs.
Parents need to know the difference between a birth injury and a birth defect to make informed decisions about their child’s medical care and legal options. People often mix up these terms, but they mean two very different things.
The National Vital Statistics Report calls a birth injury “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth”. Birth injuries include everything from minor bruising to severe trauma that happens because of physical forces during labor and delivery.
The numbers tell a sobering story. About 7 out of every 1,000 babies born in the United States suffer birth injuries. This is a big deal as it means that three babies are born with birth injuries every hour across the country. These traumatic events can change a child’s development and life quality forever.
Birth injuries happen right before, during, or just after delivery. This makes them different from birth defects. The baby might get hurt while moving through the birth canal or from other problems during labor. Common causes are:
Birth injuries can be mild or severe. Some heal on their own, while others leave permanent disabilities. The most common ones are:
Better obstetrical techniques and more C-sections have helped reduce birth trauma rates over the years. All the same, serious injuries still happen, especially when doctors don’t follow proper care standards.
Birth defects develop while the baby grows in the womb—usually in the first three months when organs form. These affect about 1 in 33 babies (3%) born each year in the United States. On top of that, birth defects are the number one cause of infant deaths, causing about 20% of yearly infant deaths.
The main difference between these conditions comes down to timing and cause:
Timing: Birth injuries happen during birth, while birth defects develop during pregnancy, usually in the first trimester.
Causation: Physical trauma or lack of oxygen during delivery causes birth injuries, sometimes due to medical mistakes. Genetic factors, environment, or the mother’s health typically cause birth defects.
Preventability: Good medical care can prevent many birth injuries. Birth defects usually come from factors doctors can’t control right away.
Legal implications: Medical malpractice claims might work for birth injuries if someone was negligent. Birth defects rarely qualify unless harmful exposures caused them.
Bad things can happen when healthcare providers make mistakes during delivery. Examples of medical negligence include:
Cerebral palsy shows how serious birth injuries can be. Taking care of a child with cerebral palsy costs more than $1 million over their lifetime. Families can seek legal help to cover these costs when medical negligence causes such injuries.
Doctors can usually tell birth injuries from birth defects through careful examination. This matters both to get the right medical treatment and to see if families can get legal help with medical costs and long-term care.
Parents dealing with these issues should first understand how birth injuries differ from birth defects. This knowledge helps them get proper care and support for their child’s specific needs.
Birth injuries can be mild and temporary or lead to permanent disabilities that need lifelong care. Several types of trauma can happen during delivery. Each type has its own causes, symptoms, and ways to treat it.
The brachial plexus is a network of nerves that controls arm movement and feeling. These injuries happen to about 1-3 babies in every 1,000 births. A baby’s neck can stretch sideways during a tough delivery and cause these injuries. This often happens with shoulder dystocia, large babies, breech positions, or long labor.
Erb’s palsy is the most common type. It affects the upper brachial plexus nerves (C5, C6, sometimes C7) and makes the shoulder and biceps weak. Babies usually hold the affected arm to the side and can’t move it much. Klumpke’s palsy affects the lower nerve roots (C8, T1) and mainly weakens hand muscles. Newborns rarely get this type.
Physical therapy helps most children recover their arm function. But severe cases where nerves tear or pull away from the spinal cord might need surgery.
About 1 in 345 children in the United States has cerebral palsy. This brain disorder affects muscle control, movement, and often how well a child learns.
Birth trauma causes about 20% of cerebral palsy cases. Medical mistakes that can lead to cerebral palsy include late emergency C-sections, poor monitoring of baby’s oxygen, wrong use of delivery tools, and untreated infections in the mother.
The condition comes in several forms—spastic, ataxic, dyskinetic, hypotonic, or mixed. Symptoms range from stiff muscles and poor coordination to speech problems. There’s no cure, but treatments like physical therapy, medicine, and surgery can make life better.
Blood can collect between the skull and its covering after a difficult birth. This condition, called cephalohematoma, affects about 2.5% of all births. Unlike other scalp swelling, it stays within bone lines and usually goes away on its own within 2-3 months.
Subgaleal hemorrhage is more dangerous. Blood collects in a larger space between the scalp layers. This rare condition affects about 4 in 10,000 normal deliveries. The space can hold up to 260ml of blood—almost half of a newborn’s blood supply.
Using vacuum extraction makes this problem more likely, with rates going up to 59 per 10,000 assisted deliveries. Parents should watch for scalp swelling that feels like fluid, ears that look pushed out, and signs of shock.
Between 0.8 and 7.5 babies per 1,000 births get facial nerve palsy. This number goes up to 8.8 per 1,000 when doctors use forceps. The injury usually happens when forceps or part of the mother’s pelvis puts pressure on the facial nerve.
Babies with this injury show uneven facial movement, especially when crying. They might also have trouble closing their eyes. Parents shouldn’t worry too much because these injuries usually heal completely without treatment. Studies show all babies recover, typically within 24 days.
Different types of brain bleeding can happen during birth, including epidural, subdural, subarachnoid, and intraventricular bleeding. These serious conditions can cause developmental delays, seizures, and sometimes death.
Subdural hemorrhage happens most often, usually during births that need tools like forceps or vacuum. Babies might have a bulging soft spot, breathing problems, seizures, or seem less alert. Minor cases might get better with supportive care, but major bleeding might need surgery.
Parents dealing with birth injuries should talk to specialists. If they think medical mistakes caused the injury, they might want to talk to a birth injury lawyer about getting compensation through special payment arrangements.
Identifying birth injury symptoms is vital for early intervention and better outcomes. Birth injuries often show up right away, while others might not be noticeable until developmental delays surface months or years later. Parents who understand these symptoms can better support proper medical care and get legal help when needed.
Babies with birth injuries show distinct symptoms within hours or days after delivery. You might notice unusual muscle tone—either too stiff (hypertonia) or too floppy (hypotonia)—which could point to brain or nerve damage. A baby’s uneven facial expressions while crying might suggest facial nerve injury, which usually gets better within 2-3 months on its own.
Breathing problems and bluish skin color (cyanosis) are serious signs that need immediate medical attention. Seizures or unusual twitching often point to brain injury or oxygen deprivation during birth. Look out for these warning signs:
Some injuries leave visible marks, like swelling or bruising on the baby’s head or shoulders, especially in difficult deliveries that used forceps or vacuum extraction.
Birth injury symptoms often develop slowly as developmental milestones approach. Parents should watch for delayed skills, especially between 12-24 months. Missing milestones is one of the clearest signs of a possible birth injury.
Speech delays or no speech development by 12-24 months needs quick medical evaluation. Problems with simple coordination—crawling, sitting, standing, or walking without help—might indicate neurological damage. Ataxia (poor muscle control and coordination) becomes apparent as children try more complex physical tasks.
Parents should look for:
The CDC reports that about 3% of U.S. babies are born with a defect, though many develop for reasons unrelated to birth trauma.
Your parental instincts matter. If you spot any birth injury symptoms or developmental concerns, call your child’s pediatrician right away. Early intervention offers the best chance for improvement, whatever the symptom severity.
Get immediate medical help if your baby shows signs of breathing problems, seizures, or unusual sleepiness. You should also see your doctor quickly if you notice stiff or floppy muscles, unexplained fussiness, or ongoing feeding problems.
Older children need medical evaluation if they show:
Early intervention services—physical therapy, occupational therapy, and speech therapy—are a great way to get better outcomes for children with birth injuries. Quick medical documentation is essential if birth injury negligence occurred, which could support claims for compensation through a birth injury lawyer working under a contingency fee agreement.
Birth-related trauma can start well before the actual delivery. Medical conditions, physical circumstances, and delivery decisions play crucial roles in raising complication risks. Parents and medical professionals need to understand these risk factors to make informed decisions that minimize potential harm.
Medical conditions in mothers substantially influence birth injury risks. Mothers with diabetes have a higher chance of delivering macrosomic babies (exceeding 9 pounds). This raises birth injury risk by 50% for mothers with gestational diabetes. Preeclampsia creates higher risks for oxygen deprivation and brain damage. These cases usually need immediate or early delivery.
Mothers with untreated infections face serious risks. These infections can cut off the baby’s oxygen supply and potentially harm the developing brain. This leads to major birth injuries including cerebral palsy. Research shows a strong link between maternal infections and negative outcomes such as low Apgar scores, neonatal seizures, and resuscitation needs.
Medical conditions that raise birth injury risk include:
About 10% of all pregnancies involve fetal macrosomia. Babies weighing more than 9 pounds fall into this category. Medical standards recommend cesarean delivery for babies estimated to weigh more than 11 pounds (or more than 10 pounds if the mother has diabetes). Large babies often get stuck in the birth canal, which leads to oxygen deprivation or physical trauma.
The baby’s position can also raise birth injury risk. Breech presentations (feet-first or buttocks-first) and face-first positions often require obstetrical tools, which increases physical trauma risk. The umbilical cord’s position matters too. If it wraps around the baby’s neck, oxygen deprivation can cause brain damage.
Deliveries using forceps or vacuum extractors carry higher birth injury risks than unassisted births. Forceps delivery uses metal tools similar to salad tongs that grasp the baby’s head. Medical professionals need considerable skill and experience to use these safely.
Forceps usage raises the risk of third or fourth-degree tears to about 10% of deliveries, compared to only 3% in unassisted deliveries. Vacuum extraction increases subgaleal hemorrhage risk to 59 per 10,000 vacuum-assisted deliveries, versus only 4 per 10,000 spontaneous deliveries.
Wrong use of these instruments can lead to hematomas, hydrocephalus, and intracranial hemorrhage—all potentially causing long-term neurological injuries. Facial nerve palsy rates increase to 8.8 per 1,000 in forceps deliveries compared to lower rates in unassisted births.
Birth-related trauma can start well before the actual delivery. Medical conditions, physical circumstances, and delivery decisions play crucial roles in raising complication risks. Parents and medical professionals need to understand these risk factors to make informed decisions that minimize potential harm.
Labor duration affects birth injury risk substantially. Labor lasting more than 18 hours stresses both mother and baby. This creates pressure on the infant’s brain that can lead to injuries. Medical standards require an emergency C-section for labor beyond 18 hours.
Labor that moves too fast creates its own problems. Over-stimulated contractions—sometimes caused by misuse of labor-inducing drugs like Pitocin—can cut off the baby’s oxygen supply. This forces the infant through the birth canal too quickly.
Pain management through epidurals statistically raises birth injury likelihood by making delivery take longer. Longer deliveries mean higher chances of oxygen deprivation or other complications. This sometimes forces doctors to use potentially risky delivery assistance tools.
These risk factors help parents work with medical professionals to make smart choices about delivery options and needed interventions. This knowledge can reduce birth injury risks through proper precautions and quick action.
Birth injuries need different treatments that change as children grow older. Doctors combine several therapies based on how severe the injury is. Starting treatment early leads to the best results.
Children with brachial plexus injuries start physical therapy when they’re just 3 weeks old. This therapy helps them move better, get stronger, and improve their coordination while preventing joint problems. Children with cerebral palsy learn to balance better, become more flexible, and walk more naturally with help from physical therapists.
Occupational therapy works alongside physical therapy to teach daily living skills. Children become skilled at feeding themselves, getting dressed, and doing school activities. Therapists turn exercises into games so kids stay interested. Parents make a big difference when they continue these exercises at home by giving toys to the affected side.
Children with brachial plexus injuries start physical therapy when they’re just 3 weeks old. This therapy helps them move better, get stronger, and improve their coordination while preventing joint problems. Children with cerebral palsy learn to balance better, become more flexible, and walk more naturally with help from physical therapists.
Occupational therapy works alongside physical therapy to teach daily living skills. Children become skilled at feeding themselves, getting dressed, and doing school activities. Therapists turn exercises into games so kids stay interested. Parents make a big difference when they continue these exercises at home by giving toys to the affected side.
Different medications help control birth injury symptoms and target pain, muscle spasticity, and seizures. Children with cerebral palsy move better with muscle relaxants and anti-spastic drugs, while anti-inflammatory medication reduces their pain. Doctors use Botox injections to temporarily stop specific muscles from working, which lets weaker muscles grow stronger.
Kids gain more independence through assistive devices that improve their quality of life. They use mobility aids like wheelchairs, walkers, and crutches, plus special equipment for daily tasks. Non-verbal children express their needs through communication devices. Most programs provide more than just equipment – they include physical therapy, occupational therapy, and help with speech.
Severe conditions need surgery, especially for torn brachial plexus nerves, skull fractures with bleeding, or advanced cerebral palsy. Doctors might need to release tight internal rotator muscles when shoulder dysplasia from brachial plexus injuries gets bad. Physical therapy starts right after surgery and usually continues for six months.
Programs designed for babies and toddlers up to age three tackle developmental delays early. Federal funding makes these services free or low-cost. Professionals create a special plan called an Individualized Family Service Plan (IFSP) that lists needed services. Kids do better when they receive services in familiar places like their homes or daycare centers. Results show great promise – one-third of children who get early intervention don’t need special education by kindergarten.
Birth injuries from medical mistakes give families the right to seek compensation for damages. Your child’s care depends on knowing these rights – they can make all the difference between financial hardship and getting the resources you need.
Medical negligence in birth injury cases happens when healthcare providers don’t meet their profession’s expected care standards. Your child’s injuries might result from doctors using too much force during delivery, missing signs of fetal distress, wrong use of forceps or vacuum extractors, untreated maternal infections, or delayed C-sections. You might have grounds for a claim if your doctor’s mistake caused your baby’s injuries and disability.
When it comes to a Birth Injury Lawyer, one name that immediately pops up is nationally known and widely respected Birth Injury Lawyer Timothy L. Miles, who has valuable experience and has received numerous awards, mostly due to his high ethical standards and hard work ethic, including most recently:
This will be the only call you need to make. (855) 846–6529 or [email protected].
Birth injury lawyers work on contingency – you don not pay unless they win compensation for your family. This setup lets everyone get quality legal help, whatever their financial situation. The lawyer pays for everything upfront – filing fees, expert witnesses, and administrative costs. A successful case means they’ll take their fee – usually 30-40% of the settlement – plus case expenses from your award. This arrangement lines up your interests with your lawyer’s, pushing them to get you maximum compensation. The call is free and so is the fee unless we win or settle your case
Your child’s settlement should cover all expenses tied to their condition. This means current and future medical bills, therapy, home changes, assistive devices, medication, and parents’ lost wages. The package has compensation for pain, suffering, emotional stress, disability, and life quality changes. Really bad cases of negligence might bring extra punitive damages. Each settlement amount changes based on how bad the injury is, its lasting effects, and the negligence level.
Birth injuries change a family’s life path and affect both the child and their caregivers. This piece covers everything from symptom recognition to legal rights in cases of medical negligence. Note that early intervention gives the best chance for better outcomes, whatever the injury severity.
A birth injury diagnosis can leave families feeling overwhelmed. But many treatment options – from physical therapy to assistive devices – can make life significantly better. While surgery is sometimes needed, it works best with complete rehabilitation programs. The road ahead may look tough, but federally-funded early intervention programs offer crucial support. Research shows that one in three children who get these services don’t need special education by kindergarten.
Managing a birth injury brings emotional stress, made worse by money worries. Legal options are available when negligence causes the injury. Birth injury attorneys work on contingency fees, which means families don’t pay unless they win compensation. These settlements ended up covering ongoing care costs, which can exceed $1 million for conditions like cerebral palsy.
Support Groups:
National Organizations:
Birth Injury Centers:
Additional Online Support Groups:
Spinal Cord Support Groups:
Trauma Support Groups::
Cerebral Palsy Support Groups:
Erb’s Palsy Support Groups:
Brachial plexus Support Groups:
Brain Injury Support Groups:
Preeclampsia Groups:
Infant Intrauterine Growth Restriction Support Groups:
Infant Meningitis:
Contact Infant Birth Injury Lawyer Timothy L. Miles for a free case evaluation today If you believe you or you child suffered a birth injury cased by negligence or malpractice.
The call is free and so is the fee unless we win or settle your case so call today and see what an Infant Brain Ischemia Lawyer can do for you. (855) 846-6529 or [email protected].
BIRTH INJURY LAWYER
TIMOTHY L. MILES
(855) TIM-M-LAW (855-846-6529)
[email protected]
(24/7/365)
Mon – Fri: 24/7
Sat – Sun: 24/7
