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Birth Injury

Every year in the U.S. just under 30,000 babies are born with some form of birth injury. This means that a baby is born with a birth injury every 20 minutes.


Having a baby is meant to be a joyous time, but what happens when it goes terribly wrong? You need a lawyer who will shoot you straight and protect you and your family.  Call us at 346.501.FUNK.

Why you should hire an attorney after a birth injury

The birth of a child is a momentous occasion, filled with hope and joy. However, for some families, this joy can be overshadowed by the devastating news of a birth injury. Birth injuries can occur due to medical negligence, leaving your child with lifelong challenges. At Funk Law Group, we understand the profound impact these injuries have on families, and we are dedicated to holding negligent medical professionals accountable.

What are Birth Injuries?

A birth injury is any physical harm a baby sustains during pregnancy, labor, or delivery. While some minor injuries are common and resolve quickly, others can be severe and cause lifelong disabilities. Common types of birth injuries include:

  • Brain injuries: These can be caused by oxygen deprivation (hypoxic-ischemic encephalopathy or HIE) during delivery, leading to cerebral palsy, intellectual disabilities, or vision and hearing problems.

  • Brachial plexus injuries: These affect the nerves in the shoulder and arm, causing weakness, paralysis, or loss of sensation.

  • Cephalohematoma and subgaleal hemorrhage: These are blood collections under the scalp, potentially caused by excessive force during delivery with forceps or vacuum.

  • Bone fractures: These, particularly clavicle (collarbone) fractures, can occur during a difficult delivery.

  • Spinal cord injuries: These can range from mild to severe, causing paralysis or other neurological impairments.

Causes of Birth Injuries

Birth injuries can occur due to a variety of factors. However, some preventable causes may be related to medical negligence, such as:

  • Failure to monitor the fetus properly: This can lead to missed signs of distress, such as a lack of oxygen, which can cause brain damage.

  • Improper use of forceps or vacuum: These instruments can injure the baby if used incorrectly.

  • Delayed C-section: When a C-section becomes necessary and is delayed, the baby may suffer oxygen deprivation.

  • Failure to diagnose or treat maternal infections: Certain infections can increase the risk of birth injuries.

  • Labor induction or augmentation errors: Improper use of medications to induce or speed up labor can cause complications.

  • Delivery of a breech baby: While vaginal delivery for breech babies is possible in some cases, it requires special expertise and carries a higher risk of injury.

Signs and Symptoms of Birth Injuries

Not all birth injuries are immediately apparent. However, some signs to watch for in your newborn include:

  • Seizures

  • Difficulty feeding or swallowing

  • Weakness or paralysis in one arm or leg

  • Floppy muscle tone

  • Persistent crying

  • Abnormal breathing

  • Bulging fontanelle (soft spot on the head)

  • Lethargy

If you notice any of these signs, it's crucial to seek immediate medical attention to diagnose the injury and begin treatment.

The Impact of Birth Injuries

Birth injuries can have a profound and lasting impact on children and their families. The physical and cognitive challenges can require ongoing medical care, therapy, and specialized equipment. This imposes a substantial financial burden, not to mention the emotional pain and suffering experienced by the child and family.

Protecting Your Child's Future

If you believe your child suffered a birth injury due to medical negligence, you may be entitled to compensation. Funk Law Group has a team of experienced medical malpractice attorneys who can help you understand your legal options. We will work tirelessly to investigate your claim, gather evidence, and hold the negligent medical professionals accountable. The compensation you receive can help your family cover the costs of medical care, therapy, and other expenses associated with your child's injury. More importantly, it can send a message that such negligence will not be tolerated.

Our Commitment to You

At Funk Law Group, we understand the gravity of birth injuries and the lifelong challenges they present. We are committed to fighting for the rights of children and families affected by medical negligence. We offer a free consultation to discuss your situation and explore your legal options. Don't hesitate to contact us today. Together, we can help secure your child's future.

Additional Resources

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult with an attorney to discuss the specific facts of your case.

Types of Birth Injury

Baby with Hearing Aid

Hypoxic Ischemic Encephalopathy


Complications from Jaundice


Brachial Plexus

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