Gadsden Birth Injury Lawyers

What Is a Birth Injury Claim?

A birth injury claim is a type of medical malpractice case. It can arise when poor medical care during pregnancy, labor, delivery, or newborn treatment causes preventable harm to a baby or mother.

Importantly, a bad result by itself doesn’t prove malpractice. For a claim to move forward, it must be shown that:

• A healthcare provider had a duty to provide proper care.
• The provider failed to meet accepted medical standards.
• That failure caused or worsened an injury.
• The injury led to medical costs and/or other losses.

Birth injury cases are rarely simple. They can involve thousands of pages of medical records, multiple healthcare providers, and even entire hospital systems. Having an experienced birth injury attorney on your side helps to ensure no detail is missed, and your right to pursue compensation is preserved.

The Alabama birth injury lawyers at Cusimano, Roberts, Mills & Knowlton have decades of combined experience investigating these claims. We work with experts in various fields to thoroughly review medical records, assess protocols, and determine where and how negligence occurred.

What Are the Possible Signs of a Birth Injury?

Some birth injuries are clear right away. Some may not become noticeable until your child begins missing developmental milestones.

Signs of birth injury shortly after delivery may include:

• Trouble breathing
• A need for resuscitation
• Seizures
• Weak movement or low muscle tone
• Severe stiffness
• Difficulty feeding or swallowing
• A long stay in the NICU
• Therapeutic cooling
• Significant bruising or swelling
• Little or no movement in one arm
• Emergency brain imaging
• Very low Apgar scores
• Lack of response

An Apgar score measures a newborn’s condition shortly after birth. It looks at the baby’s heart rate, breathing, muscle tone, reflexes, and color. A low score may show that a baby needs immediate help. However, an Apgar score can’t prove why a problem occurred or predict a child’s future by itself.

Signs of birth injury that may appear as your child grows can include:

• Feeding problems
• Delayed sitting, crawling, or walking
• Trouble controlling head movement
• Unusual muscle stiffness
• Weak or floppy muscles
• Poor balance or coordination
• Speech delays
• Hearing or vision concerns
• Frequent seizures
• Favoring one side of the body
• Trouble using one arm or hand
• Learning or developmental delays

These symptoms can have many causes, and it’s important to remember that a birth injury lawyer can’t diagnose a specific condition. They can, however, help determine whether available evidence supports further investigation into the circumstances surrounding your child’s birth.

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How Can Medical Negligence Cause a Birth Injury

When a birth injury is preventable, its cause may be linked to medical negligence. Some of the leading causes of these preventable birth injuries are:

Errors During Pregnancy

Prenatal care helps doctors identify problems before they become emergencies. Possible errors that can lead to birth injury include:

• Failing to diagnose or manage preeclampsia
• Failing to identify gestational diabetes
• Missing signs of infection
• Failing to monitor fetal growth
• Missing placental problems
• Failing to identify a high-risk pregnancy
• Failing to order needed tests
• Failing to plan for a high-risk delivery
• Failing to respond to reduced fetal activity
• Delaying a referral to a specialist

Not every pregnancy complication is preventable. However, known risks must be taken seriously.

Errors During Labor and Delivery

Labor and delivery teams must monitor both the mother and the baby. They also need to be ready to act when conditions change.

Possible errors include:

• Failure to monitor fetal heart rate
• Ignoring signs of fetal distress
• Failing to respond to cord compression
• Mismanaging shoulder dystocia
• Using too much force during delivery
• Improperly using forceps or a vacuum extractor
• Giving too much or too little Pitocin
• Failing to monitor the effects of medication
• Missing signs of placental abruption
• Failing to respond to maternal bleeding
• Poor communication between nurses and doctors
• Delaying an emergency C-section
• Delaying anesthesia or surgical care

Each second matters during an obstetric emergency. When healthcare providers fail, the harm can be profound. Our Gadsden birth injury lawyers can build a clear timeline to determine what the providers knew, when they knew it, and how quickly they acted.

Errors After Delivery

A medical team’s responsibility doesn’t end when a baby is born. Possible newborn-care errors may include:

• Delayed resuscitation
• Failure to provide breathing support
• Failure to treat low blood sugar
• Failure to treat an infection
• Failure to treat severe jaundice
• Medication errors
• Oxygen errors
• Delayed transfer to the NICU
• Failure to identify seizures
• Failure to order proper testing
• Failure to monitor a premature or high-risk infant

Whole-body cooling may be used for newborns with moderate or severe HIE. Its use can be an important part of the medical timeline in a suspected oxygen-deprivation case.

At Cusimano, Roberts, Mills & Knowlton, our birth injury attorneys study the care your child received one decision at a time. Careful preparation helps us separate unavoidable complications from preventable harm.

Birth Injuries Can Affect Mothers, Too

Babies aren’t the only patients who can be harmed by poor pregnancy or delivery care. Medical errors can also cause or worsen serious injuries to the mother, including:

• Severe bleeding
• Infection or sepsis
• Blood clots
• Uterine rupture
• Surgical injuries
• Organ damage
• Anesthesia complications

A mother’s care may involve different providers, injuries, and evidence from the child’s case. Both deserve a complete review.

At our firm, we take time to understand how medical negligence has affected both mother and child. We fight to secure the compensation needed to address all complications.

Who Might Be Liable for a Birth Injury in Alabama?

Several providers may take part in prenatal care, labor, delivery, and newborn treatment. More than one provider might be responsible for the same injury.

Depending on the specifics of your claim, responsible parties can include:

• Obstetricians
• Family doctors
• Labor and delivery nurses
• Certified nurse-midwives
• Anesthesiologists
• Surgeons
• Pediatricians
• Neonatologists
• NICU staff
• Hospitals
• Healthcare systems
• Medical staffing companies

The names on the discharge papers may not tell the whole story. We examine who made each decision and who had the power to prevent further harm.

Compensation Families Can Seek Following a Birth Injury

A serious birth injury can create costs that last for years. In some cases, a child may require help for life.

Depending on the specifics of your claim, our Gadsden birth injury lawyers can pursue compensation for:

• Past, current, and future medical bills
• Future medical treatment and therapy
• Medications
• Mobility equipment
• Communication devices
• Home and vehicle accessibility modifications
• In-home assistance
• Special education needs
• Long-term respite or outpatient care
• Loss of future earning ability
• Pain and physical limitations
• Reduced quality of life

Future losses shouldn’t be based on guesswork. Many birth injury attorneys work with life-care planners who can outline the services, treatment, equipment, and support a child will need to live their best possible life. Economists and other experts are also often brought in to help accurately calculate lifetime costs, so maximum compensation can be sought.

Cusimano, Roberts, Mills & Knowlton has recovered millions in damages for our clients. While we can’t promise a specific outcome, we can promise to approach your claim with the seriousness and attention you deserve.

What Should I Do If I Suspect My Child Has Suffered a Birth Injury?

Steps to take if you believe your baby was harmed through medical negligence include:

• Get needed medical care. Ask about the diagnosis, treatment plan, and follow-up care.
• Request the medical records. Seek records from prenatal care, labor and delivery, the hospital, and the NICU.
• Write down what happened. Record what you remember about the delivery, including questions, delays, or conversations.
• Keep documents. Save bills, receipts, therapy records, appointment notes, and insurance statements.
• Track your child’s progress. Note diagnoses, milestones, symptoms, and recommended services.
• Be careful online. Avoid posting private medical details or accusations on social media.
• Talk to an Alabama birth injury attorney. An early review can help protect records and ensure your right to file suit is preserved.

You don’t need to be certain of medical malpractice before you talk to a lawyer. And you don’t have to worry about having every document in place before you reach out. Your birth injury lawyer can help you identify and obtain the records needed for a proper review.

How Long Do I Have to File an Alabama Birth Injury Lawsuit?

Alabama Code § 6-5-482 generally requires medical malpractice lawsuits to be filed within two years of the act or failure that caused the injury. A limited six-month discovery period may also apply when the claim could not reasonably have been discovered within those two years. However, most claims have a four-year outside limit.

The law is different when it comes to birth injury. A child who was younger than four when the malpractice occurred may have until their eighth birthday to file a claim.

While you may have a bit of extra time to file a birth injury lawsuit in Alabama, it’s best to talk to an attorney right away. Waiting can complicate the investigative process, make records more difficult to locate, or allow for staff turnover before liability can be assessed.

Why Choose Our Gadsden Birth Injury Lawyers?

Birth injury cases require knowledge, resources, clear judgment, and hard work. This is where our firm shines. Clients choose us because we offer:

• Local Resources. We aren’t a directory or out-of-state intake service. We live, work, and fight for our clients in Gadsden, Etowah County, and throughout Alabama.
• A Team Approach. Our lawyers combine their skills to build stronger cases. We have a trusted network of specialists and experts who can be called in to assist with complex medical malpractice claims.
• Deep Knowledge of Alabama Law. Our attorneys write, teach, and speak about tort law and trial practice. Other firms often seek us out for our comprehensive knowledge of Alabama law.
• Careful Preparation. We study the facts before making claims or demanding answers. We make sure your claim is prepared for trial when going to court becomes necessary.
• Personal Communication. We believe that you should know what’s happening with your case. Your birth injury attorney will remain available to answer questions, offer advice, and calm your nerves throughout the process.
• Respect for Families. We listen carefully. We speak clearly. We stand up for families who have been harmed through medical negligence.

National firms may have multiple billboards. We offer something different: proven Alabama knowledge, careful work, and lawyers who live just up the road.

Birth Injury FAQs

What’s the difference between a birth injury and a birth defect?

A birth defect usually develops before a baby is born. It may be caused by genetics, environmental factors, infections, abnormal development, or a combination of causes. Not all birth defects are preventable.

A birth injury involves harm that happened during pregnancy care, labor, delivery, or treatment shortly after birth. Often preventable, these injuries may be related to delayed treatment or another medical error.

How can I tell if my baby’s injury was preventable?

The diagnosis alone may not answer that question. A lawyer and a qualified medical expert may need to compare the care provided with the care expected. This review may focus on fetal monitoring, medications, delivery decisions, emergency response times, newborn treatment, and other records.

Can a birth injury be diagnosed months or years later?

Yes. Some problems are clear at birth. Others become noticeable when a child has trouble moving, speaking, hearing, learning, or meeting developmental milestones.

A later diagnosis doesn’t automatically extend every legal deadline. It’s important to talk to a birth injury lawyer as quickly as possible after a serious diagnosis.

Does cerebral palsy always mean medical malpractice occurred?

No. Cerebral palsy has many possible causes. It can involve abnormal brain development or brain damage before, during, or after birth. In many cases, the precise cause is unknown.

However, cerebral palsy can be caused by birth injury. A malpractice case requires evidence that poor medical care probably caused or worsened the condition.

What if the hospital says the injury was unavoidable?

The hospital’s explanation is not the final answer. Some injuries truly are unavoidable. Others may have been prevented through earlier testing, closer monitoring, faster delivery, or better care.

A birth injury lawyer can review the records and seek independent medical opinions.

Will my birth injury claim go to trial?

Almost all civil cases are resolved before a trial is necessary. However, there is no guarantee that a healthcare provider or hospital will agree to a fair resolution without one.

A good birth injury attorney will prepare serious cases for trial from the start. This means gathering evidence, consulting with experts, and being ready to present the case to a jury when necessary.

How much does it cost to talk to a birth injury attorney?

It shouldn’t cost you anything to talk to a birth injury lawyer. It shouldn’t cost you anything to hire one, either.

Most birth injury attorneys work on a contingency basis. You only pay for legal fees after you have won your case. Under this agreement, if you don’t win, you don’t owe attorney fees.

Look closely at your potential attorney’s fee structure. Some contingency agreements involve interest. Most won’t cover court costs. Before you work with a firm, it’s best to understand what it may cost to pursue maximum compensation.

Schedule a No-Risk, No-Cost Consultation With a Gadsden Birth Injury Lawyer

To schedule your no-risk, obligation-free case review with one of our experienced birth injury attorneys, use our online contact form or call our Gadsden office today. Based in northeast Alabama, we help families throughout the state seek fair and full compensation following preventable injuries to a child.