Can You File A Lawsuit For Birth Injuries in Alabama

It may be one of the most traumatic experiences for a family when a newborn suffers a catastrophic injury during delivery. A birth injury can result in long-term medical concerns, childhood hardships, astronomical medical expenses, and limited chances at adulthood.

Birth injuries may necessitate continuous medical care, special schooling, and other adjustments for children. Here are some answers to frequently asked questions concerning birth injuries.

What Is the Frequency of Birth Injuries?

Regrettably, authorities describe birth injuries differently, some even classifying birth deformities as injuries. According to the National Institutes of Health, 1.1% of cesarean births result in permanent birth injuries.

What Different Types of Birth Injuries Are There?

A variety of birth traumas can have a long-term impact on a child and their family. The following are the most prevalent forms of birth injuries:

  • Brain injury as a result of a lack of oxygen
  • Cerebral palsy
  • Clavicle fracture
  • Cystic fibrosis
  • Dystocia of the shoulder
  • Injuries to the scalp
  • Injuries to the brachial plexus (Erb's palsy and Klumpke's palsy)

Are Birth Injuries and Birth Defects the Same Thing?

Birth injuries and birth deformities are not the same. Chromosome problems, genetic anomalies, and environmental variables contribute to birth malformations. These occur throughout the development of the kid when the mother is pregnant.

Central nervous system disorders, heart defects, and cleft palate are common congenital disabilities. However, certain birth abnormalities have been related to specific drugs. Birth injuries are traumatic occurrences that happen to a baby soon before, during, or after birth.

Is it Possible to Avoid Birth Injuries?

Many birth injuries are avoidable by their very nature. At least 30% of all birth injuries are caused by miscommunication between medical personnel throughout the pregnancy and delivery. Other common causes of avoidable birth injury include:

  • Misdiagnosed maternal or fetal distress
  • Inappropriate medication usage
  • Inappropriate use of birth-assistance devices
  • Cesarean sections that are postponed
  • Problems with the umbilical cord

Can Children Who Have Been Born with Birth Injuries Get Better?

This is a tough question to answer. Some birth injuries, such as Erb's palsy, can be reversed in as little as a few months to a few years. Severe injuries, on the other hand, may last a lifetime.

Other birth injuries, such as cerebral palsy, can severely impair a child's mobility and need lifetime medical care. The extent of the damage, how quickly it was identified, and the type of medical care available will all play a role in whether or not the child recovers.

Should You File a Lawsuit Over Your Child's Birth Injuries?

Parents don't always want to be in an awkward situation with their doctor or medical provider. However, if your kid's birth damage was caused by medical carelessness, you must bring it up for your child and future patients' safety.

Another reason to file a lawsuit against a negligent medical practitioner is that you are entitled to compensation for your child's injuries. A birth injury may lead to a lifetime of medical bills and other expenditures, so filing a lawsuit is the best option to protect your child's future.


Birth injury cases necessitate the assistance of an Alabama attorney experienced in medical malpractice lawsuits. In filing a lawsuit, look for a personal injury lawyer with a track record of successfully prosecuting birth injury claims while demonstrating tenacious pursuit of their client's rights.

If you or your child suffered a birth injury due to medical negligence or malpractice, call personal injury lawyers in Birmingham, AL. Our team at Swiney & Bellenger is ready to assist you. Call us at (205) 588-4652 to get started on your case.

  • (205) 588-4652


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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