Alabama Birth Injury Lawyers

Common birth injuries that result from negligence include:

• Infant brain damage
• Cerebral palsy
• Erb’s palsy
• Hypoxic-ischemic encephalopathy (HIE)
• Perinatal asphyxia
• Brachial plexus injuries
• Paralysis and nerve damage
• Bruises/lacerations

In the worst birth injury cases, the negligence was so great that it resulted in the death of the baby. These heartbreaking circumstances ought to be handled with the guidance of a skilled and compassionate attorney. Our firm can protect your rights while advocating for justice on behalf of your loved one.

Common Causes of Birth Injuries

Improper Use of Medical Instruments

One of the most common causes of birth injuries resulting from medical negligence is the improper use of medical instruments during delivery. Forceps and vacuum extractors are often used to assist in difficult deliveries, but if not used properly, they can cause serious harm to the baby.

Failure to Monitor Fetal Distress

During labor and delivery, it is crucial for medical professionals to monitor the baby's heart rate and other signs of distress. If these signs are ignored or not detected in a timely manner, it can lead to serious birth injuries such as brain damage, cerebral palsy, or even infant death.

Delayed or Improper C-Section

In some cases, a cesarean section (C-section) may be necessary to safely deliver a baby. However, if a doctor fails to perform a C-section when it is needed or delays in performing one, it can result in serious birth injuries such as oxygen deprivation and brain damage.

Medication Errors

Medication errors during pregnancy or labor can also lead to birth injuries. This can include prescribing the wrong medication or dosage, administering medication at the wrong time, or failing to consider potential drug interactions that could harm the mother and/or baby.

Inadequate Prenatal Care

Proper prenatal care is crucial for ensuring a healthy pregnancy and safe delivery. If a healthcare provider fails to provide adequate prenatal care, they may miss important warning signs or fail to address risk factors that could lead to birth injuries, such as preeclampsia or gestational diabetes.

What Compensation May Be Available in a Birth Injury Case

Every birth injury case is different, and the compensation available depends on the severity of the injury, the long-term prognosis, and the specific facts of what happened during pregnancy, labor, or delivery. Families pursuing a birth injury claim in Alabama may be entitled to recover damages for:

• Past and future medical expenses, including surgeries, hospitalizations, medication, and specialized treatment
• Costs of long-term or lifetime care, such as physical therapy, occupational therapy, speech therapy, and in-home nursing
• Adaptive equipment and home modifications, including wheelchairs, medical devices, and accessibility renovations
• Lost future earning capacity, when a birth injury is expected to limit a child's ability to work as an adult
• Pain and suffering endured by the child
• Emotional distress experienced by parents and family members
• Wrongful death damages, in cases where a birth injury proves fatal

Because many birth injuries — particularly cerebral palsy, hypoxic-ischemic encephalopathy, and severe brachial plexus injuries — require care that extends for decades, calculating a fair settlement or verdict often requires input from life-care planners, economists, and medical experts. Our attorneys work with these professionals to ensure a birth injury claim accounts for the full scope of what a family will need — not just today, but throughout their child's life.

Frequently Asked Questions About Birth Injury Claims

How do I know if my child's birth injury was caused by medical negligence?

Not every birth injury is the result of malpractice — some complications are unavoidable even with proper care. Signs that negligence may have played a role include a failure to monitor fetal distress, delayed response to an emergency, improper use of delivery instruments, or a delayed C-section. An attorney can review your medical records and consult with medical experts to determine whether the standard of care was breached.

How long do I have to file a birth injury lawsuit in Alabama?

Alabama's medical malpractice statute of limitations generally requires claims to be filed within two years, though certain circumstances can affect this deadline. Because these rules are strict and fact-specific, it's best to consult an attorney as soon as possible.

What if my child's birth injury symptoms didn't appear until later?

Some birth injuries, including certain forms of cerebral palsy and developmental delays linked to hypoxic-ischemic encephalopathy, aren't immediately apparent. An attorney can help evaluate when your claim's timeline began and what options may still be available.

Do I need to prove the doctor intended to cause harm?

No. Medical malpractice claims are based on negligence, not intent. You need to show that a healthcare provider failed to meet the accepted standard of care and that this failure caused your child's injury.

What does it cost to hire a birth injury attorney?

Cunningham Bounds handles birth injury cases on a contingency-fee basis, meaning there's no upfront cost to you, and we only get paid if we recover compensation on your behalf. Your initial consultation is free.

Learn How Cunningham Bounds Can Help You

Cunningham Bounds is committed to providing the highest level of excellence to each and every one of our clients. One of our leading personal injury attorneys is a member of the Inner Circle of Advocates, an invite-only group of the top 100 plaintiff attorneys in the United States. This speaks to their achievements, as well as to the quality of representation that our firm offers as a whole.

To discuss your case with an experienced birth injury attorney in Alabama, call us at (251) 299-0101 or send us a message online. Your initial consultation is free and confidential.