What Types of Cases Do Birth Injury Lawyers Handle?

mother and baby with a birth injury laying in bed together while waiting for a birth injury lawyer to call.

Welcoming a new member into your family should be a time of celebration. But when medical negligence turns a joyous moment into a lifelong challenge, the emotional and financial toll can be overwhelming.

Understanding whether your child’s condition qualifies as a legal claim is the first step toward securing the resources they need for the future. At The Law Offices of Nicholas A. Parr, we represent Baltimore families who have been impacted by preventable medical errors during pregnancy, labor, or delivery, and below are the most common types of cases birth injury lawyers handle.

Cerebral Palsy

Cerebral palsy is one of the most common birth injuries resulting from medical negligence. This neurological disorder affects movement, muscle tone, and posture, and it is often caused by brain damage that occurs before, during, or shortly after birth. 

While not all cases of cerebral palsy are preventable, many result from medical errors, such as:

• Failure to monitor fetal heart rate during labor,  

• Delayed response to signs of fetal distress,  

• Improper use of delivery instruments like forceps or vacuum extractors,  

• Failure to perform a timely cesarean section (C-section),  

• Inadequate treatment of maternal infections during pregnancy, and 

• Medication errors or anesthesia mistakes.

Children with cerebral palsy may experience muscle stiffness, difficulty walking, coordination problems, speech delays, or intellectual disabilities. Because CP often requires lifelong care, including therapy, assistive devices, and medical treatment, legal claims may seek compensation for long-term medical expenses and support.

Hypoxic Ischemic Encephalopathy (HIE)

Hypoxic ischemic encephalopathy, commonly known as HIE, occurs when a baby’s brain doesn’t receive enough oxygen and blood flow during birth. This oxygen deprivation can cause severe brain damage and lead to developmental delays, seizures, cerebral palsy, or even death. HIE is frequently the result of medical negligence, including:

• Failure to detect or respond to umbilical cord complications (such as cord prolapse or nuchal cord), 

• Delayed emergency cesarean section despite clear signs of fetal distress, 

• Improper management of prolonged or arrested labor, 

• Failure to monitor and address maternal blood pressure issues, 

• Inadequate resuscitation of the newborn, and 

• Placental abruption that was not properly managed.

Time is critical when dealing with fetal distress. Medical professionals have a duty to recognize warning signs and act quickly to prevent oxygen deprivation. When they fail to do so, the consequences can be catastrophic. 

Brachial Plexus Injuries (Including Erb’s Palsy)

The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand. Brachial plexus injuries occur when these delicate nerves are stretched, compressed, or torn during a difficult delivery. 

Erb’s palsy is the most common type of brachial plexus injury. It affects the upper nerves and causes weakness or paralysis in the affected arm. 

These injuries typically result from excessive force during delivery, often associated with: 

• Shoulder dystocia (when the baby’s shoulder becomes stuck behind the mother’s pubic bone), 

• Improper use of forceps or vacuum extraction, 

• Excessive pulling or twisting of the baby’s head and neck during delivery, 

• Failure to properly assess risk factors for shoulder dystocia (such as large baby size or maternal diabetes), and 

• Failure to recommend or perform a cesarean section when vaginal delivery poses risks. 

While some brachial plexus injuries heal with physical therapy, severe cases can result in permanent disability and lifelong limitations, which requires multiple surgeries. Children with Erb’s palsy may experience reduced range of motion, muscle weakness, and developmental challenges. 

Shoulder Dystocia Complications

Shoulder dystocia is a serious obstetric emergency that occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. This complication can lead to oxygen deprivation, brachial plexus injuries, fractured bones, and even death if not managed properly. While shoulder dystocia itself may not always be preventable, medical professionals are trained to identify risk factors and use appropriate techniques to safely deliver the baby.

Medical negligence in shoulder dystocia cases may include: 

• Failure to identify risk factors during prenatal care (macrosomia, gestational diabetes, previous shoulder dystocia), 

• Failure to recommend a cesarean section when risks are high, 

• Excessive traction or pulling on the baby’s head and neck, 

• Failure to properly perform established maneuvers designed to release the shoulder (such as the McRoberts maneuver or suprapubic pressure), 

• Lack of preparation or training in emergency shoulder dystocia protocols, and 

• Delay in calling for additional assistance or expertise.

When shoulder dystocia is mismanaged, the consequences can be devastating, including permanent nerve damage, brain injuries from oxygen deprivation, and fractures. 

Brain Hemorrhage

Intracranial hemorrhage, or bleeding in the brain, can occur during pregnancy, labor, or delivery and may result from trauma, oxygen deprivation, or blood clotting disorders. It can cause long-term neurological damage, developmental disabilities, seizures, and cognitive impairments. 

Brain hemorrhages in newborns may be caused by medical negligence, such as: 

• Excessive force during delivery, particularly with forceps or vacuum extractors, 

• Failure to monitor and treat maternal conditions like preeclampsia or blood clotting disorders, 

• Prolonged labor without intervention, 

• Failure to detect and respond to signs of fetal distress, and

• Trauma during a difficult or complicated delivery.

Premature infants are at higher risk for certain types of brain hemorrhages, which makes proper monitoring and care even more critical. When medical providers fail to exercise reasonable care and a newborn suffers a brain hemorrhage, families may be entitled to significant compensation. 

Fractures

Bone fractures during childbirth are more common than many parents realize, particularly in difficult or emergency deliveries. The most frequently fractured bones are the clavicle (collarbone), the skull, and the humerus (upper arm bone). While some fractures may heal without complications, others can lead to permanent deformities, nerve damage, and ongoing pain.

Birth-related fractures often occur due to: 

• Excessive force during delivery, especially when using forceps or vacuum extraction, 

• Improper handling of shoulder dystocia,  

• Twisting or pulling the baby’s body inappropriately during delivery, 

• Breech deliveries that are not properly managed, 

• Failure to recommend a cesarean section when the baby is too large for safe vaginal delivery, and 

• Lack of training or experience in complex delivery situations.

While clavicle fractures often heal relatively well, they can still cause significant pain to the newborn and may be accompanied by nerve damage, particularly to the brachial plexus. In cases where fractures result from negligent delivery techniques or excessive force, families deserve compensation for their child’s pain, medical treatment, and any long-term complications. 

Severe Infections Caused by Delayed Diagnosis or Treatment

Infections during pregnancy, labor, or the immediate postpartum period can pose serious risks to both mother and baby. When healthcare providers fail to promptly diagnose and treat infections, the consequences can be severe, including sepsis, meningitis, pneumonia, and even death. Common infections that require timely intervention include Group B Streptococcus (GBS), chorioamnionitis (infection of the amniotic fluid and membranes), urinary tract infections, and sexually transmitted infections.

Medical negligence related to infections may involve: 

• Failure to test for Group B Streptococcus during pregnancy, 

• Failure to administer antibiotics to GBS-positive mothers during labor, 

• Delayed diagnosis of chorioamnionitis or other maternal infections, 

• Failure to recognize signs of neonatal sepsis (such as fever, rapid breathing, or lethargy), 

• Inadequate monitoring of vital signs during labor and delivery, 

• Failure to treat ruptured membranes appropriately, leading to infection risk, and 

• Delay in administering antibiotics or other necessary treatments.

Untreated or delayed treatment of infections can lead to devastating outcomes, including brain damage, hearing loss, developmental disabilities, and organ damage. In the most tragic cases, infections can be fatal to the mother, baby, or both. 

Why Families in Baltimore Turn to a Birth Injury Lawyer

Birth injuries can mean:

  • Lifelong medical treatment,
  • Physical and occupational therapy, 
  • Special education services, 
  • Home modifications, and 
  • Lost income for caregiving parents.

The financial and emotional burden can be overwhelming. An experienced birth injury lawyer works to recover compensation for medical expenses, future care costs, pain and suffering, and other damages under Maryland law.

At The Law Offices of Nicholas A. Parr, we understand how deeply personal these cases are. Families deserve answers and accountability when preventable medical mistakes harm their child.

How Do Birth Injury Lawyers Prove Negligence?

Birth injury cases in Maryland fall under medical malpractice law. To succeed in a claim, an attorney must show:

  1. A doctor or medical provider owed a duty of care,
  2. That provider breached the accepted standard of care,
  3. The breach directly caused the child’s injury, and
  4. The injury resulted in damages.

These cases often require extensive review of medical records, consultation with medical experts, and detailed analysis of labor and delivery procedures.

Why Choose The Law Offices Of Nicholas A. Parr for Your Birth Injury Case?

Birth injury cases are among the most complex and emotionally challenging areas of medical malpractice law. These cases require not only legal expertise but also a deep understanding of obstetrics, neonatology, and the standard of care expected from healthcare providers. At The Law Offices Of Nicholas A. Parr, we bring together the knowledge, resources, and compassion necessary to effectively represent families affected by birth injuries.

Comprehensive Investigation: We conduct thorough investigations into the circumstances surrounding your child’s injury, including reviewing medical records, consulting with leading medical experts, and identifying all potentially liable parties.

Access to Top Medical Experts: We work with renowned obstetricians, neonatologists, neurologists, and other specialists who can provide authoritative testimony about the standard of care and how negligence caused your child’s injuries. 

Personalized Attention: We understand that every family’s situation is unique. You will receive individualized attention and clear communication throughout the legal process, and we are always available to answer your questions and address your concerns. 

Proven Track Record: Our firm has successfully represented numerous families in birth injury cases, securing substantial compensation to cover medical expenses, therapy, adaptive equipment, lost wages, and pain and suffering. 

No Fees Unless We Win: We handle birth injury cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. This ensures that quality legal representation is accessible to all families, regardless of financial circumstances. 

Speak With a Baltimore Birth Injury Attorney Today 

If your child suffered a birth injury due to medical negligence, time is of the essence. Maryland law imposes strict deadlines for filing medical malpractice claims, and waiting too long can jeopardize your right to compensation. The sooner you contact an experienced birth injury attorney, the sooner we can begin investigating your case, preserving critical evidence, and building a strong claim on your behalf. 

At The Law Offices Of Nicholas A. Parr, we are committed to fighting for justice for families in Baltimore and throughout Maryland. We understand the challenges you face, and we are here to provide the legal support and guidance you need during this difficult time. Your child deserves the best possible care and the brightest possible future, and we are dedicated to helping you secure the resources necessary to make that happen. 

Contact us today for a free, confidential consultation. There is no obligation, and we will review your case, answer your questions, and explain your legal options. Let us help you hold negligent medical professionals accountable and fight for the compensation your family deserves.

DON’T WAIT ANY LONGER

Call today for a free consultation. We don’t receive a fee unless we win.

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