The birth of a child is meant to be one of the most joyous moments in a family’s life. However, when medical negligence leads to a preventable injury, that joy can quickly turn into pain, confusion, and uncertainty. Birth injuries not only impact newborns but also place a heavy emotional and financial burden on their families. This is where experienced birth injury attorneys step in—to fight for justice, accountability, and the resources families need to care for their child’s future.
Understanding Birth Injuries and Their Causes
A birth injury refers to any physical damage sustained by a baby before, during, or immediately after childbirth. While some injuries are unavoidable, many are caused by medical errors that could have been prevented if healthcare providers had acted with appropriate care. Birth injury attorneys specialize in identifying when negligence played a role and in holding medical professionals accountable for their mistakes.
Common causes of birth injuries include improper use of delivery instruments like forceps or vacuum extractors, failure to monitor fetal distress, delayed C-sections, and mismanagement of maternal infections or complications. These errors can result in severe, lifelong conditions that affect a child’s ability to grow, learn, and live independently.
Common Types of Birth Injuries
Birth injuries can vary in severity—from temporary bruising to permanent neurological impairment. Some of the most common injuries that lead families to seek help from birth injury attorneys include:
Cerebral Palsy: A neurological disorder often caused by oxygen deprivation during labor. It can lead to impaired muscle coordination, difficulty walking, and lifelong physical disabilities.
Brachial Plexus Injuries (Erb’s Palsy): Damage to the network of nerves controlling the shoulder and arm, often occurring during difficult deliveries when excessive force is used.
Brain Damage: Prolonged lack of oxygen or trauma during birth can cause lasting brain injuries that affect cognitive and physical development.
Fractures and Broken Bones: Improper handling during delivery can cause bone fractures, especially in large infants or complicated births.
Spinal Cord Injuries: Though rare, these injuries can occur if excessive force is applied during delivery, leading to paralysis or lifelong mobility challenges.
The Role of Birth Injury Attorneys
Birth injury attorneys are highly skilled legal professionals who combine medical knowledge with legal expertise to build strong cases for families affected by medical malpractice. They work closely with medical experts to review hospital records, delivery reports, and test results to determine if the healthcare team failed to meet the accepted standard of care.
These attorneys understand that no amount of money can undo the pain caused by a preventable birth injury. However, financial compensation can make a critical difference—covering lifelong medical care, physical therapy, adaptive equipment, and educational support for the injured child. They also seek damages for emotional distress, loss of future earning potential, and the impact on the family’s quality of life.
Proving Medical Negligence in Birth Injury Cases
To win a birth injury lawsuit, your attorney must prove that medical negligence directly caused your child’s injury. This involves four key elements:
1. Duty of Care: The medical provider had a legal obligation to provide care that met professional standards.
2. Breach of Duty: The provider failed to meet that standard, either through action or inaction.
3. Causation: The breach of duty directly led to the child’s injury.
4. Damages: The injury resulted in measurable harm—physical, emotional, or financial.
Establishing these elements requires extensive evidence and expert testimony. Birth injury attorneys work tirelessly to gather and present the facts needed to hold negligent medical professionals accountable.
Why Experience Matters in Birth Injury Cases
Birth injury cases are some of the most complex in medical malpractice law. They require a deep understanding of both medical and legal systems, as well as access to top medical experts who can testify about what went wrong. Experienced attorneys know how to anticipate the strategies of hospitals and insurance companies, ensuring their clients are not taken advantage of during settlement negotiations or in court.
In addition, a skilled attorney can help families plan for their child’s future needs, including setting up trusts, arranging ongoing care, and estimating the lifetime cost of medical and educational support. This ensures that families receive the financial resources necessary to provide their child with the best possible quality of life.
How Birth Injury Attorneys Support Families
From the moment they take on a case, birth injury attorneys act as compassionate advocates for the families they represent. They handle all legal complexities, allowing parents to focus on their child’s recovery. Attorneys communicate with medical institutions, gather expert opinions, and negotiate settlements on behalf of their clients.
Most birth injury lawyers operate on a contingency fee basis, meaning families pay nothing upfront. The attorney only receives payment if they successfully recover compensation. This arrangement ensures that all families—regardless of financial situation—can access justice when faced with medical negligence.
Why Choose Moseley Collins Law
Moseley Collins Law is one of the nation’s leading firms in handling complex birth injury and medical malpractice cases. With decades of experience, the firm has built a reputation for compassion, integrity, and results. Their legal team understands the emotional and financial toll that birth injuries take on families, and they work tirelessly to ensure every client receives justice.
The attorneys at Moseley Collins Law collaborate with top medical experts and use cutting-edge investigative techniques to uncover evidence of negligence. They have successfully secured millions in verdicts and settlements, helping families rebuild their lives after tragic medical errors.
When you choose Moseley Collins Law, you’re not just hiring an attorney—you’re partnering with a team dedicated to fighting for your child’s future and holding negligent medical providers accountable.
Moseley Collins Law
656 S Los Angeles St #410, Los Angeles, CA 90014
(213) 600-7000