Birth Injury

Common Birth Injuries

Birth injuries can change the course of a child’s life. At Smolen Law, we fight to uncover the truth, hold negligent providers accountable, and secure the resources families need for lifelong care.

• Cerebral Palsy
  Caused by oxygen deprivation or delivery errors, cerebral palsy creates lifelong challenges with movement and coordination. We fight for compensation so families can access therapy, medical care, and support.
• Brachial Plexus Injuries / Shoulder Dystocia
  Excessive pulling or improper techniques can damage the nerves in a baby’s shoulder, leading to partial paralysis or lifelong impairment. We help families pursue justice and the care their child deserves.
• Hip Dysplasia
  Failure to properly monitor or diagnose after breech birth may leave children with untreated hip dysplasia, requiring surgery or long-term therapy. We ensure families have access to care and accountability.
• Hypoxic-Ischemic Encephalopathy (HIE)
  A delayed C-section or missed signs of fetal distress can deprive a baby of oxygen, causing brain damage. We work to uncover what happened and seek financial support for a lifetime of medical needs.
• Birth Trauma from Forceps or Vacuum Use
  Improper use of delivery tools can cause brain bleeds, fractures, or permanent cognitive and physical injuries. We investigate provider errors and fight for accountability.
• Stillbirth or Fetal Death
  Missed complications during pregnancy or delivery can lead to devastating losses. When negligence plays a role, we help families get answers and pursue justice.

Causes of Birth Injuries

Many birth injuries are preventable and often linked to medical negligence. Common causes include:

• Delayed or Missed C-Section: Failing to act quickly when signs of fetal distress appear can lead to oxygen deprivation and brain damage.
• Improper Use of Delivery Tools: Misuse of forceps or vacuum extractors can cause skull fractures, nerve damage, or brain injuries.
• Failure to Monitor Fetal Distress: Ignoring or misreading warning signs on fetal heart monitors can delay critical intervention.
• Oxygen Deprivation (Hypoxia): Prolonged labor, cord complications, or poor monitoring can cut off oxygen supply, resulting in lifelong disabilities.
• Medication & Anesthesia Errors: Mistakes with Pitocin, epidurals, or other drugs can endanger both mother and baby.
• Failure to Diagnose or Treat Maternal Conditions: Untreated infections, gestational diabetes, or preeclampsia can put infants at severe risk.
• Umbilical Cord Complications: Delayed recognition of a prolapsed or wrapped cord can result in catastrophic harm or stillbirth.

Early Signs & Symptoms

Birth injuries can show up immediately or months later. Warning signs include:

• Low Apgar scores, seizures, or difficulty breathing at birth.
• Feeding problems, weak reflexes, or unusual muscle tone.
• Developmental delays or missed milestones in the first year.
• Favoring one side of the body or ongoing stiffness/floppiness.
• Speech, coordination, or mobility difficulties as a child grows.

Early diagnosis and treatment are critical. If you notice these signs, consult a pediatrician and request a full evaluation.

Your Legal Options

To bring a case, families must show:

1. Negligence – A provider failed to meet the standard of care.

2. Harm – The baby suffered significant injury or disability.

3. Preventability – The injury could have been avoided with proper care.