Protecting Your Newborn: Pursuing Compensation for Birth Trauma Injuries

May 09, 2023
  • Welcoming a newborn into your family is a joyous occasion filled with hopes and dreams for the future. However, when birth trauma injuries occur, the experience can quickly become overwhelming and devastating for both parents and child. Birth trauma refers to any injury sustained by an infant during the birth process, and it can have long-lasting physical, emotional, and financial consequences.

    In this article, we will discuss the importance of protecting your newborn’s rights and pursuing compensation for birth trauma injuries. We will explore the common types of birth trauma injuries, the potential causes, and the legal options available to families in such situations. Remember, seeking justice is not just about financial compensation; it’s about holding responsible parties accountable and ensuring a secure future for your child.

    Common Types of Birth Trauma Injuries

    Birth trauma injuries can range from minor bruises and cuts to severe conditions that may require ongoing medical care. Some common types of birth trauma injuries include:

    1. Brachial Plexus Injuries: These occur when the nerves that control the movement of the arm are damaged during delivery, often due to excessive force or improper handling by medical professionals.
    2. Cerebral Palsy: A neurological disorder that affects muscle coordination and body movement, often caused by oxygen deprivation or head trauma during birth.
    3. Bone Fractures: These can occur when excessive force is used during delivery, leading to broken bones, particularly in the collarbone or skull.
    4. Facial Paralysis: Damage to facial nerves during delivery can result in temporary or permanent paralysis of facial muscles.
    5. Perinatal Asphyxia: Insufficient oxygen supply to the baby’s brain during birth can lead to brain damage and lifelong disabilities.

    Causes of Birth Trauma Injuries

    Several factors can contribute to the occurrence of birth trauma injuries. Some of the common causes include:

    1. Misuse of Medical Instruments: Improper use of forceps, vacuum extractors, or other delivery tools can cause injuries to the infant.
    2. Delayed or Inadequate Emergency Care: Failing to recognize and respond promptly to complications during childbirth can result in birth trauma injuries.
    3. Failure to Monitor Fetal Distress: Inadequate monitoring of the baby’s heart rate and oxygen levels can lead to oxygen deprivation and other birth-related complications.
    4. Negligence or Medical Errors: Errors in medication administration, incorrect dosages, or misdiagnosis during pregnancy or delivery can have serious consequences.

    Pursuing Compensation for Birth Trauma Injuries

    If your newborn has suffered birth trauma injuries, it is crucial to understand your legal rights and options for pursuing compensation. Here are a few steps to consider:

    1. Consult an Experienced Birth Injury Attorney: Seek legal advice from a knowledgeable attorney who specializes in birth injury cases. They will guide you through the legal process and ensure your rights are protected.
    2. Gathering Evidence: Collect all relevant medical records, including prenatal care, labor, and delivery records. These documents will help establish a timeline and identify any negligence or medical errors that contributed to the birth trauma injuries.
    3. Expert Medical Evaluation: Consult with medical experts who can provide an objective assessment of your child’s injuries and determine the long-term impact on their quality of life. Their evaluations will strengthen your case and help establish the need for compensation.
    4. Filing a Lawsuit: Your attorney will help you file a medical malpractice lawsuit against the responsible party, which could be a healthcare professional, hospital, or other involved parties. They will guide you through the legal process, negotiate on your behalf, and fight for your rights in court if necessary.


    When birth trauma injuries occur, it is essential to take action to protect your newborn’s rights and secure their future.

    By pursuing compensation for birth trauma injuries, you not only seek financial support for medical expenses and future care but also hold responsible parties accountable for their actions. Remember, the legal process can be complex and challenging, but with the support of an experienced birth injury lawyer, you can navigate the system and seek justice for your child.

    At Boesen Law, we understand the emotional and financial toll birth trauma injuries can have on families. Our team of dedicated attorneys has extensive experience in handling birth injury cases and advocating for the rights of affected children and their families. We believe in fighting for the compensation and support your child deserves.

    If your newborn has suffered birth trauma injuries, don’t hesitate to reach out to us. We offer a compassionate and personalized approach to every case, ensuring that you and your child receive the attention and care you deserve. Together, we can work towards securing the best possible outcome and providing your child with a brighter future.

    Remember, you are not alone in this journey. Protecting your newborn’s rights and pursuing compensation for birth trauma injuries is an important step towards ensuring their well-being and quality of life.