As cerebral palsy attorneys and experienced brain injury lawyers, we understand that risks exist during labor and delivery even in the best of circumstances. When malpractice occurs, however, the risk of injury to the baby and mother can greatly increase.  Most birth trauma cases involving labor malpractice (delivery malpractice) occur because of a failure to monitor the baby in the womb properly for signs of distress, followed by a failure to undertake a timely caesarian section delivery.  Often cerebral palsy is the result of the malpractice. This is when experienced cerebral palsy lawyers are needed.

Birth Trauma Attorney

Medical Negligence and Cerebral Palsy

Fetal wellbeing is assessed by reviewing the fetal heart monitor strips.  If the fetal heart rate is below the normal or shows other abnormalities this could indicate lack of oxygen going to the fetus and ultimately fetal distress.  Since the object of a labor is delivery of a healthy child, fetal distress should lead to prompt interventions to restore fetal wellbeing or quickly deliver the baby, most often by cesarean section. Failure to act appropriately to recognize and respond to fetal heart rate abnormalities can lead to brain damage.  If your child has cerebral palsy, you need to speak with experienced cerebral palsy lawyers.

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Mismanagement of Difficult Birth—Birth Trauma

Many times a difficult birth requires the delivering staff to use forceps, a vacuum extractor or various maneuvers to deliver the child from the mother. For example, sometimes the baby’s shoulder is impeded from delivery by the mother’s pelvis (shoulder dystocia).  If performed improperly, forced or guided extraction can result in permanent nerve injury to the child, such as a brachial plexus injury (Erb’s Palsy). Our firm is experienced in handling birth trauma injuries such as Erb’s Palsy.


Sometimes a baby is born with or quickly develops a yellow tint to the skin referred to as jaundice.  This is caused by an increase in the blood of a toxic substance called bilirubin. Typically, the condition will clear up on its own within days; however, when the levels of bilirubin become too elevated (kernicterus) it can damage the brain and cause cerebral palsy, deafness and other serious disorders.  Thus, health care providers must monitor jaundice carefully and provide treatment when needed to prevent kernicterus from occurring.  As cerebral palsy attorneys, we have successfully handled cases on behalf children who have suffered brain damage due to negligent monitoring and treatment of jaundice.

Birth Defect Lawyer

Sometimes adults make family planning decisions in order to avoid the risk of having a child with a birth defect.  This is especially true among older adults still of childbearing years and persons who have a strong family history of certain genetic disorders.  Occasionally, an elective sterilization is performed negligently and an unwanted pregnancy ensues with a child who is healthy. Other times the child suffers from the very birth defect that the parents sought to avoid through sterilization.  Our cerebral palsy lawyers have successfully handled cases involving failed sterilization.

Additionally, a physician sometimes performs prenatal testing improperly or does not interpret a sonogram correctly, and thereby fails to inform the expectant mother that she may be (or is) carrying a child with significant birth defects.  Again, our team of doctor-lawyers has represented such clients in seeking justice and needed compensation from negligence health care providers.