Birth Injury Attorneys

Fighting for Families, Seeking Justice for Birth Injuries

Obstetricians, prenatal physicians, delivery room doctors and nurses, and pediatricians all have a responsibility to care for and protect the wellbeing of a pregnant mother and her infant immediately after birth. Throughout this time period, a single critical mistake by any of the medical professionals may harm the child and perhaps the mother in what is known as a birth injury.

If your child has suffered a birth injury, you should notify Hutton & Hutton Law Firm, LLC as soon as you can. Our Wichita birth injury lawyers can help you file a claim in pursuit of total compensation.

Your Child Deserves Justice! If medical negligence caused a birth injury, contact us today for a free consultation. Call (316) 688-1166 now!

Types of Birth Injuries

Birth injuries can vary in severity, from minor conditions that heal over time to life-altering disabilities. Many of these injuries occur due to medical negligence during pregnancy, labor, or delivery. Here are some of the most common birth injuries:

• Cerebral Palsy and Its Causes
  • A neurological disorder that affects movement, muscle tone, and coordination.
  • Often caused by oxygen deprivation, infections, or medical errors during birth.
  • Symptoms may include delayed milestones, muscle stiffness, or involuntary movements.
• Erb’s Palsy and Brachial Plexus Injuries
  • Occurs when the nerves controlling the arm and hand are damaged during delivery.
  • Often results from excessive pulling on the baby’s shoulders or improper use of forceps.
  • Can cause weakness, paralysis, or limited movement in the affected arm.
• Hypoxic-Ischemic Encephalopathy (HIE)
  • A serious brain injury caused by oxygen deprivation during birth.
  • Can lead to seizures, developmental delays, and cognitive impairments.
  • Early intervention, such as cooling therapy, may help reduce long-term damage.
• Skull Fractures and Brain Hemorrhages
  • Can occur from improper use of birthing tools like forceps or vacuum extractors.
  • May result in bleeding in the brain, seizures, or permanent brain damage.
• Spinal Cord Injuries During Delivery
  • Caused by excessive force or improper positioning during delivery.
  • Can lead to paralysis or lifelong mobility issues in severe cases.

Medical Negligence in Birth Injuries

Medical professionals must follow strict protocols to ensure the safety of both mother and child. When they fail to meet these standards, birth injuries can occur due to:

• Failure to monitor fetal distress – Not detecting low oxygen levels or irregular heartbeats.
• Delayed or improper C-section decisions – Waiting too long to perform a necessary C-section.
• Misuse of forceps and vacuum extractors – Applying excessive force, leading to head or nerve injuries.
• Medication errors – Administering dangerous drugs during pregnancy or labor that harm the baby.

Who Can Be Held Liable in a Birth Injury Case?

Multiple parties may be responsible for a preventable birth injury, including:

• Obstetricians and delivery doctors – If they made poor medical decisions or failed to act in time.
• Nurses and midwives – If they failed to properly monitor the baby’s condition or administer care.
• Hospitals and medical facilities – If the hospital had inadequate staff, faulty equipment, or unsafe policies.
• Pharmaceutical companies – If they produced dangerous medications that led to birth injuries.

If you suspect that medical negligence caused your child’s birth injury, you have the right to seek justice. An experienced birth injury attorney can help you determine liability and fight for the compensation your family deserves.

Reasons Birth Injuries Occur

Any sort of health problem that harms a child but should have been preventable is considered a birth injury. While this is somewhat of a broad definition, there are specific birth injuries that occur more often than others. The root at each one is medical negligence, either in the form of carelessness, unpreparedness, fatigue, or professional ineptness.

The five most common sources of preventable birth injuries include, in no particular order:

1. Twisting or pulling a child during delivery.
2. Inappropriate use of tools used to assist birthing.
3. Dangerous medication use on mother during pregnancy or labor.
4. Improper monitoring of infant’s vitals during delivery.
5. Failed C-section surgery, or lack of using one when necessary.

How a Birth Injury May Harm a Child

A physical birth injury may be readily apparent in your child. Excessive or unsafe pulling during delivery, for example, can cause Erb’s palsy, or paralysis of the newborn’s arm. Other forms of birth injury may be more subtle and affect the infant’s mind, sometimes due to oxygen deprivation during pregnancy and birthing. The result may cerebral palsy or other similar conditions.

Your child may exhibit the following mental deficiencies if they have suffered a birth injury:

• Difficulty learning to talk or walk
• Apparent inability to recognize faces of parents
• Drastic mood swings in toddlers
• Lack of sensitivity to pain

Birth injuries must be diagnosed and addressed as soon as possible. A delay in treatment could cause what was once a temporary issue into a lifelong disability. If you suspect that your newborn has been hurt in any way during delivery or pregnancy, please consult with your pediatrician as soon as you can.

Frequently Asked Questions (FAQ) About Birth Injury Lawsuits

How do I know if my child’s condition was caused by a birth injury?

• If your child is experiencing developmental delays, difficulty moving, or unusual health issues, a birth injury may be the cause. A medical evaluation and legal review can help determine if negligence played a role.

What is the difference between a birth defect and a birth injury?

• Birth defects are usually caused by genetic or environmental factors during pregnancy.
• Birth injuries occur due to medical negligence or trauma during labor and delivery and are often preventable.

How long do I have to file a birth injury lawsuit?

• Each state has a statute of limitations for filing a birth injury claim. In many cases, parents have two years from the date of injury, but exceptions may allow more time if the injury wasn’t immediately discovered.

Can a birth injury affect my child’s life long-term?

• Yes. Some birth injuries, like cerebral palsy or brain damage, can result in lifelong medical needs, therapy, and special education. Early intervention is crucial for improving outcomes.

What types of damages can I recover in a birth injury lawsuit?

Compensation may include:

• Medical expenses (past and future treatments)
• Therapy and rehabilitation costs
• Pain and suffering
• Loss of quality of life
• Specialized education or caregiving needs

What if my doctor told me my child’s injury was unavoidable?

• Doctors and hospitals may try to downplay responsibility. However, a second opinion and legal investigation can reveal if proper care was provided or if negligence played a role.

Will I have to go to court if I file a birth injury claim?

• Not always. Many cases settle out of court, but if the insurance company refuses to offer fair compensation, your lawyer may recommend going to trial.

Decades of Experience & Hundreds of Victories

The hard work we do here at Hutton & Hutton Law Firm, LLC is not as important as the people we help. Each step we take in your case is pointed towards one goal: the total and fair compensation you and your child require and deserve. In the past, we have recovered more than $400 million for our clients through verdicts and settlements.

Fight for Your Child’s Future! Don’t wait—contact us to discuss your legal options. Call (316) 688-1166 for experienced legal help.