Birth Injury


Having a child is one of life’s greatest blessings. Unfortunately, tragedy strikes far too often when a preventable birth injury takes place. The results are devastating and can include the death of a child or a permanent, life-long disability like CP or cerebral palsy. After a child suffers a birth injury, parents are often left unsure of how to deal with the resulting emotional and financial crisis.

At TopDog Law, our birth injury attorneys are legal professionals representing families that have been affected by complications or negligence during childbirth that resulted in injury to the baby or the mother. We handle various types of birth injury claims and are prepared to help you take legal action and give you the support you need during this difficult time.

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James Helm is the founder of TopDog Law Personal Injury Lawyers. James grew up playing sports 24/7. Whether it was football, wrestling, or baseball – James has always loved to compete. He’s taken that same competitive nature and applied it to the courtroom fighting for his clients and building TopDog Law Personal Injury Lawyers from the ground up into the powerhouse law firm it is today.

One thing many people admire about James is that he is a straight shooter. He keeps it real with his clients and isn’t afraid to share his own story of struggle.

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What are the Most Common Types of Birth Injuries?
What Birth Injuries do the Injury Lawyers at
TopDog Law Personal Injury Lawyers Handle?

Birth Injury Lawyers

The most serious birth injury that occurs far too frequently is Cerebral Palsy. Cerebral Palsy, or CP, is not a disease. Rather it is permanent brain damage caused during pregnancy, labor, or delivery by a restricted flow of oxygen to the brain. Cerebral palsy is the most common of all childhood disabilities, and there is no cure. In the United States, approximately 8,000 to 10,000 babies born each year will develop Cerebral Palsy.

Importantly, a mother may not know their child has suffered CP until months or years after birth. If you suspect that your child may have suffered cerebral palsy during birth, it is crucial that you quickly contact the cerebral palsy lawyers at TopDog Law.

Erbs Palsy is another severe birth injury caused by nerve damage around the shoulder or brachial plexus. It is often caused by the forceful removal of a baby during a difficult childbirth. Erbs palsy can result in complete paralysis to the arm and often requires surgery to correct.

Cerebral Palsy Injury Lawyers

Other common types
of injuries

  • Paralysis
  • Meconium aspiration
  • Excessive bleeding
  • Infections
  • Bleeding beneath the scalp or
    inside the skull
  • Skull fractures
  • Clavicle fractures
  • Hypoxia
  • Spinal cord damage
  • Facial paralysis
  • Soft tissue injuries
  • Stillbirth

What are the Signs of
a Birth Injury

Sometimes the signs of a birth injury are
evident immediately after birth. If you
notice any of the below signs, it is best to
be precautionary and reach out to an
attorney as soon as possible.

  • After delivery, the hospital admits
    the baby to the NICU (Neonatal
    Intensive Care Unit).
  • A newborn baby is blue
  • A newborn baby suffers from
    cardiac arrest or a heart attack
  • A baby has a broken arm or leg
  • A baby appears unusually swollen

Could this be Birth Injury Malpractice?

After a devastating birth injury, the parents are left with one question. How could something like this have happened? Too often, the problems during labor and delivery were completely preventable and constituted medical errors.

Some Of The More Common Causes Of Medical Malpractice:

  • Abnormal presentation during delivery
  • Prolonged time in the birth canal
  • Delay or failure to perform a C-section
  • Delay or failure to give the baby oxygen
  • Error in calculating the size of the fetus
  • Failure to respond to signals of distress
    in the fetus
  • Infections in the fetus or mother
  • Improper use or dose of medication
  • Misuse of delivery instruments
Cerebral Palsy and Erbs Palsy Birth Injury Attorneys

How Do You Prove Medical Negligence in a Birth Injury Case?

Proving medical negligence in a birth injury case can be a daunting and complex process, requiring a keen understanding of both medical practices and legal principles. Your birth injury lawyer will begin by establishing that a duty of care existed between the healthcare provider and the patient. In simple terms, this means proving that there was a professional relationship between the healthcare provider and the mother or the baby, thereby imposing a responsibility on the provider to exercise reasonable care.

Medical malpractice lawsuits generally begin by establishing that this duty was breached. This requires showing that the healthcare provider’s actions or lack thereof deviated from the standard of care that other competent medical professionals would have provided under similar circumstances. Generally, this involves obtaining expert testimonies from other medical professionals who can substantiate that the actions taken were indeed negligent or substandard and that they contributed to the child’s injury. Establishing causation often requires evidence that links the negligent act directly to the injury. For example, if a delay in performing a C-section resulted in oxygen deprivation and subsequent brain damage to the baby, medical experts would need to testify that the delay was the direct cause of the injury.

Your lawyer must also demonstrate that the injury resulted in damages. These could include physical damages such as disability, cognitive impairment, or ongoing medical issues requiring treatment. Damages can also include emotional pain and suffering, as well as financial losses such as medical expenses, the cost of future care, and loss of potential earnings.

At TopDog Law, our legal professionals are experienced in handling many kinds of birth injury cases. We will put take charge of gathering the necessary evidence, arranging expert testimonies, and seeking the justice and compensation your family deserves for your child’s birth injury.

How Can a Birth Injury Attorney Help?

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Investigating and Establishing Fault

We have the experience and the resources to thoroughly investigate your birth injury claim. Our lawyers will gather all relevant medical records, consult medical experts, and determine whether the healthcare providers involved breached the standard of care, leading to the injury.

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Valuation of Your Birth Injury Claim

Birth injuries can result in significant, long-term financial burdens. A birth injury attorney can help families understand and calculate the full extent of their current and future damages, including medical expenses, long-term care needs, loss of earning potential, and non-economic damages like pain and suffering.

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Negotiation with Insurance Companies

Our birth injury lawyers are skilled negotiators who can communicate with insurance companies to reach a settlement that adequately compensates the family for their damages, potentially avoiding the need for a trial or a medical malpractice lawsuit.

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Representation in Court

Not every case will result in a birth injury lawsuit. However, if necessary, your lawyer will prepare and present your case in court, advocating on behalf of the family for a fair settlement or judgment. They use their knowledge and experience in both medical and legal matters to communicate the complexities of the case effectively to a judge or a jury.

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Pursuing Justice

Ultimately, a birth injury attorney seeks to hold those responsible accountable for their actions or negligence, delivering justice for the families affected and compensation for the physical and emotional pain that was caused.

How long do I have to file a
Birth Injury Lawsuit?

The statute of limitations for birth injuries varies depending on your state’s laws. In many cases, the statute of limitations for birth injury lawsuits begins to run once the injury is discovered. If your child suffered birth injuries, consult a lawyer at TopDog Law for more information about your legal rights.

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How Much Does It Cost to
Hire the Birth Injury
Attorneys at TopDog Law Personal Injury Lawyers?

The short answer is nothing. Our birth injury & cerebral palsy lawyers work on a contingency basis, meaning they do not get paid unless you get paid. We also cover all the up-front costs for expenses like experts who we will use to testify on your behalf. Therefore, we have every incentive to ensure that we win and get you the most compensation possible for your injury. CALL 844-576-2116 and tell us your story today.

Birth Injury Lawyers Near Me

TopDog Law has easy-to-access offices across the country. We also pride ourselves in being a text message away. Our lawyers routinely travel to meet clients in their homes or close to their homes. Do not hesitate to reach out if you are unable to travel to one of our locations. Reach out to a personal injury lawyer.

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