Birth Injury Law

The birth of a child should be a moment of profound happiness. But when medical professionals fail in their duty, families are left grappling with the trauma of injury instead of celebrating a new life. At The Law Office of Miller & Gaudio PC, we help families who suspect their child’s injuries were the result of medical malpractice during pregnancy, labor, or delivery. Our experienced team provides the legal clarity and emotional support needed to pursue justice and financial security.

 

Understanding Medical Malpractice in Birth Injuries

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected in their field, resulting in harm to the patient. In birth injury cases, that patient is often a newborn who cannot advocate for themselves.

What Makes a Birth Injury Malpractice-Related?

Not all birth injuries are due to malpractice. Some are unavoidable due to natural complications. However, when a doctor, nurse, or hospital fails to take necessary action, misuses medical equipment, or makes diagnostic errors, and a child is harmed as a result, the injury may be classified as malpractice.

 

Types of Preventable Birth Injuries

1. Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a brain injury caused by lack of oxygen during delivery. This condition can lead to long-term neurological impairments, including epilepsy and cognitive delays. Often, it’s the result of failure to monitor fetal distress or delayed C-section responses.

2. Cerebral Palsy

Cerebral palsy affects muscle control and development. It may result from brain damage sustained during labor, especially when oxygen deprivation occurs or infections go untreated during pregnancy. Early signs include poor muscle tone, developmental delays, and coordination issues.

3. Brachial Plexus and Erb’s Palsy

These conditions result from nerve damage in the shoulder area, typically due to excessive force during delivery or failure to manage shoulder dystocia appropriately. A child may suffer from partial or full paralysis in one arm.

4. Skull Fractures and Brain Hemorrhages

Improper use of forceps or vacuum extractors during delivery can cause physical trauma. Skull fractures may go unnoticed at first but can lead to developmental complications or seizures.

5. Meconium Aspiration Syndrome (MAS)

MAS occurs when a baby inhales a mix of meconium (first feces) and amniotic fluid. It’s often preventable through proper monitoring and timely intervention during delivery.

 

Common Causes of Birth Injury Malpractice

1. Delayed or Denied Emergency C-Sections

Doctors must make quick decisions during labor. Delaying a necessary cesarean section can deprive a baby of oxygen and cause irreversible brain damage. We investigate whether fetal distress signs were ignored or misunderstood.

2. Mismanagement of Fetal Monitoring

Fetal heart rate monitoring provides real-time information on the baby’s condition. When staff fails to read or respond to irregular heart rates, it’s often a key contributor to avoidable harm.

3. Poor Prenatal Care and Missed Diagnoses

Many birth injuries originate from pregnancy mismanagement. Failing to detect conditions like gestational diabetes or infections can lead to preventable complications during labor and delivery.

4. Improper Use of Medical Tools

Instruments like vacuum extractors and forceps must be used with extreme care. Incorrect technique or excessive force can cause skull fractures, brain bleeds, and spinal injuries.

 

How Our Firm Identifies Medical Negligence

Case Investigation and Record Review

We start by gathering comprehensive medical records, including prenatal charts, delivery room notes, and NICU reports. Our legal team examines these documents for red flags—missed signs, unexplained delays, or inconsistent documentation.

Expert Medical Consultation

We collaborate with respected obstetricians, neonatologists, and pediatric neurologists to evaluate your case. These experts identify whether the standard of care was breached and if that breach directly caused harm to your child.

Causation and Legal Strategy

We tie the medical errors directly to the injury sustained. Then, we construct a compelling legal argument and prepare for negotiation or trial, depending on the case’s strength and the family’s goals.

 

Legal Options Available to You

Filing a Birth Injury Lawsuit

If we determine that malpractice occurred, we will file a claim on your behalf. This claim may seek compensation from individuals, hospitals, or even medical equipment manufacturers, depending on the cause.

What Is the Process for Filing?

The process of filing a birth injury malpractice claim involves several key stages:

1. Initial Consultation and Case Evaluation
   We begin with a free, no-obligation consultation where we listen to your story, review available documentation, and assess whether your case has the elements necessary for a malpractice claim.
2. Medical Record Collection and Review
   With your authorization, we gather all relevant medical records, including prenatal, delivery, and neonatal care documentation. We also obtain fetal monitoring data, C-section timing logs, and any post-birth imaging or diagnostics.
3. Expert Medical Analysis
   We engage leading medical experts—obstetricians, pediatric neurologists, and neonatologists—who review your case to identify deviations from the standard of care. Their testimony is critical in proving both negligence and causation.
4. Formal Filing of the Legal Complaint
   Once we have sufficient evidence, we draft and file a formal complaint against the liable parties in the appropriate court. This complaint outlines the allegations of negligence and specifies the damages sought.
5. Discovery and Investigation Phase
   Both sides exchange information and conduct depositions. We use this phase to uncover internal hospital policies, staff training records, and previous incidents that may strengthen your claim.
6. Negotiation and Settlement Talks
   Many cases resolve through settlement once the evidence of negligence is clear. We negotiate aggressively on your behalf to ensure you receive full and fair compensation.
7. Trial Preparation and Litigation
   If a settlement cannot be reached, we are fully prepared to take your case to trial. We build a powerful courtroom presentation with expert witnesses, medical exhibits, and compelling narratives about the impact the injury has had on your child’s life.

Who Can Be Held Liable?

Liability may fall on one or more parties:

• The delivering OBGYN
• Nurses or delivery room staff
• The hospital or birthing center
• Pediatric or neonatal specialists
• Third-party service providers

 

Types of Compensation You May Be Entitled To

Economic Damages

These are quantifiable losses, including:

1. Current and future medical expenses
2. Physical and occupational therapy
3. Special education costs
4. Home modifications and adaptive equipment
5. Long-term care and housing support

Non-Economic Damages

These cover emotional and psychological suffering:

1. Pain and suffering of the child
2. Mental anguish of the parents
3. Loss of enjoyment of life
4. Emotional distress and trauma

Punitive Damages

In cases of gross negligence or willful misconduct, courts may award additional damages to punish wrongdoers and deter future malpractice.

 

Why Choose The Law Office of Miller & Gaudio PC?

Experience That Matters

With over 40 years of combined experience in medical malpractice litigation, our attorneys have a proven record of success in birth injury cases. We understand the complexities of medicine and law and know how to bridge the two in court.

Personalized Legal Care

We know this is a deeply personal experience. You will work directly with a lead attorney and a legal nurse consultant to ensure your concerns are heard and your case is prioritized. We’re with you from the first call to the final decision.

Results-Driven and Family-Focused

Our past cases have resulted in multi-million-dollar settlements and verdicts. But more importantly, our clients leave with a sense of justice and the financial support necessary for their child’s care.

 

Our Full-Service Commitment to Your Family

Beyond Legal Representation

We don’t just help you file a lawsuit—we help you navigate a new reality. That includes:

• Connecting you with care coordinators
• Helping you plan structured settlements
• Assisting with special needs trusts
• Providing long-term referrals to educational and therapeutic programs

Post-Settlement Support

After your case concludes, we continue to assist with managing trust funds, understanding government benefits, and addressing any future legal or medical questions that arise.

 

Frequently Asked Questions

What qualifies as a birth injury due to medical malpractice?
A birth injury becomes a malpractice issue when it results from a healthcare provider’s failure to meet the accepted standard of care during pregnancy, labor, delivery, or neonatal care. This can include delayed responses to fetal distress, failure to perform a timely C-section, improper use of delivery tools like forceps or vacuum extractors, or the mismanagement of prenatal complications. If these actions or omissions lead to harm that could have been avoided, the injury may be considered the result of malpractice.

How do I know if my child’s injury was preventable?
Many parents don’t immediately realize their child’s injury could have been prevented. Some signs include a sudden shift to emergency delivery, poor communication from medical staff, inconsistent explanations about what happened during birth, or a diagnosis like cerebral palsy or brachial plexus injury shortly after delivery. If your instincts tell you something was mishandled, it’s worth consulting an experienced birth injury attorney who can investigate your child’s medical records and determine whether negligence occurred.

Can I still file a claim if my child is older and we’re just learning about the extent of their injury?
Yes. In many cases, parents don’t discover the full impact of a birth injury until their child begins missing developmental milestones. Most states allow claims to be filed within a specific period after the injury is discovered, not necessarily from the day it occurred. This is called the “discovery rule.” However, the timeline for filing is limited, so it’s important to act quickly once you suspect malpractice.

Will we have to go to court if we pursue a malpractice claim?
Not necessarily. A large number of birth injury claims are resolved through negotiated settlements before reaching trial. That said, our legal team prepares every case as if it will go to court. This allows us to build the strongest possible claim and gives us leverage in settlement negotiations. If a fair settlement cannot be reached, we are fully equipped and ready to present your case to a jury.

How much does it cost to hire The Law Office of Miller & Gaudio PC?
There is no cost to you upfront. We work on a contingency fee basis, which means we only get paid if we successfully recover compensation on your behalf. This structure ensures that every family has access to skilled legal representation, regardless of financial circumstances.

 

Contact The Law Office of Miller & Gaudio PC Today

If your child suffered a birth injury and you believe negligence was involved, contact The Law Office of Miller & Gaudio PC today. We offer free consultations and will guide you through every step of the process with care, clarity, and commitment.

You have one chance to get this right. Let us help you do it.