Arkansas Birth Injury Attorney

At Brown Trial Firm, we’re committed to helping you find the answers to your questions so you can begin the process of recovering the compensation your child needs to thrive. We understand the pain, worry and confusion that accompany a birth injury, and we’re determined to help you every step of the way. Together, we’ll explore your legal options and take the journey toward healing, recovery and justice for your child and family.

My baby has a birth injury. Could it have been caused by medical negligence?

Not all birth injuries are preventable or caused by medical errors, but unfortunately, many are. If your baby is suffering from one of these common birth injuries, it could be the result of medical negligence:

• Hypoxic-ischemic encephalopathy (HIE). HIE is a type of brain dysfunction caused by a lack of oxygen and blood flow to the brain around the time of birth. It can result in permanent brain damage, developmental delays and other long-term disabilities.
• Cerebral palsy. Often resulting from a lack of oxygen to the brain during pregnancy or birth, cerebral palsy affects muscle tone and coordination, causing lifelong movement disorders and other health issues.
• Brachial plexus injuries. These injuries, like Erb’s palsy, involve damage to the nerves that control the arms and hands and can occur when there’s difficulty delivering the baby’s shoulder, known as shoulder dystocia.
• Fractures. Commonly affecting the clavicle or collarbone, fractures can occur during a difficult delivery or when birth-assisting tools like forceps are used improperly.
• Spinal cord injuries. These can result from traumatic stretching or twisting during birth or the use of forceps and can lead to permanent damage or paralysis.
• Facial nerve injury. Often caused by the use of forceps or pressure on the baby’s face during birth, this injury can lead to temporary or permanent facial muscle weakness.
• Kernicterus. A severe form of jaundice, kernicterus occurs when bilirubin accumulates in the brain, potentially causing permanent brain damage.
• Caput succedaneum. Caput succedaneum refers to the swelling of a newborn’s scalp that appears as a soft lump on their head. It’s often caused by vacuum extraction or by the pressure exerted on the head during a vaginal delivery and typically resolves on its own within a few days.
• Cephalohematoma. A cephalohematoma is the collection of blood between a baby’s skull and the periosteum, the membrane covering the bones. It usually occurs due to the pressure exerted on the baby’s head during delivery, and though it generally does not cause lasting harm, it may take weeks or months to fully disappear.
• Intracranial hemorrhage. Intracranial hemorrhage involves bleeding within the brain and can be caused by a traumatic birth, especially when vacuum extractors are used. It can lead to long-term neurological complications and requires immediate medical attention.

What is the greatest risk factor for birth injuries?

Birth injuries can be complex and multifactorial, with various risk factors that can involve the mother, baby, and healthcare providers. Here’s a breakdown of some of the primary risk factors:

Recognizing and managing these risk factors requires a coordinated approach among the healthcare team, including careful monitoring, timely intervention, and personalized care based on the unique characteristics and needs of the mother and baby. When medical professionals fall short of these responsibilities, legal recourse might be a necessary step to ensure accountability and provide support for the affected families.

How can a birth injury lawsuit help my child?

A birth injury lawsuit can be a significant step for families who have experienced trauma and hardship due to a birth injury caused by medical negligence or malpractice. 

Here are some of the ways that pursuing a lawsuit might help your child and your family:

• Compensation for medical expenses. Birth injuries often require extensive medical care, therapies and ongoing treatments. A successful lawsuit can provide compensation to cover these costs, both immediate and long-term.
• Funding for specialized care. If your child needs specialized care, therapy or equipment, a lawsuit can help secure the funds to provide those essential services, contributing to a better quality of life.
• Future financial security. A birth injury might have lifelong implications, affecting your child’s ability to work or live independently in the future. Compensation from a lawsuit can be set aside to provide financial security and support for your child’s long-term needs.
• Emotional closure. Pursuing a lawsuit can help provide a sense of justice and closure. Holding those responsible accountable can be an essential part of healing and moving forward for many families.
• Awareness and promoting change. Your lawsuit might draw attention to negligence or unsafe practices, potentially leading to changes that improve safety and care for others in the future.
• Related family needs. The impact of a birth injury isn’t limited to the child; it affects the entire family. Compensation may also cover counseling, support services, and even lost wages for parents who need to provide full-time care.

While a lawsuit can’t undo the injury, it can be a vital tool in securing the resources and support needed to provide the best possible care and quality of life for your child and your family.