No parent wants to believe that their newborn’s injury could have been avoided—but in many cases, it could have. While not every adverse outcome is due to a medical error, many birth injuries are preventable with proper prenatal care, monitoring, and decision-making during delivery. If you suspect your child’s injury could have been avoided, a birth injury attorney can help investigate what went wrong and whether medical negligence was to blame.
Understanding Preventable Birth Injuries
Birth injuries can result from a range of complications during pregnancy, labor, and delivery. However, when healthcare providers fail to act appropriately—by not monitoring the fetus, delaying a necessary C-section, or using excessive force—they may be liable for medical negligence.
Common preventable birth injuries include:
- Erb’s Palsy – nerve damage from shoulder dystocia or improper pulling
- Cerebral Palsy – often linked to oxygen deprivation
- Fractures or bruising – caused by misuse of forceps or vacuum extraction
- Brain damage – due to failure to monitor fetal distress or delayed delivery
While not all injuries are avoidable, many stem from poor communication, rushed decisions, or failure to follow established protocols. That’s where a birth injury lawyer steps in to help families get answers.
What Constitutes Medical Negligence in Birth Injury Cases?
To pursue a legal claim, a medical negligence attorney must prove that the medical team failed to meet the standard of care expected in similar circumstances. This could include:
- Not identifying risk factors for complicated labor
- Delayed response to signs of fetal distress
- Failure to order a timely C-section
- Inadequate monitoring during labor
- Improper use of delivery tools
If another qualified professional would have acted differently—and that difference could have prevented the injury—it may qualify as negligence.
How Attorneys Build Strong Birth Injury Claims
Successful birth injury claims require detailed investigation and supporting medical evidence. A qualified birth injury attorney will:
- Review prenatal, labor, and delivery records
- Consult with obstetric and pediatric specialists
- Evaluate whether protocols and standards were followed
- Identify the specific action or inaction that caused harm
They will also calculate long-term damages, which may include the cost of ongoing care, therapy, education needs, and loss of quality of life.
Compensation for Preventable Birth Injuries
If negligence is proven, families may be entitled to compensation for:
- Medical expenses (past and future)
- Therapy and rehabilitation
- Special education or care needs
- Emotional pain and suffering
- Loss of earning capacity (for severe lifelong disabilities)
Compensation can help families provide the best possible quality of life for their child—and bring peace of mind by holding negligent providers accountable.
When to Contact a Birth Injury Lawyer
Time is crucial. Arizona has a statute of limitations for medical malpractice claims—typically two years from when the injury was discovered. Birth injury cases are especially complex, and early legal consultation ensures timely filing and proper documentation.
Call to Action
If your child suffered a preventable birth injury in Phoenix, you deserve answers. A skilled birth injury attorney can investigate the care you received and help determine if medical negligence was to blame. Don’t wait—schedule a consultation today and take the first step toward justice.
