Birth injuries are among the most heartbreaking events that can affect families. In the U.S., the neonatal birth trauma rate increased by 23% from 2006 to 2014, with a major trauma rate of 4.67 per 1,000 hospital births.
Major birth traumas are associated with a higher risk of complications like hypoxic-ischemic encephalopathy (HIE) (a lack of oxygen to the brain). This can cause cognitive impairments, seizures, and conditions like cerebral palsy that affect your child’s quality of life.
If your baby suffered an injury at birth and you suspect it was due to improper medical care, you need strong legal representation. Our experienced New Orleans birth injury lawyers at Dudley DeBosier can help you hold the negligent provider responsible and get you fair compensation for your baby’s future.
Types of Birth Injuries and Their Consequences
In New Orleans, mothers and their babies often receive inadequate medical care during delivery. A 2019 exposé found that Touro Infirmary had a 2.8% maternal morbidity rate, compared to 1.6% for Louisiana.
Maternal risk factors can increase the risk of the following birth injuries for newborns:
| Condition | Description | Complications |
| Cerebral Palsy and Brain Damage | A neurological disorder affecting muscle coordination and movement. | Motor disabilities, cognitive impairments, and sensory issues. |
| Erb’s Palsy and Shoulder Dystocia | Injury to the brachial plexus nerves due to improper handling or excessive pulling on the shoulders. | Weakness or loss of movement in the arm, permanent disability. |
| Hypoxic-Ischemic Encephalopathy (HIE) | Brain dysfunction is caused by reduced blood flow and oxygen at birth. | Developmental delays, cerebral palsy, epilepsy, cognitive issues. |
| C-Section-Related Birth Injuries | Injuries that occur during or as a result of cesarean sections, such as surgical cuts or infections. | Scarring, increased risk of future surgical complications, delayed bonding or breastfeeding issues. |
Birth Injuries and Medical Negligence
Although medical negligence is a major cause of birth injuries, not all damages are due to improper care. Congenital disabilities like Down Syndrome or spina bifida can stem from genetic factors or environmental exposures and occur even with proper medical care during labor and delivery.
Our birth injury attorneys can check your medical records to see if medical malpractice occurred and help you seek compensation. This includes looking for signs of medical negligence, such as:
- Delayed delivery, potentially leading to oxygen deprivation for the baby
- Improper use of vacuums or forceps causing conditions like Erb’s palsy
- Inadequate monitoring of the baby’s heart rate and missed signs of distress
- Failure to perform a necessary C-section resulting in complications for both mother and baby
- Inadequate response to fetal distress, risking serious injuries such as brain damage
Steps to Take When Pursuing a Birth Injury Claim
Your attorney from Dudley DeBosier can walk you through the legal process to pursue a birth injury claim on your family’s behalf. This includes the following steps:
- Gathering Medical Records and Evidence: Your attorney collects all relevant medical documents that detail your care before, during, and after the birth. Records like diagnostic tests, treatment notes, and delivery logs help establish how providers managed the birth and identify medical errors.
- Consulting with Medical Experts: We work with medical experts such as neonatologists and obstetricians to strengthen your case. They review your medical records to check if the standard of care was not met and provide testimony that shows how the negligence led to the birth injury for insurers or a judge and jury.
- Negotiating with Insurance Companies: This involves negotiating with insurers to secure compensation that covers your family’s expenses and losses due to the injury. We aim for an out-of-court settlement but are prepared to take the case to court if necessary.
Damages in New Orleans Birth Injury Cases
One study found that for babies with major birth trauma, hospital stays increased by 56%, leading to double the typical costs for delivery. In addition to these expenses, your baby may require extensive or long-term medical care, which could lead to considerable financial strain.
Our legal team is dedicated to securing the maximum damages for you, ensuring you receive compensation to cover the lifelong costs associated with your child’s injuries. We assist you in pursuing the following:
- Medical Expenses: Compensation for all medical costs, including immediate and long-term treatments required due to the injury.
- Rehabilitation Services: Covers expenses for physical, occupational, and other therapy services necessary for recovery and development.
- Assistive Devices: Funding for equipment such as wheelchairs, braces, and other devices that aid mobility and daily living.
- Medications: Costs for prescription drugs needed for ongoing treatment and management of symptoms.
- Pain and Suffering: Compensation for physical pain and emotional distress experienced by your child and family.
- Loss of Future Earning Potential: Estimates and compensates for potential earnings lost due to the long-term effects of the injury.
- Emotional Distress: Addresses the psychological impact on your family due to the child’s injuries and care needs.
Consult Our New Orleans Birth Injury Lawyers at Dudley DeBosier
If your child has suffered a birth injury due to preventable medical negligence, please reach out to us to discuss your case. Our experienced and compassionate New Orleans birth injury lawyers are dedicated to fighting for your rights and securing the financial support you need for medical expenses, long-term care, and emotional distress.
Contact us for a free, no-obligation consultation, and start protecting your family’s future today.
