Welcoming a child should be one of the happiest moments in a family’s life. But when medical mistakes occur during pregnancy, labor, or delivery, the results can be devastating. Birth injuries can leave lifelong physical, emotional, and financial challenges for both the child and parents.
The medical malpractice lawyers at Hare Wynn have represented Alabama families for generations. With over 135 years of history, the firm understands how complex these cases can be and how important it is for families to know their rights under Alabama law.
What Are Birth Injuries?
A birth injury refers to harm suffered by a newborn or mother during labor and delivery. Some injuries occur because a healthcare provider failed to meet the accepted standard of care.
Common examples of preventable birth injuries include:
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- Cerebral palsy caused by oxygen deprivation
- Brachial plexus injuries or shoulder dystocia from improper delivery techniques
- Fractures or nerve damage from the misuse of forceps or vacuum extractors
- Brain injuries due to delayed C-section in the face of fetal distress
- Death of the child
- Maternal complications caused by undiagnosed conditions or medication errors
When medical negligence is the cause, families may have the right to seek compensation.
When Does a Birth Injury Become Medical Negligence?
Not every adverse outcome is malpractice. Under the Alabama Medical Liability Act (AMLA), families must show that the healthcare provider failed to act as a reasonably skilled professional would have under similar circumstances.
Examples of negligent actions include:
- Failing to monitor or respond to fetal distress
- Delaying an emergency C-section
- Misusing delivery tools, such as forceps or vacuum extractors
- Prescribing unsafe medications to a mother during pregnancy
- Ignoring known maternal health risks, like high blood pressure or gestational diabetes
An experienced attorney can evaluate whether a provider’s conduct fell below the standard of care. In many cases, lawyers work with medical experts to review records and determine if negligence occurred.
Alabama Laws on Birth Injury Claims
Birth injury cases in Alabama fall under the AMLA, which sets strict requirements:
- Statute of limitations: Most claims must be filed within two years of the malpractice. There are a few exceptions to this general rule, however. For example, if a child is less than four years old when injured due to medical malpractice, a suit may be filed anytime until the child’s eighth birthday.
Meeting these deadlines is crucial. Missing them may bar a family from filing a claim, regardless of the severity of the injury.
Damages Available in Birth Injury Cases
Families who succeed in a medical malpractice claim may recover compensation for:
- Economic damages
Medical bills, rehabilitation, long-term care, and future costs like special education or assistive technology.
- Non-economic damages
Pain, suffering, emotional distress, and reduced quality of life.
- Wrongful death damages
In Alabama, only punitive damages are available if a birth injury leads to a child’s death, intended to punish negligence and deter future harm.
Steps Families Should Take If They Suspect Negligence
If you believe a birth injury was caused by malpractice, consider the following steps:
- Seek immediate medical care from another provider if needed.
- Request complete medical records, including fetal monitoring strips, delivery notes, and prescriptions.
- Document everything – symptoms, complications, conversations with providers, and expenses.
- Avoid discussing the situation publicly, especially on social media.
- Consult with a skilled lawyer who has extensive experience handling medical malpractice cases in Alabama.
Contact Medical Malpractice Lawyers at Hare Wynn Today
Birth injuries caused by medical negligence can have lifelong consequences, but families are not without options. With a long tradition of advocacy, Hare Wynn continues to stand beside parents and children affected by preventable medical errors.
If you believe your family has been impacted by medical negligence during pregnancy, labor, or delivery, contact Hare Wynn today for a free, confidential consultation.
FAQs About Birth Injuries and Medical Neglect in Alabama
- Are all birth injuries considered medical malpractice in Alabama?
No. According to the law in Alabama, a claim must show that a healthcare provider failed to meet the acceptable medical standard of care and that this failure is what directly caused the injury.
2. What types of medical mistakes can lead to birth injuries?
Common causes, such as failure to monitor fetal distress, delayed emergency C-sections, improper use of delivery tools, prescribing unsafe medications during pregnancy and/or ignoring maternal health risks.
3. What if my child’s injury wasn’t diagnosed right away?
Some birth injuries, such as those involving developmental delays or neurological damage, may not be immediately apparent and in such cases, an attorney can assist to evaluate whether the delayed discovery affects the of limitations in your case.
4. How long do I have to file a birth injury lawsuit in Alabama?
Most medical malpractice claims must be filed within two years, however if the injured person recognized is under four years old, Alabama law may allow the claim to be filed up until the child’s eighth birthday.
5. What should I do if I suspect medical negligence caused my child’s injury?
You should seek medical care, request all medical records, document symptoms and expenses and consult with a qualified medical malpractice attorney as soon as possible.
6. What compensation is available in Alabama birth injury cases?
Families may seek compensation for medical costs, ongoing and future care, rehabilitation needs, pain and suffering, emotional harm and loss of quality of life. However when a birth injury results in a child’s death, Alabama law limits recovery to punitive damages only.
