Childbirth should be a moment of joy — but when a medical team fails to respond appropriately during labor or delivery, the results can be devastating. Many birth injuries are preventable and occur because of delayed emergency care, failure to monitor fetal distress, improper use of delivery tools, or mistakes during a high-risk pregnancy.
Hare Wynn has represented children and parents in birth injury cases across Alabama.
At Hare Wynn, our Birmingham birth injury attorneys represent families across Alabama in complex cases involving hypoxic-ischemic encephalopathy (HIE), cerebral palsy, brachial plexus injuries, delayed emergency C-sections, and NICU errors.
These cases require detailed review of fetal monitoring strips, delivery timelines, cord blood gases, and hospital protocols — and they demand experienced trial lawyers who understand both medicine and the law.
What Our Clients Say
Understanding Birth Injuries
A birth injury is physical harm that occurs to a baby before, during, or immediately after delivery — often as a result of complications during labor and delivery.
Unlike birth defects, which typically develop during pregnancy due to genetic or developmental factors, many birth injuries are caused by preventable medical errors.
When healthcare providers fail to properly monitor fetal distress, delay an emergency C-section, misuse delivery instruments, or mismanage high-risk conditions, the consequences can be life-altering.
Birth injuries may range from temporary complications to permanent disabilities requiring lifelong medical care and therapy.
Common Types of Birth Injuries
Our legal team represents families facing a wide range of birth injuries, including:
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Hypoxic-Ischemic Encephalopathy (HIE)
– A serious brain injury caused by oxygen deprivation before or during delivery. HIE can lead to seizures, developmental delays, or cerebral palsy.
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Cerebral Palsy
– Often associated with oxygen deprivation or traumatic delivery complications. In some cases, CP is linked to preventable failures in monitoring or intervention.
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Brachial Plexus Injuries (Erb’s Palsy)
– Can occur when excessive force is used during shoulder dystocia or difficult deliveries.
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Skull Fractures or Brain Bleeds
– Sometimes caused by improper use of forceps or vacuum extractors.
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Spinal Cord Injuries
– Rare but devastating injuries that may occur during traumatic deliveries.
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Birth Injury Resulting in Wrongful Death
When Does a Birth Injury Become Medical Malpractice?
Not every birth complication is the result of negligence. However, medical malpractice may occur when:
- Warning signs of fetal distress are ignored
- An emergency C-section is unreasonably delayed
- Delivery instruments are used improperly
- High-risk conditions are not appropriately managed
- Newborn complications are not promptly treated in the NICU
Determining whether medical standards were violated requires careful review of fetal monitoring strips, delivery records, and hospital protocols.
When you work with Hare Wynn you get a dedicated birth trauma litigation team that understands OB medicine, fetal monitoring, NICU care, and Alabama liability.
Common Causes of Preventable Birth Injuries in Alabama
Birth injuries often occur when healthcare providers fail to recognize warning signs or respond quickly during labor and delivery. Some of the most common causes of preventable birth trauma include:
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Failure to Properly Monitor Fetal Distress
Electronic fetal monitoring is designed to detect signs that a baby is not receiving enough oxygen. When abnormal heart rate patterns are ignored or misinterpreted, prolonged oxygen deprivation can result in brain injury, including hypoxic-ischemic encephalopathy (HIE) and cerebral palsy.
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Delayed Emergency C-Section
When complications arise — such as placental abruption, umbilical cord compression, uterine rupture, or prolonged fetal distress — immediate surgical intervention may be required. A preventable delay in performing a C-section can significantly increase the risk of permanent injury.
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Shoulder Dystocia and Excessive Traction
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone. If excessive force is used to deliver the baby, it can result in brachial plexus injuries (Erb’s palsy) or permanent nerve damage.
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Improper Use of Forceps or Vacuum Extraction
Assisted delivery tools must be used with precision and only when medically appropriate. Misuse can cause skull fractures, intracranial bleeding, nerve damage, or other traumatic injuries.
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Mismanagement of High-Risk Pregnancies
Conditions such as preeclampsia, gestational diabetes, infection, or large fetal size require careful monitoring and delivery planning. Failure to appropriately manage these risks may contribute to preventable birth injuries.
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NICU Errors and Delayed Newborn Treatment
In some cases, injury occurs or worsens after delivery due to medication mistakes, delayed resuscitation, oxygen mismanagement, or inadequate neonatal care.
Where Birth Injury Cases Arise in Alabama
Birth injury cases can arise in hospitals and medical facilities across Alabama. Labor and delivery units throughout the state vary in staffing levels, access to specialists, and emergency response capabilities — particularly in rural communities where maternity care options may be limited.
Our firm represents families in birth injury cases throughout:
- Jefferson County (Birmingham area)
- Shelby County
- Madison County (Huntsville)
- Montgomery County
- Mobile County
- Tuscaloosa County
- And communities across the Gulf Coast and rural Alabama
Whether a birth injury occurs in a large metropolitan hospital or a smaller regional facility, medical providers are required to meet established obstetric standards of care.
Families in Birmingham and throughout Alabama deserve answers when preventable mistakes occur during labor or delivery.
Who Can Be Held Liable for a Birth Injury in Alabama?
Birth injury cases are often more complex than other types of medical malpractice claims because multiple healthcare providers may be involved in pregnancy care, labor, delivery, and neonatal treatment.
Depending on the circumstances, liability may extend beyond one doctor and may include an entire medical team or facility.
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Obstetricians and Delivering Physicians
OB-GYNs are responsible for recognizing complications, responding appropriately to fetal distress, and making timely decisions about interventions such as emergency C-sections. A failure to act quickly during critical moments can result in catastrophic harm.
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Labor and Delivery Nurses
Nurses play a central role in monitoring fetal heart tracings, reporting changes in a baby’s condition, and escalating concerns when emergencies arise. Breakdowns in communication or delayed responses can contribute to preventable birth injuries.
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Hospitals and Medical Facilities
Hospitals may be held accountable for systemic failures, including:
- Inadequate staffing in labor and delivery units
- Failure to follow established obstetric safety protocols
- Improper training or supervision of medical staff
- Delays in accessing surgical teams or neonatal specialists
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Anesthesiologists and Surgical Teams
In complicated deliveries, anesthesia errors or delays in preparing the operating room can affect the ability to perform a timely C-section or emergency intervention.
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Neonatal and NICU Providers
In some cases, injuries occur or worsen after delivery due to delayed treatment, improper oxygen management, medication errors, or other failures in neonatal intensive care.
Our firm works with medical experts to build strong cases, ensuring that families get the justice they deserve.
How Do You Prove Medical Negligence in a Birth Injury Lawsuit?
Not every difficult delivery results from malpractice. However, medical negligence occurs when doctors, nurses, or hospitals fail to meet the accepted standard of care during pregnancy, labor, delivery, or neonatal treatment.
To succeed in an Alabama birth injury claim, several key elements must be established:
1. A Medical Standard of Care Existed
Healthcare providers are required to follow established obstetric practices, including proper fetal monitoring, timely decision-making, and appropriate emergency response when complications arise.
2. The Standard of Care Was Violated
Negligence may involve preventable mistakes such as:
- Failure to respond to signs of fetal oxygen deprivation
- Delaying an emergency C-section
- Mismanaging shoulder dystocia
- Improper use of forceps or vacuum extraction
- Failure to treat maternal infection or high-risk complications
- Delayed neonatal resuscitation or NICU errors
3. The Violation Directly Caused the Injury
Proving causation in a birth injury case requires a detailed medical investigation. Evidence often includes:
- Electronic fetal monitoring strips
- Labor and delivery timelines
- Umbilical cord blood gas results
- Apgar scores and newborn assessments
- NICU treatment records
- Hospital policies and emergency response procedures
Birth injury cases frequently involve disputes over whether earlier intervention could have prevented permanent harm.
4. The Injury Resulted in Significant Long-Term Damages
Birth injuries can require lifelong care, including:
- Ongoing physical and occupational therapy
- Specialized medical treatment
- Assistive equipment
- Long-term support for developmental disabilities
Families deserve answers and the financial resources necessary to provide the best possible future for their child.
At Hare Wynn, we work with leading obstetric, neonatal, and neurological experts to build strong evidence and pursue accountability through settlement negotiations or trial when necessary.
Birth injury cases are among the most medically and legally demanding claims in Alabama courts, and they require a law firm with the experience and resources to take on hospitals and insurance defense teams in complex litigation.
What Compensation Is Available for Birth Injury Victims in Alabama?
The financial impact of a serious birth injury can be overwhelming. Many children who suffer preventable brain injuries, nerve damage, or other traumatic complications require ongoing medical treatment and specialized support for years — sometimes for life.
In Alabama, families may be entitled to compensation for both current and future losses resulting from medical negligence.
Depending on the circumstances, damages in a birth injury lawsuit may include:
Medical Expenses
- Hospitalization and surgical care
- NICU treatment
- Medications and ongoing specialist care
- Future surgeries or medical procedures
Because many birth injuries result in permanent disabilities, projected future medical costs are often a significant component of a claim.
Rehabilitation and Therapy
Children with HIE, cerebral palsy, or brachial plexus injuries often require:
- Physical therapy
- Occupational therapy
- Speech therapy
- Developmental intervention services
These costs can continue for decades.
Assistive Devices and Home Modifications
Compensation may include funding for:
- Wheelchairs and mobility devices
- Adaptive communication equipment
- Home modifications
- Specialized transportation
Special Education and Long-Term Care
Some children require individualized education plans (IEPs), private educational support, or long-term assisted care.
A birth injury settlement or verdict may account for the lifelong support necessary to provide stability and opportunity.
Lost Income and Caregiver Impact
Parents often reduce work hours or leave employment entirely to care for an injured child. Compensation may include lost income and the economic impact on the family.
Important Note About Alabama Law
Alabama has unique wrongful death laws that allow recovery of punitive damages when negligence results in death. In cases involving fatal birth injuries, the legal framework differs from many other states and requires experienced legal analysis.
Because every case is different, accurately calculating damages in a birth injury claim often requires collaboration with life-care planners, economists, and medical experts.
Why Choose Hare Wynn for your Birth Injury Case?
Proven Results:
We have secured tens of millions in settlements and verdicts for birth injury victims.
Medical Expertise:
We collaborate with doctors and specialists to strengthen your case.
Compassionate Support:
We understand the emotional toll and fight aggressively for your family’s future.
No Fees Unless We Win:
You pay nothing upfront, and we only get paid if we win your case.
National Reputation:
One of our partners, Ashley Peinhardt, has developed a national reputation for her representation of victims in birth injury cases and has been invited to speak nationally and internationally at birth trauma conferences.
Contact Us
If your child suffered a birth injury due to medical negligence, don’t wait to take legal action. Our Birmingham birth injury lawyers are ready to help. Call us today at 205-328-5330 to schedule a consultation and discuss your legal options.
Frequently Asked Questions About Birth Injury Lawsuits in Alabama
How do I know if my child’s birth injury was preventable?
Not every birth complication is caused by negligence. However, a birth injury may be preventable when medical providers fail to respond appropriately to fetal distress, delay an emergency C-section, misuse delivery tools, or ignore warning signs during labor.
A qualified birth injury attorney can review medical records and consult with obstetric experts to determine whether the standard of care was violated.
What is the difference between a birth injury and a birth defect?
A birth injury occurs when a baby is harmed before, during, or immediately after delivery — often due to trauma or oxygen deprivation. A birth defect typically develops during pregnancy and may be genetic or developmental.
This distinction is important because birth injuries are more likely to involve medical negligence.
Can hypoxic-ischemic encephalopathy (HIE) be caused by malpractice?
Yes. HIE occurs when a baby’s brain is deprived of oxygen during labor or delivery. In some cases, HIE is linked to preventable medical errors such as failure to monitor fetal distress or delaying emergency intervention.
Proving malpractice requires detailed review of fetal monitoring strips, delivery timelines, and neonatal records.
Can cerebral palsy be the result of a birth injury?
In some cases, cerebral palsy is associated with oxygen deprivation, untreated fetal distress, or delivery complications. While cerebral palsy is not always caused by malpractice, it may be preventable when negligence contributes to brain injury at birth.
What is shoulder dystocia, and can it lead to a lawsuit?
Shoulder dystocia is an obstetric emergency that occurs when a baby’s shoulder becomes stuck during delivery. If excessive force is used or proper maneuvers are not performed, it can cause brachial plexus injuries such as Erb’s palsy.
Improper management of shoulder dystocia may support a birth injury claim.
What evidence is important in a birth injury case?
Key evidence often include:
- Electronic fetal monitoring strips
- Labor and delivery timelines
- Umbilical cord blood gas results
- Apgar scores and newborn assessments
- NICU treatment records
- Hospital protocols and staffing documentation
These records help determine whether earlier intervention could have prevented harm.
Who can be held responsible for a birth injury in Alabama?
Liable parties may include:
- Obstetricians and delivering physicians
- Labor and delivery nurses
- Hospitals and healthcare systems
- Anesthesiologists and surgical teams
- Neonatal and NICU providers
Birth injury cases often involve multiple defendants and complex medical decision-making.
How long do I have to file a birth injury lawsuit in Alabama?
Alabama law imposes strict time limits on medical malpractice claims, and these deadlines can be especially complicated in cases involving injured infants.
Because exceptions may apply, families should speak with an attorney as soon as possible to protect their rights.
What compensation can families recover in a birth injury case?
Depending on the circumstances, compensation may include:
- Past and future medical expenses
- Therapy and rehabilitation costs
- Assistive devices and home modifications
- Special education needs
- Long-term care and life-care planning
- Lost household income and caregiver impact
Severe birth injuries often require lifelong support.
Do birth injury cases always go to trial?
Many birth injury claims resolve through settlement, but hospitals and insurers often contest liability and damages aggressively.
Hare Wynn prepares every case as if it will go to trial to ensure families are in the strongest possible position.
How much does it cost to hire a birth injury lawyer?
Hare Wynn handles birth injury cases on a contingency fee basis, meaning families pay no attorney’s fees unless compensation is recovered.
Consultations are free, and there is no upfront cost to have your case evaluated.
What should I do if I suspect my baby was injured during delivery?
If you suspect a birth injury, it is important to:
- Request and preserve medical records
- Follow up with pediatric specialists
- Document developmental concerns
- Speak with an experienced birth injury attorney promptly
Early investigation can be critical in identifying negligence and protecting your child’s future.
