Birth Injury & Cerebral Palsy Cases
When military families trust military or VA hospitals for prenatal care and delivery, they expect the highest standard of medical care. Tragically, medical negligence during pregnancy, labor, or delivery can result in serious birth injuries including cerebral palsy, brachial plexus injuries, and brain damage that affect children for their entire lives.
Common Birth Injuries at Military Hospitals
- Cerebral palsy due to oxygen deprivation during labor
- Brachial plexus injuries (Erb's palsy, Klumpke's palsy)
- Fractured bones during delivery (clavicle, skull)
- Maternal hemorrhage or complications
- Failure to perform timely C-section
- Failure to monitor or respond to fetal distress
- Improper use of forceps or vacuum extraction
- Shoulder dystocia mismanagement
- Infection-related complications
Birth Injuries Can Be Prevented
Many birth injuries are preventable with proper monitoring and timely intervention. Warning signs that should prompt immediate action include:
- Abnormal fetal heart rate patterns
- Prolonged labor or failure to progress
- Signs of infection or fever
- Umbilical cord complications
- Shoulder dystocia or difficult delivery
- Maternal bleeding or blood pressure issues
When medical providers fail to recognize these warning signs or delay necessary interventions like emergency C-sections, the results can be devastating and permanent.
The Lifelong Impact on Families
Birth injuries can require a lifetime of medical care, therapy, and specialized equipment. The financial and emotional toll on families is immense, including:
- Medical Expenses: Surgery, therapy, medications, assistive devices
- Special Education: Individualized education programs and support
- Home Modifications: Wheelchair accessibility, specialized equipment
- Lost Income: Parents may need to leave jobs to provide care
- Pain and Suffering: Physical and emotional trauma for the entire family
FTCA claims can help secure the resources needed for proper care and support throughout the child's life.
Why Birth Injury Cases Require Specialized Legal Help
Birth injury cases are among the most complex medical malpractice claims. They require:
- Medical knowledge to review obstetric records and identify negligence
- Expert witnesses including obstetricians, pediatric neurologists, and life care planners
- Life care plans to calculate lifetime costs of care
- Understanding of federal law and FTCA procedures
The Archuleta Law Firm has both legal experience and medical knowledge (doctor-attorney and nurse on staff) to thoroughly evaluate and pursue birth injury claims.
Time Limits for Filing Birth Injury Claims
For birth injuries, the 2-year statute of limitations typically begins when the injury is discovered, which may be:
- Immediately at birth for obvious injuries
- Months or years later when developmental delays become apparent
- When a formal diagnosis (like cerebral palsy) is made
Don't wait. Even if your child's injury occurred years ago, you may still be able to file a claim. Contact us immediately for a free case evaluation.
Frequently Asked Questions
What is cerebral palsy and can it be caused by medical malpractice?
Cerebral palsy is a group of disorders affecting movement and posture, often caused by brain damage during birth. When oxygen deprivation (hypoxia) occurs due to medical negligence during labor and delivery, it can cause cerebral palsy.
How do I know if my child's birth injury was caused by medical malpractice?
Signs of possible malpractice include failure to perform timely C-section despite fetal distress, improper use of delivery instruments, failure to monitor vital signs, or ignoring signs of complications. Our medical team can review your case for free.
Can I file a claim if my child's injury happened years ago?
Possibly. The statute of limitations can be complex for birth injuries. Contact us immediately to determine if you still have time to file a claim.
How much does it cost to hire Archuleta Law Firm?
Nothing upfront. We work on contingency, meaning we only get paid if we win your case. There is no fee if there is no recovery.