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Untold Trauma: Shedding Light on Birth Injuries in Birmingham, Alabama

Bringing a new life into the world should be one of the happiest moments of your life. However, it can be devastating when something goes wrong, and your child is injured during delivery. You’re probably in shock and trying to understand how this could have happened.

As a parent, you want answers and justice for your child. You may also want compensation for medical bills and other expenses for caring for a birth injury. That’s where a birth injury attorney can help. Unfortunately, navigating birth injury cases in Birmingham, AL, can seem daunting and overwhelming — especially when you’re in the middle of caring for a hospitalized child.

This article will discuss why hiring a lawyer is essential and how to pick the right one for your case. We will also provide guidance on what to expect along this difficult journey.

Understanding Birth Injury Cases

If you or a loved one has recently given birth in Birmingham, AL, and the infant has sustained a birth injury, then seeking legal help is important. It’s understandable to feel overwhelmed and confused when faced with such a difficult situation. That’s why it’s important to understand what birth injury cases involve and how to navigate this process.

When it comes to birthing injuries, there are a range of factors that can come into play. Examples of these may include birth trauma due to improper medical interventions, oxygen deprivation due to medical negligence or failure to provide necessary medical care, or if the medical facility fails to respond quickly and appropriately during the delivery process.

By understanding the specifics of your particular case and circumstances, you’ll be better prepared for navigating potential legal action surrounding the injury. It’s also important to consult with an experienced attorney who is well-versed in birth injury cases.

Such an attorney will have a full understanding of all your rights and will be able to guide you on how best to proceed with legal action should it become necessary. Having such an ally on your side can give you peace of mind during this stressful time as you work towards getting justice for your family.

The Role of An Attorney in A Birth Injury Case

If your child has suffered a birth injury, you may be feeling overwhelmed by the process of navigating medical records, filing insurance claims, and understanding your legal rights. Whether you are considering legal action or not, it is important to understand the role of an attorney in a birth injury case.

An experienced attorney can help protect your family and ensure that your interests are always represented. Having someone on your side who understands the complexities of the situation can be invaluable. Your lawyer can provide direction and guidance regarding:

  • Identifying potential defendants
  • Gathering evidence and medical records
  • Assessing liability and causation
  • Establishing negligence
  • Calculating damages
  • Filing insurance claims and negotiating settlements.

A qualified attorney will also be able to help you understand local laws and court proceedings in Alabama, as well as advise you of any legal options available to pursue compensation for the harm suffered by your child. Ultimately, having an experienced counsel at your side throughout this difficult process can give you peace of mind that you are making the best decisions for your family.

Investigating Birth Injuries in Birmingham

If you have a child suffering from a birth injury, it’s important to know that the law is on your side and that someone can help. That’s where a Alabama personal injury lawyer comes in. They can assist you in investigating the incident, helping to determine the factors that led to the birth injury. Here are some of the questions they might ask:

What Hospital Was The Birth Performed at?

The medical facility your delivery was performed at may be held responsible for inadequate care or for negligence. Your attorney will look into their record and any prior cases of negligence or malpractice.

Were There Any Preventable Factors?

In most personal injury cases, there may have been someone or something at fault — a doctor who failed to properly diagnose or treat conditions, improper use of forceps during delivery, or failure of hospital staff to monitor the fetus’ oxygen levels during labor. A Birmingham lawyer can assess the circumstances of your case to determine if there were any preventable factors that may have contributed to the birth injury.

Was There A Lack of Care?

Your attorney will review medical records and testimonies from health practitioners to determine if proper care was given throughout pregnancy and delivery, as well as soon after delivery. Birmingham lawyers are experienced in determining if proper levels of care were given and can advise you accordingly based on their findings.

By conducting an investigation into your case with these questions in mind, an experienced Birmingham personal injury lawyer is equipped with the knowledge needed to help pursue compensation for victims of birth injuries and medical mistakes.

Common Causes for Birth Injuries in Birmingham

If your child has suffered an injury at birth in Birmingham, Alabama, there are a few common causes you should be aware of. Some of these include:

Medical Mistakes

Medical mistakes can be made during delivery, such as using too much force during the birthing process or failing to monitor and identify any medical issues with the baby or mother.

Chemical Exposure

A mother’s exposure to hazardous substances during her pregnancy can lead to serious birth injuries in the baby. This includes anything from medications and chemicals to radiation and even infectious diseases like the Zika virus.

Poor Nutrition

If a pregnant mother doesn’t have proper nutrition or access to necessary vitamins and minerals, the baby may suffer a birth injury due to lack of growth or development.

Birth Assistance Devices

The use of devices such as forceps, vacuum extractors, or other tools made specifically for birthing may lead to serious injuries in some cases if used improperly.

No parent should ever have to endure the pain and suffering that comes with having a child suffer from a birth injury due to someone else’s negligence—especially not in their own backyard here in Birmingham. If you find yourself in this difficult situation, make sure you contact an experienced lawyer who can help get you on the path to justice.

Types of Injuries That Occur During Delivery

Birth injuries occur when a medical professional is negligent or inexperienced, and falls short of their duty of care. There are several types of injuries that can arise during delivery, such as:

  • Brachial plexus: An injury to the group of nerves that run from the neck down to the arm, causing issues with muscle control and range of motion.
  • Cerebral palsy: Caused when a newborn suffers a lack of oxygen to the brain, resulting in movement and coordination difficulties.
  • Bone fractures: Can be due to shoulder dystocia (whereby a baby’s shoulders become stuck), or overstretching during delivery.
  • Intracranial hemorrhage: Bleeding in the brain arising due to excessive force on the baby’s head during delivery.
  • Asphyxia: A condition where a baby doesn’t receive enough oxygen at birth, resulting in physical disabilities or death.
  • Erb’s Palsy: Damage to the brachial plexus caused by excessive force during delivery, leading to difficulty controlling an arm or hand.

If you or someone you love has been affected by any of these birth injuries, it is important to understand your rights and potential for compensation for medical expenses and noneconomic damages such as pain and suffering. Experienced attorneys like those at our firm have a wealth of knowledge about birth injury cases in Birmingham, AL, and can advise you on how best to secure justice for your family.

Seeking Justice with Legal Representation

If your child has sustained a birth injury, you should know that when it comes to navigating a birth injury case, there is strength in numbers. You and your family don’t have to go it alone—you can seek justice with the help of legal representation.

Our law firm specializes in representing families affected by birth injuries. Our attorneys bring decades of experience to the table and understand the complexity of the law surrounding these delicate cases.

From medical malpractice, misdiagnosis, and failure to diagnose, we are well-versed in all aspects of birth trauma litigation and can help you obtain the compensation you are entitled to receive.

With our firm, you can enter into an agreement knowing that:

  • We will explore all legal avenues available
  • We will fight aggressively on your behalf
  • Our team will thoroughly investigate each aspect of the case
  • Our experienced lawyers have handled similar cases in the past
  • We will strive for a desirable outcome for your family.

By seeking legal representation for your birth injury case in Birmingham, AL, you can be assured that we will put our knowledge and resources to work for you and your family – helping you bring closure and gain some peace of mind during this difficult journey.

Why Choose Us?

When it comes to birth injury cases, you want to ensure that you’re working with experienced personnel who know the ins and outs of navigating the legal system. That’s why you should choose us here at Caldwell Wenzel Asthana Injury Lawyers. We specialize in birth injury cases and have the expertise to help you.

Not only do we have a team of knowledgeable lawyers who understand the complications of these cases, but we also:

  • Have the necessary experience—over 25 years of birth injury assistance.
  • Will work hard not just to win your case but also to get the result that’s best for you and your family.
  • Have access to a vast network of medical experts whose advice can significantly contribute to building your case.
  • Provide personalized service to each of our clients, meaning we’re committed to making sure you get the best outcome in your unique situation.

Here at Caldwell Wenzel Asthana Injury Lawyers, we are dedicated to helping birthing families seek justice through expert legal representation. So, if you’re looking for an experienced and successful law firm, look no further than us!

Contact Us

If you are a parent who has experienced a birth injury in Birmingham, AL, it is vital that you have an experienced attorney on your side. From navigating the complexities of the medical system to understanding the legal processes of filing a lawsuit, it can be overwhelming and challenging.

However, an experienced Birmingham birth injury attorney can help you understand your rights and ensure you receive the compensation you deserve for your child’s injury. With a compassionate, experienced attorney by your side, you can feel confident that you’ll receive the best possible outcome for your individual case.

Contact CWA today for more information: (855) 390-5566.

FAQs about Birth Injury

If you’ve been affected by a birth injury, you probably have a lot of questions—and you should ask them. Here are some common questions people have about birth injuries in Birmingham:

What is a birth injury?

A birth injury is any type of physical or psychological harm that is caused during labor and delivery. These injuries can range from mild to severe and can be caused by a variety of factors including medical errors, failed medical devices, or inadequate prenatal care.

Who can be held responsible for a birth injury?

The responsible party or parties may depend on the specific circumstances. It could be the doctor who delivered the baby, or it could be the hospital where the delivery took place. In some cases, it may be possible to hold more than one party responsible.

How do I know if my child has suffered a birth injury?

Birth injuries may not be immediately noticeable—some may show up right away, while others may take months or years before they become apparent. Signs of a potential birth injury include developmental delays, seizures, paralysis, loss of motor function, difficulty breathing, and swallowing problems.

Is there a time limit for filing a Birth Injury case?

Yes — in Alabama, there is generally a two-year statute of limitations from when the injury occurred. If you think your child was injured as an infant, you must file your claim within two years of their birth date for it to be considered valid. Acting quickly is important because this time limit cannot be extended.

We hope that these answers help you to better understand birth injury cases in Alabama. We recognize that this list is not comprehensive, and you probably have a lot more questions.


Our Award-Winning Alabama Personal Injury Lawyers have recovered millions on behalf of our clients. While other attorneys try to avoid litigation, we thrive in high-stakes litigation. Contact Caldwell Wenzel & Asthana, P.C. to put our exceptional skills to work for your injury claim.

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