Portland Birth Injury Lawyer

Birth injuries have been widely studied and there is a large body of scholarly literature and data to help guide the inquiry. There are also accepted approaches to determining the mechanism of injury and standards that obstetricians should follow to minimize the risk of harm to mom and baby.

If you represent mom and baby, you can expect the defense to argue that the baby was already injured before the delivery process began.  There are a number of possible mechanisms through which a baby can suffer injury before labor and delivery, including genetic mutations, lack of sufficient nutrients, or other factors preventing normal fetal development.  In some situations, a case may be based upon a failure to provide appropriate prenatal care.  For example, a provider might fail to respond appropriately to a concerning prenatal ultrasound or to treat a chronic medical condition that places the fetus at risk.

Many of the litigated birth injury cases involved decision making and actions of the providers during labor and delivery, including administration of Pitocin to induce labor, monitoring of the baby’s heart rate using the electronic fetal monitor, employing operative delivery (forceps or vacuum), or delay in converting to C-Section.

For intrapartum injury cases, the starting point is proof that the injury did, in fact, occur during labor and delivery. Typically, the proof of intrapartum injury is based upon the baby's clinical condition at birth (APGAR score), the acid/base levels measured in the baby's blood gases at birth, pathology findings relating to the baby's umbilical cord and placenta, and imaging of the baby's brain. All of these issues can be complicated and require expert analysis, but each of these factors provides important clues that help time the onset of the injury. The American College of Obstetricians and Gynecologists (ACOG) has published guidelines that are often cited in arguments concerning the timing of a birth injury.

If the evidence supports a claim of intrapartum injury, the next step is explaining how the injury occurred and how a different (and more reasonable) approach would have prevented the injury. Even when it comes to an intrapartum birth injury, there are many possible mechanisms of harm.

The added stress from mom pushing results in a lack of sufficient blood flow from the placenta to the fetus, causing the baby to slowly asphyxiate over time. The fetal heart rate monitor shows late or variable decelerations (dropping of baby's heart rate) in connection with contractions and pushing, which should alert providers that the fetus is at risk and cause them to convert to a C-section.

During delivery, the umbilical cord can become compressed, curtailing blood flow to the fetus, and requiring immediate delivery to prevent permanent brain injury

When the baby descends through the birth canal, the baby's shoulder can become stuck behind the mom's pubic bone. This can cause umbilical cord compression and injury to the baby's brachial plexus, the network of nerves that innervate the shoulder and arm, a condition called neonatal brachial plexus palsy, or more commonly, Erb's palsy.

Some birth injury cases are based upon a claim that care after delivery caused the baby to suffer a permanent brain injury.  These post-partum cases benefit from recent developments in medicine showing that prompt pulmonary and cardiac resuscitation, cooling, and other measures can improve the chances that a baby, depressed at birth, will recover normal function.

Some birth injuries are noticeable right away. For example, your baby might need help breathing, require a stay in the NICU, or have a low Apgar score.

In other cases, though, signs aren’t immediate. It might take time before anything seems wrong — weeks, sometimes longer. You may begin to notice delays or behaviors that don’t match typical development.

If you suspect that your baby isn’t developing correctly, make sure to seek medical advice. Getting a second opinion from another provider could be wise. It can also be helpful to speak with our team to go over the details of your delivery, in case a birth injury may be to blame for your child’s situation.

Hospitals may say everything went as expected, but that doesn’t always tell the full story. Important information can be left out, and not every mistake is acknowledged right away. If your child is facing serious health problems and you still haven’t been given a clear explanation, it may be worth questioning why.

Our dedicated lawyers have ample experience in birth injury cases, so we can go over your medical records and work with experts to find out what really happened.

Taking legal action against a stranger is tough enough to manage, and it can be even harder when you’re filing against a doctor you’ve built trust with. But a lawsuit isn’t necessarily a personal attack or judgment of character. It can also be a way to get clear information about what went wrong and make sure your child’s needs are met.

We can walk you through all of this without creating unnecessary drama or tension. You have every right to pursue justice, even if it’s uncomfortable.

It happens more often than you might think. When birth injuries aren’t apparent right away, parents can easily miss that something’s wrong until their baby misses obvious milestones like rolling over, sitting up, or crawling.

The good news is that you don’t need to have every answer up front to move forward with a case. If you have concerns later, you can still reach out to our team. We can review your child’s early medical records and help you understand whether what’s happening now might be linked to something that occurred during the birth.

There’s no cost to talk to our compassionate birth injury attorneys. We offer free consultations to take the time to hear your story, answer your questions, and give an honest opinion of whether you might have a claim.

If we move forward together, we only get paid if you win your case. Our goal is to help you get the care and support your baby needs without adding more financial stress on top of everything else you’re already dealing with.