Experienced Birth Injury Lawyers
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- You Pay Nothing Unless We Win
Birth injuries can have devastating lifelong consequences on children and their families. These injuries can often mean significant medical bills, long-term care, living adjustments and life-altering changes to your and your child’s future.
FREE CASE REVIEW
If you think malpractice may have led to your child’s injury, we can help.
If you suspect that your child’s injury is the result of negligence or carelessness by a medical professional during childbirth, our birth injury lawyers will conduct an in-depth investigation to determine if any wrongdoing occurred. Backed by decades of combined medical and legal experience, our team has recovered hundreds of millions on behalf of children who have been harmed during the birthing process.
Our Dedicated Birth Injury Division
The accomplished team at JJS has more than 40 years of experience representing both mothers and newborns who have suffered because of a medical professional’s negligence. We have recovered hundreds of millions on behalf of victims of birth injuries, including record-breaking verdicts in many states.
Nationally recognized for our work in handling significant birth injury cases throughout the country, partners Howard Janet, Kenneth Suggs, and Gerald Jowers are committed to uncovering malpractice and fighting for maximum compensation for our clients. Our team also includes a board-certified OBGYN, attorney Dr. Giles Manley, who has more than 20 years of experience in the medical profession, during which time he delivered thousands of newborns. His vast medical knowledge makes him an ideal advocate for those who have been harmed at birth.
Featured Verdicts and Settlements
- $33.5 Million for Delayed C-Section: A Tennessee jury awarded this record-breaking verdict after finding that delays in performing an urgently needed cesarean section resulted in a baby developing severe brain damage and cerebral palsy.
- $24.25 Million for Failure to Diagnose: A record-breaking medical malpractice jury verdict in the District of Columbia, obtained for a child who suffered brain damage and cerebral palsy because her doctors failed to properly diagnose and respond to an airway obstruction.
- $18.1 Million for Mismanaged Labor and Delivery: Verdict obtained in Iowa on behalf of a child who developed spastic quadriplegic cerebral palsy after the mother was taken off of continuous electronic fetal monitoring and placed on intermittent monitoring despite known risk factors.
- $18 Million for Medication Error: A settlement obtained in a case against a pharmacy that negligently dispensed incorrect medication to a pregnant mother, resulting in her child developing a neural tube defect, resulting in paraplegia and other significant injuries.
- $15.1 Million for Mismanaged Delivery: A trial award by a Federal Judge in a Tennessee case against an Army Community Hospital whose improper fetal monitoring during delivery and failure to properly inform the mother of specific risks led to her child suffering a hypoxic-ischemic brain injury, resulting in cerebral palsy and lifelong neurological deficits.
Frequently Asked Questions About Birth Injuries
Q: What is a birth injury?
A: A birth injury is a physical injury that occurs during birth, affecting the mother and/or the baby. It can be the result of negligence or medical malpractice on the part of a doctor, medical professional, or hospital. The devastating effects of medical errors on a child and family can include permanent brain damage, nerve damage, and a number of permanent, severe conditions such as cerebral palsy.
Q: How does a birth injury lawsuit work, and how can liability be proven?
A: A birth injury lawsuit is filed against the doctor, medical professional, or hospital that caused the negligence which led to a child’s injuries, allowing the family to seek compensation. To prevail in a birth injury lawsuit, you will need to prove that the medical professional breached their professional standard of care. You will also need to prove that their actions directly caused your child’s injuries, which resulted in damages.
Q: What can I expect to recover in a birth injury claim?
A: A birth injury lawsuit allows the family to pursue compensation for the damages they incurred as a result of the negligent actions of a medical professional or hospital during the birth of a child. These can include medical expenses, special education expenses, therapy and treatment costs, lost income, pain and suffering, and compensation for a generally diminished quality of life.
Q: How can a birth injury lawyer help with my claim?
A: A birth injury lawyer works with the family to file a claim against the medical professionals responsible for causing the child’s injuries at birth. They negotiate with the insurance company in their efforts to recover a fair and reasonable settlement on the family’s behalf. Should a settlement not result, they represent the family in court, presenting a strong case on their behalf to the jury.
What is a Birth Injury?
The birthing process subjects a fetus to a great deal of stress, which can lead to oxygen deprivation or other sources of trauma. Healthcare providers must manage this situation appropriately because long-term damage can result from medical malpractice, negligence, or other wrongdoing during labor and delivery. The devastating effects of medical errors on a child and family can include permanent brain and/or nerve damage, which can cause emotional distress and require expensive treatment and continued care throughout the child’s life.
Injuries to a child during childbirth can also cause a number of permanent, severe conditions, including:
- Erb’s palsy
- Cognitive impairment
- Spinal cord damage
- Facial paralysis
- Klumpke’s palsy
- Death
Mothers can also suffer severe injury and infection if proper care is not taken during the pregnancy and birthing process. Often, these types of injuries are the result of some form of medical negligence, in which a medical professional or medical provider did not act within reasonable standards of care. This can include:
- Failure to recognize or provide a timely respond to maternal hemorrhage
- Failure to treat abnormal maternal blood pressures during pregnancy or labor
- Neglecting to conduct specialized tests during pregnancy
- Misreading of tests conducted during pregnancy
- Improper use of vacuums or forceps during delivery
- Failure to properly manage diabetes during pregnancy
- Failure to respond to severe dehydration at birth
Birth injuries can often have devastating effects on families, both emotionally and financially. When injuries occur to the mother or her baby during childbirth, the family can file a birth injury lawsuit to hold the medical professionals accountable for their negligence and receive compensation to help pay for medical and life care expenses.
What Constitutes a Birth Injury Case?
To prove that your child’s injury was caused by medical malpractice, our attorneys must be able to establish four things:
- There was a duty of care. Medical professionals have a duty of care to perform within accepted medical standards. This means medical professionals have a legal duty to provide care that is equal to what other medical professionals with similar training would provide in a similar situation.
- A medical professional breached that duty of care. If a medical professional fails to act as others would in the same situation, they have breached their duty of care. In a birth injury case, breaching a duty of care could include things like failing to perform a timely C-section or failing to appropriately respond to a problem during the birthing process.
- The breach of duty of care caused your child’s injury. Your attorney must be able to show that the action or inaction of medical professionals during the birth of your child led to your child’s injury.
- Your child’s injury resulted in damages. Claimants must show that their child’s diagnosis resulted in medical expenses, pain and suffering, a need for physical therapy or other necessary care, or other damages.
How Much Compensation Am I Entitled To?
Birth injury cases can result in a variety of settlement or verdict amounts, as every situation is different. There are many factors to consider, such as the type and severity of the injury, the degree of culpability on the part of the medical professionals involved, and additional factors such as loss of earning capacity, future medical expenses, and decreased quality of life.
At Janet, Janet & Suggs, we understand the financial needs associated with these types of injuries and are experienced in recovering the compensation our clients need to pay for their children’s future. Our birth injury attorneys provide personalized attention and dedicated service to each and every client we represent to help ensure that each client receives the maximum compensation they deserve.
Some of the most common forms of compensation available in a birth injury lawsuit include:
- Past and future medical expenses
- Care costs for various forms of therapy, in-home care, home modifications and more
- Pain and suffering
- Loss of enjoyment of life
- Lost earning capacity
How a Birth Injury Law Firm Can Help with Your Case
Although not every injury at birth is a result of negligence, it is important that you contact an experienced attorney if you suspect that wrongdoing had anything to do with your child’s injury. Experienced birth injury lawyers have the skills and resources to investigate your case and determine if negligence caused your child’s injury.
Often, parents have only a limited amount of time to file a claim. The quicker a birth injury attorney can begin working on your case, the quicker you can get back on your feet with the compensation you deserve.
Locations We Serve
Because our birth injury attorneys have previously obtained court approval to practice in many states in the country, we are familiar with the many laws and regulations that vary between states regarding birth injury cases.
We are licensed to practice in more than 10 states. We are proud to serve Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and Washington, D.C. We have also been granted permission to practice in many more states with court approval on a case-by-case basis.
Why Choose Janet, Janet & Suggs to Help with Your Birth Injury Case?
We have the knowledge and resources needed to investigate and litigate your case, helping you get the answers and compensation you deserve. We do not charge any upfront costs. You do not pay us anything until you obtain compensation via a settlement or favorable jury verdict.
Contact us today for a free, no-obligation consultation to learn more about your rights and legal options.
LEARN MORE
Birth Injury Settlements
Birth Injury Claims
Common Examples of Birth Trauma
Possible Signs of Medical Error During Labor and Delivery
Iowa Verdict for Brain Injured Child
Trusted & Honored by:
Featured in:
