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Birth injuries are defined as injuries that result in long-term medical complications. Improper procedures can lead to serious developmental issues for a baby ranging from permanent physical disabilities to neurological and cognitive developmental disorders. Given the severity of the injury, the medical expenses associated with the injury can be incredibly high and the loss of enjoyment of life can be nearly incalculable. These claims are a subset of medical malpractice claims and, accordingly, are lengthier and more complicated claims. Given the severe and personal nature of these claims along with the potential long-term medical expenses, it is important to have an attorney who can properly assess the claim and potential value for the case. We are committed to helping our clients recover fair compensation. We are often able to negotiate reasonable settlements with the responsible insurance companies, but we are willing to fight for our clients through trial if necessary.

Common Causes of Birth Injuries:


  • Medical professionals fail to recognize warning signs of birth injuries and act appropriately
  • The newborn suffers from hypoxia, lack of oxygen to the brain, during birth
  • Medical professionals fail to recognize a large fetus that needs to be delivered via C-section
  • The child becomes stuck in the pelvis and removing the child leads to shoulder dystocia, which can lead to permanent impairment.
  • A child suffers brain trauma from improper forceps pressure
  • Improper administration of medication


Common Consequences of Birth Injuries:


  • Cerebral palsy: Oxygen deprivation to a child's brain can inflict permanent brain damage. Often times, this can lead to physical impairment and, in severe cases, lifelong care may be necessary.


  • Erb's palsy: Often, a child can become lodged in the pelvic area during birth. Unfortunately, a medical professional may damage or sever the nerves to the shoulder area. This may lead to permanent impairment and an inability to move the arm.


  • Brain hemorrhage: head trauma, including skull fractures, can lead to a bleeding in the child's brain. Head trauma and brain bleeds can have drastically different side effects but there are potentially dire consequences.



  • 28,000 newborns are injured shortly following birth yearly.
  • 7 out of every 1,000 children born in the United States suffer a form of birth injury.
  • 20% of infant fatalities are the result of birthing injuries.
  • 3 newborns suffer a birth injury every hour.


Common Types of Claims:


Birth injuries generally lead to a claim against the medical professional responsible for the injury. Potential claims need to be thorough and complete. Often a life care plan is created that outlines all potential medical costs for the rest of a child's life. These medical costs may include ongoing private medical care, ongoing physical therapy, ongoing speech therapy, mobility equipment, home modifications for a wheelchair, specialty vehicles for transportation.


While birth injuries include claims for past, present, and future medical expenses, the permanent impairment also leads to a loss that is harder to quantify. Permanent impairment, disfigurement, loss of enjoyment of life, mental anguish and emotional damage all accompany a life-altering injury. Unfortunately, the injury is often beyond complete repair. It is important for a lawyer to properly assess the legal claims and case value to help ensure the child has the best resources to have a happy and fulfilling life.




Members of Goodnow|McKay are vigilant in research and advocacy on behalf of accident victims. Please see the linked articles below related to medical malpractice cases:


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Chris Goodnow is licensed in Arizona. Justin McKay is licensed in Arizona. Matters in other areas are handled by licensed attorneys employed, associated, or co-counseled with Goodnow|McKay.