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Clemenza Concierge

Harm from medical care

When a birth didn't go the way it should have

You were told the monitor was fine, and then the room filled with people. Or the delivery seemed to go well, and only weeks later did the doctors start using words like brain injury or nerve damage. For the mother, it may have been bleeding or an infection that nobody caught in time.

If you're here, you're probably exhausted and caring for someone who needs you. Take this at your own pace. You can send us a short note now and add detail later.

Tell us what happened

Harm to a baby, or to a mother

Birth injury cases can involve the child, the mother, or both. For a baby, questions often arise when a lack of oxygen wasn't noticed or acted on quickly enough, when a delivery was handled in a way that injured nerves in the shoulder and arm, or when an infection was missed. For a mother, they can involve heavy bleeding, a tear or an infection that wasn't treated properly, or dangerously high blood pressure that went unmanaged.

Not every difficult birth involves a mistake

Some conditions happen even with excellent care, and some have causes that began long before labor. That is hard to hear, and it is also why these cases are reviewed so carefully. Doctors in obstetrics, nursing and the care of newborns look at what the records show, minute by minute, and whether a careful team would have acted differently.

The records come from both of you

A birth leaves two sets of records: the mother's prenatal, labor and delivery records, and the baby's records from the delivery room and any newborn intensive care unit. The fetal heart monitor tracing, the printed or electronic record of the baby's heart rate during labor, is often especially important. Ask for all of it in writing, and keep a note of what you asked for and when.

A child's claim can follow different rules

Many states give a child's claim more time than an adult's, but not all do, and the extra time is often limited, especially for medical claims. A mother's own claim may have a much shorter clock. A few states also run special programs for certain birth-related injuries to the brain or spinal cord. In some of them, the program can take the place of a lawsuit. These rules vary so much that the safest course is to ask early, even while you're still learning what the diagnosis means.

What helps to have ready

  • The hospital or birth center, and the names of the doctors and midwives you remember.
  • Rough dates of prenatal visits, admission, delivery and discharge.
  • Any diagnosis your child has received since, and who made it.
  • Discharge papers for mother and baby, and any records you already have.
  • Names of the specialists and therapists now caring for your child.
  • Your own notes of what you saw and were told during labor and delivery.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

Our child's diagnosis came much later. Is it too late to ask?

Not necessarily. Some conditions only become clear as a child grows. Time limits still apply, and they vary by state, so ask a lawyer where the birth took place as soon as you can.

Can the mother and the baby both have claims?

Sometimes, yes. They are usually separate claims with separate rules, including separate time limits. Tell us about both in your inquiry.

We are worried about paying for our child's care for years to come. Is that part of this?

Future care is often central to a birth injury claim, and the lawyer handling the case works with medical and life-care planners to understand it. We can't say what any claim may lead to, but it is right to raise it.

More about harm from medical care

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.