Questions?
The Birth Injury Justice Center hears from many families wondering how to actually prove a medical malpractice birth injury case and what compensation can help cover once negligence is shown.
We’re glad to welcome back Attorney Ricky LeBlanc of Sokolove Law for another in-depth conversation. In his last interview, Ricky explained preventable birth injuries. This time, he’s focusing on what happens next: how to prove birth injury malpractice cases and what they can mean for a child’s future care.
Since 1979, Sokolove Law has recovered over $1 billion for families across the nation, providing justice and financial relief no matter where they live.
With decades of experience leading one of the country’s most trusted birth injury law firms, Ricky provides a clear look at how families can seek accountability and financial support after a preventable injury. Here are our latest questions for Ricky and his honest insights below.
Q: What is medical negligence during childbirth?
A: Medical negligence at birth happens when a health care professional fails to provide the level of care that another qualified provider would have given in the same situation. This could include a doctor, midwife, nurse, other medical provider, or even a hospital.
When that failure causes harm to a baby or mother, we call it birth injury medical negligence. Negligence during childbirth can involve missing signs of distress, delaying a needed C-section, or using too much force when guiding a baby out.
These medical mistakes can have lifelong effects, and families have the right to ask questions about whether their child’s injury could have been prevented.
Q: Which birth injury cases are most often linked to preventable errors?
A: The most serious birth injury lawsuits often involve permanent injuries that could have been prevented with proper care. Conditions like cerebral palsy, hypoxic-ischemic encephalopathy, and other forms of brain damage are often tied to mistakes during childbirth.
We also see brachial plexus injuries, including Erb’s palsy, when too much force is used to deliver a baby. These injuries can affect arm movement, strength, and development for years.
Many families aren’t sure when they first contact us, but something unique about Sokolove Law is the registered nurses we have on staff. They have decades of experience handling deliveries and can help families understand what may have happened in their case.
Even if you aren’t sure what’s going on with your child yet, we may be able to help make sense of it.
Q: What kinds of mistakes lead to medical malpractice birth injury claims?
A: Many birth injury cases start with small mistakes that happen fast during labor and delivery. A doctor might wait too long to act, miss signs of distress on the monitor, or use too much force during delivery.
One example is vacuum extraction injuries. These can occur when the tool is used incorrectly or with too much pressure, causing bleeding under the scalp or even skull fractures.
Another is neonatal asphyxia, which happens when a baby doesn’t get enough oxygen before or during birth. Even a few minutes without oxygen can cause serious brain damage and lifelong challenges.
There’s also shoulder dystocia, when the baby’s shoulders become stuck after the head is delivered. If this medical emergency is mishandled, it can damage the nerves in the neck and shoulder, leading to Erb’s palsy.
Each of these situations demands quick thinking and skill. When medical teams fail to recognize or manage them properly, it can lead to medical malpractice birth injury claims.
Q: How do lawyers prove birth injury medical negligence when a baby is hurt?
A: Proving birth injury medical negligence involves showing that a medical provider breached the accepted standard of care and that this breach directly caused harm. Birth injury attorneys work with medical experts to pinpoint where care fell short and connect it to the baby’s injury.
For example, mistakes during a forceps delivery can be proven through medical records showing that excessive force or improper technique caused skull fractures or nerve damage.
Another example is meconium aspiration syndrome, when a baby inhales waste during delivery, and the team fails to clear the airway or act fast enough to prevent oxygen loss. When the evidence shows those delays or missed steps, it helps lawyers prove that medical negligence caused preventable harm.
Q: How can families tell if medical negligence at birth caused their child’s condition?
A: It’s not always clear right away that medical negligence played a role in a child’s injury. Many parents only start asking questions after noticing something doesn’t add up — a difficult delivery, a long NICU stay, or a diagnosis they never expected.
For example, a baby who develops meningitis may have been exposed because hospital staff didn’t recognize an infection or delayed giving antibiotics. In other cases, C-section injuries can happen when surgery is performed too late or with poor technique, leading to oxygen loss or physical trauma.
An experienced birth injury lawyer can help determine whether the harm could have been prevented and if medical negligence at birth may be to blame.
Q: When should parents start a birth injury claim, and what steps come first?
A: Parents should contact a birth injury lawyer as soon as they suspect something went wrong during pregnancy, labor, or delivery. You don’t need an official diagnosis to get started. Early action helps protect your rights and gives lawyers more time to gather medical records and other evidence.
Moreover, every state has a statute of limitations, or a legal deadline, for filing a claim. These time limits vary by state and can be shorter than many families realize. Missing the deadline usually means losing the right to pursue compensation, no matter how serious the injury is.
The first step is a free case review. A trained legal professional can listen to your story and explain your options for moving forward before time runs out.
Q: What determines how much birth injury compensation a family may receive if they file a lawsuit?
A: The amount of compensation from a birth injury lawsuit depends on how strong the evidence is, how serious the injury is, and the quality of the legal team handling the case.
Lawyers use medical records, expert testimony, and other proof to show how the provider’s mistakes caused lasting harm. When the evidence is clear, cases often result in birth injury settlements more quickly because the other side knows the risk of going to trial.
If an insurance company or hospital refuses to offer fair birth injury lawsuit settlements, a trial may be the best option. In a recent Utah case, a family was awarded a nearly $1 billion verdict after a hospital delayed a C-section and caused a baby’s severe brain injury.
It’s important to understand that compensation depends partly on the defendant’s ability to pay. Even with a large verdict, families may not collect the full amount if the negligent provider or facility has limited insurance or assets.
Q: What makes evidence in birth injury malpractice cases strong enough to win a case?
A: Strong birth malpractice claims are built on clear proof of what went wrong and how it could have been avoided. Families often come to us with questions, not documents, and that’s okay. We help gather the records, work with medical experts, and piece together the full story.
Fetal monitor strips, delivery notes, and hospital logs can show exactly when care broke down. For example, signs of distress may have been missed or a C-section delayed.
When the evidence tells that story clearly, it can make all the difference in securing justice and lifelong support for a child.
Q: When should parents contact a birth injury medical malpractice attorney?
A: Parents should contact a birth injury medical malpractice attorney as soon as they suspect something went wrong, even if their child has not been formally diagnosed. Early signs like low Apgar scores, feeding problems, or missed milestones can suggest that something occurred during labor or delivery.
It’s important not to wait for a diagnosis before asking questions. Many conditions linked to birth injuries, like cerebral palsy or developmental delays, are not confirmed until around age 2.
An experienced attorney can start reviewing records early to preserve evidence and protect the family’s right to pursue compensation.
Q: Why should I consider working with a birth malpractice lawyer?
A: These cases are complex and require deep medical and legal knowledge to prove. A skilled birth injury lawyer knows how to uncover what really happened, even when hospitals or doctors are not forthcoming with answers. Medical records can be incomplete or written in ways that hide key details, so having someone who knows what to look for is critical.
Lawyers work with medical experts who can explain how and when mistakes occurred and what should have been done differently. Without that level of investigation, it’s almost impossible for families to get the truth on their own.
Understanding the true cause of birth injuries takes experience. Working with a trusted attorney can give you the best chance to find answers, hold the right people accountable, and secure the compensation needed for your child’s future care.
Get Help From Birth Injury Malpractice Lawyers
At the Birth Injury Justice Center, our mission is to help families find the answers and accountability they deserve.
We were glad to have Attorney Ricky LeBlanc back for another conversation and hope he’ll join us again to answer more of the questions families ask every day about birth injury law and medical negligence.
Our trusted legal partners have recovered over $1 billion for children harmed by preventable medical mistakes, with trusted birth injury lawyers available in all 50 states.
If you believe your child’s injury may have been caused by medical malpractice, call us right now at (800) 914-1562 or fill out this form for a free case review. Our team is here to listen and help you take the next step toward justice.
