Lawyers you can trust.
Birth Trauma Lawyers:  

About Us
Practice Areas
Verdicts & Settlements
Legal Links

Case Inquiry

GR Legal Blog



Anesthesia Malpractice
Birth Trauma Lawyers
Birth Injuries and Cerebral Palsy

Burn Injuries
Construction Site Accidents

Delayed Cancer Diagnosis
Estate Planning
Failure to Diagnose Breast Cancer
Federal Tort Claim Litigation
Gastric Bypass

General Negligence and Personal Injury
Medication and Drug Errors
Municipal Negligence
Nursing Home Abuse and Litigation

Products Liability
Surgical Mistakes
Traumatic Brain Injury
Workplace Injury

Wrongful Death

Birth injury malpractice claims are highly technical, complicated and defended vigorously by the medical community. That's why selecting the right lawyer to represent you is critical. Our medical malpractice attorneys have the experience and resources to take on important and challenging birth injury malpractice cases and obtain justice for you the client.

Because of the time, cost and complexity of birth injury cases, good law firms carefully review potential medical malpractice claims. Here's how the process works. In response to a birth injury malpractice inquiry, one of our staff will conduct a free telephone consultation. If we believe the case has merit, we will obtain the medical malpractice records and have them reviewed by a physician who will act as a medical malpractice expert.

Birth related injuries vary greatly, in that some are very minor and heal over time, some may require surgery, and others may require a need for lifetime care and may even result in a casualty and/or death. Most birth injuries do not result from medical malpractice. The majority of delivery doctors and assisting hospital staff follow acceptable procedures, and a provider is not negligent simply because his or her efforts were unsuccessful. To receive compensation in a birth injury malpractice suit, you have to prove that your providers acted unreasonably and that their conduct was a direct cause of injury. Unless both issues are proved, there is no case.

If the medical malpractice expert feels there is a valid claim and if our analysis shows there to be serious and permanent injury we will proceed with the birth injury malpractice case.

You should also be aware of some special laws that apply to birth injury malpractice cases in some state.

  1. Statute of limitations: This is a law that requires commencement of a birth injury malpractice case within a specific time period. If the birth injury malpractice case is not filed within that time period, it will be barred regardless of its merit. Because the time period is often very short and exceptions apply, it is very important to consult with an experienced birth injury malpractice attorney as soon as possible.
  2. Expert affidavit: In some states, before commencement of a birth injury malpractice case the party bringing the claim must provide a written document signed by a medical malpractice expert confirming that medical malpractice was committed and that it was a direct cause of the claimant's injuries. The format and timing of the affidavit are critical.

Some common medical errors that lead to cerebral palsy include:

  • The failure to recognize and treat infant seizures
  • Failure to perform a C-Section when a fetus is in distress
  • Excessive use of a vacuum extractor
  • Failure to detect a prolapsed umbilical cord
  • Improper use of delivery forceps
  • Improper response to precarious vital signs
  • Failure to recognize fetal distress
  • Failure to diagnose and treat jaundice or meningitis
  • Delayed delivery
  • Failure to recognize pregnancy-induced hypertension

Cerebral palsy is a term used to reference a group of disorders typically related to an individual's inability to control motor function. Typically, cerebral palsy is categorized into four types: spastic cerebral palsy, athetoid or dyskinetic cerebral palsy, ataxic cerebral palsy, or mixed forms of cerebral palsy. While there can be genetic factors that contribute to cerebral palsy, often it is caused by oxygen deprivation, head trauma, or brain damage during the birthing process

Medical procedures, special education, orthopedic braces and other appliances cost a staggering amount of money. Many families either don’t have enough insurance or don’t have any at all and so their children do without many valuable items that could make their lives so much better.

The medical care for children and adults diagnosed with cerebral palsy can be financially and emotionally challenging. Cerebral palsy can require a lifetime of medical care to deal with the physical disorders as well as speech pathologists, occupational therapists, psychiatrists, and physical therapists.

Our lawyers have successfully settled numerous cerebral palsy cases, as well as winning many cerebral palsy medical malpractice verdicts.

Erb's Palsy is a type of birth injury that damages the nerves of the shoulder and elbow muscles. The firm of GR has extensive experience representing children and families affected by this type of injury.

As a result of a birth injury or defect, an infant may be afflicted with the following:

  1. Mental Retardation Cerebral Palsy
  2. Epilepsy
  3. Autism
  4. Subconjunctival Hemorrhage
  5. Caput Succedaneum
  6. Cephalohematom
  7. Bruising
  8. Brachial Plexus Injuries
  9. Fractures
  10. Facial Paralysis
  11. Brain Injuries



New York & New Jersey - 845-271-4633                North Carolina - 828-464-2391

     © 2008 Grant Richman PLLC                                                                                                                                                        Design by: