Alabama Birth Injury Lawyers

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Bringing a beautiful new life into the world should be an extremely joyous moment. When preventable medical errors turn that moment into a lifelong struggle, families need answers and a strong advocate. Birth injuries are injuries sustained by babies during labor or delivery and, sometimes, immediately after birth. 

They differ from birth defects, which develop while the baby is still in the womb and are typically caused by genetic or environmental factors. A birth injury, however, can occur when a health‑care provider’s actions fall below the accepted standard of care in Alabama hospitals and birthing centers. 
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As an Alabama–based personal‑injury law firm, Pittman, Dutton, Hellums, Bradley & Mann, P.C. provides experienced and tenacious legal representation to families across the state who are coping with children who suffered preventable birth injuries. 

This page explains common types of birth injuries, why they happen, the unique rules in Alabama, and how our team can help.

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What Is a Birth Injury?

The term birth injury (or birth trauma) refers to harm suffered by a newborn during the labor or delivery process. Minor bruises or swelling may resolve quickly, but some injuries are severe, permanent, and often avoidable. Birth injuries include damage to the brain, nerves, bones, organs, and soft tissue. By contrast, birth defects arise before birth and are usually not caused by a medical error.

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Common types of birth injuries

Several serious birth injuries can result from medical negligence. Examples include:

• Cerebral palsy – a group of disorders affecting movement and muscle tone, often caused by oxygen deprivation or trauma during birth.
• Brachial plexus injuries (Erb’s palsy or Klumpke’s palsy) – nerve damage to the network controlling the arm or hand, usually occurring when the baby’s shoulders become stuck during delivery and excessive force is used.
• Hypoxic‑ischemic encephalopathy (HIE) – brain damage from insufficient oxygen or blood flow.
• Spinal cord injuries, facial paralysis, and fractures resulting from improper use of forceps or vacuum extractors, or from excessive twisting or pulling.
• Head and brain trauma, such as skull fractures, cephalohematoma (bleeding between the skull and its covering), and intracranial hemorrhage.

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What Causes Birth Injuries?

Not every complication during childbirth is preventable, but many serious injuries occur because medical professionals fail to meet the expected standard of care. Common medical errors identified in Alabama birth‑injury cases include:
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• Improper use of medical instruments: Forceps or vacuum extractors can injure a baby’s head, neck, or shoulders if used incorrectly.
• Failure to monitor fetal distress: During labor, nurses and physicians must monitor the baby’s heart rate and other signs of distress. Ignoring or delaying action can cause oxygen deprivation, leading to severe brain damage or even death.
• Delayed or improperly performed cesarean section (C‑section): When labor stalls or fetal distress is evident, a timely C‑section can save the baby. Unreasonable delays may result in hypoxic injuries or other harm.
• Medication or anesthesia errors: Prescribing the wrong drug, giving an incorrect dosage, or administering drugs at the wrong time can harm both the mother and baby.
• Mishandling shoulder dystocia or other emergencies: Failure to perform recognized maneuvers to free a stuck shoulder can cause brachial plexus injuries.
• Inadequate prenatal care or failure to manage infections: Missing risk factors or not treating maternal infections (for example, Group B strep) can lead to severe complications such as meningitis, sepsis, or preeclampsia.

These errors reflect a breakdown or neglect in the reasonable standard of care. When negligence causes harm, the medical provider can be held liable for the resulting injuries. Although hospitals in Birmingham, Mobile, Huntsville, Montgomery, and other Alabama communities strive to provide safe care, mistakes still happen, and families deserve answers.

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Alabama’s Statute of Limitations and Legal Requirements

Like all states, Alabama sets strict deadlines for filing medical‑malpractice claims. Understanding these deadlines is essential because missing them can bar recovery entirely. These rules apply to cases filed in Alabama state or federal courts.

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Statute of limitations

• Parental claims: Under Alabama law, parents must file a medical‑malpractice lawsuit within two years of the injury or within six months of discovering the injury if it wasn’t reasonably discoverable earlier.
• Claims on behalf of minors: Alabama’s statute of repose extends the deadline for children; a malpractice claim on behalf of a minor must be filed before the child’s eighth birthday.
• Because these rules can be confusing and some exceptions apply, families should consult an attorney immediately after a suspected birth injury. Acting promptly preserves evidence and protects your right to compensation.

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Proving negligence

To win a birth‑injury case in Alabama, the plaintiff must prove four elements:
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• Duty of care: A formal doctor‑patient or nurse-patient relationship existed, establishing the medical provider’s legal duty.
• Breach of the standard of care: The provider’s actions (or failure to act) fell below the level of skill and care that a competent practitioner would provide under similar circumstances. Expert testimony from a similarly situated medical professional is typically required to establish the appropriate standard of care which the medical professional allegedly deviated.
• Causation: The plaintiff must show that the provider’s breach of standard of care directly caused the child’s injury.
• Damages: The injury resulted in damages, including physical harm and financial and emotional losses.

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Damages and Compensation

Alabama does not cap compensation in birth‑injury cases, so families may recover damages commensurate with their losses. Damages typically include:

• Medical expenses: Past, current, and future costs of surgeries or treatments, hospital stays, doctor visits, and/or medications.
• Rehabilitation and therapy: Physical, occupational, and speech therapy are needed for years or even a lifetime.
• Assistive devices and home modifications: Wheelchairs, braces, communication devices, and modifications to homes and vehicles.
• Long‑term and in‑home care: The cost of skilled nursing or in‑home assistance.
• Lost wages and future earning capacity: Compensation for parents’ lost income while caring for the child and for the child’s diminished future earnings.
• Pain and suffering and loss of enjoyment of life: Compensation for the physical pain and emotional distress endured by the child and family.

When pursuing compensation, it’s important to estimate future losses accurately. Creating a long‑term care plan or “life care plan” helps account for ongoing treatment costs, such as physical therapy, speech therapy, and dietary counseling.

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