Birth Injury

We encourage parents of children with possible birth injuries to have the records of the pregnancy and newborn period evaluated by our medical-legal team consisting of a triple board-certified MD-PhD physician, the area's top-ranked medical malpractice lawyers, and experienced nurse paralegals.

There are many acts of negligence that cause irreparable injuries to unborn children, injuries that afflict them throughout their life, into adulthood and old age. The cost of raising a disabled child is often beyond anyone's reach.

Regrettably, obstetricians and midwives almost never are willing to accept responsibility for their acts of negligence. As a matter of fact, the American College of Obstetricians and Gynecologists (ACOG) has worked up a comprehensive system to downplay physician negligence while trying to blame the child's genetics, the mother's behavior, or factors beyond anyone's control.

Even if you have been refused by a lawyer in the past, or have been told that your child's condition is unrelated to negligence, it is important to give us a chance to evaluate the potential claim on behalf of your child at no cost to you. We have found through more than 35 years of experience that records of newborns with birth injuries are frequently not evaluated with sufficient rigor. Evaluation of birth injury cases requires knowledge of multiple specialties - obstetrics, pediatric neurology, neonatology, fetal and maternal medicine, neurophysiology, and rehabilitation medicine. Most lawyers (including some who advertise heavily) have little or no experience with birth injury cases. Even experienced lawyers frequently lack familiarity with the finer details that are essential to proper case analysis.

The case of Jared D., age 3, presented a good example. Jared's parents were told by his pediatrician that his limping and poor right hand function were the result of a cerebrovascular event which could not have been prevented. They were also told that aside from his right-sided motoric difficulties, he was likely to do well in the future. Jared's father came from a family of well-known doctors, and even though many family members had seen Jared's struggle with daily life, they did not understand that Jared's medical condition could have been prevented by more vigilant physician and nursing care. Jared's parents had taken the medical records to lawyers to have the records evaluated, and had been told, based on reputable experts, that Jared's right-sided body weakness was not a form of cerebral palsy and was not likely related to his birth. The medical-legal team at Stein, Mitchell & Muse, LLP was consulted for a second opinion, and a probing review of the medical records was carried out. New theories of liability were established, and a successful suit was filed, resulting in a substantial recovery on behalf of Jared and his family.