Birth injuries can lead to lasting consequences for newborn babies, which is why many parents seek the help of a New Hampshire birth injury lawyer to pursue damages. Standard personal injury claims can be helpful to compensate and cover medical bills, but birth injuries come with an entirely different emotional weight. Preventable injuries to newborn babies, especially severe cases, can cause devastating emotional pain for new parents. Understanding the weight and impact of birth injuries can help clarify the importance of finding a skilled birth injury lawyer.
Birth injury trial cases can be complex, as they often require the insight of medical professionals to clarify the cause of the injuries and support the arguments of the plaintiff. Expert witnesses can add a level of complexity to an injury case that may warrant legal training and experience. Friedman & Bresaw, PLLC is a New Hampshire law firm voted best in the Lakes Region for 2025 with 50+ years of combined trial law experience. Contact a Laconia personal injury attorney today at (603) 707-4800 to learn about your legal rights.
What Birth Injuries Qualify for Legal Compensation?
A birth injury, sometimes called neonatal trauma, is any injury sustained by an infant shortly before, during, and shortly after delivery. Injuries suffered by the infant during birth may be caused by natural complications in the birthing process, or by medical negligence or malpractice. Natural birth injuries may not qualify for legal compensation, though if the negligence of a medical professional caused the injury, a personal injury case may be viable.
Overview of Birth Injuries
Birth injuries involve significant medical and emotional consequences, and birth injury law focuses on determining whether medical negligence contributed to neonatal trauma.
- Birth injury cases often require medical expert testimony to explain the cause of injuries and support legal claims.
- Common injuries include fractures, nerve damage, and neurological conditions that may have long-term effects.
- Risk factors such as high birth weight, abnormal orientation, and difficult labor can increase the likelihood of complications, particularly when medical providers fail to respond appropriately.
Friedman & Bresaw, PLLC assists individuals in New Hampshire by evaluating birth injury cases and helping families understand available legal options.
Common Types of Birth Injuries
When consulting with a birth injury lawyer, it is important to understand the different types of birth injuries. Neonatal trauma is a very wide category, including a variety of injuries that range from mild to severe. Due to the vulnerable nature of newborn babies, some birth injuries can have lasting effects even into adulthood. Common birth injuries include the following, according to the Cleveland Clinic:
- Bruising and Forceps Marks: Positioning and maneuvering through the birthing canal could lead to bruising, particularly when forceps are used.
- Bone Fractures: In some cases, particularly when delivering the shoulder of the baby, some bones are prone to breakage.
- Cephalohematoma: Generally harmless, cephalohematoma causes blood to pool under a newborn’s scalp after a difficult delivery.
- Caput Succedaneum: Swelling of the newborn’s scalp may occur due to complications during birth.
- Erb’s Palsy: Nerve damage in the arms during birth could cause weakness or loss of muscle function in the arms, though many cases resolve themselves.
- Facial nerve paralysis: Pressure on the face during delivery can damage the facial nerve, with some cases requiring surgery to correct.
- Cerebral Palsy: Brain injuries during birth could lead to serious impairment of muscle function with lasting effects.
- Brain and Spinal Cord Injuries: While rare, some brain and spine injuries during birth can lead to severe and even life-threatening consequences.
The wide variety of birth injuries can influence how a birth injury lawyer builds a legal strategy. An attorney from Friedman & Bresaw, PLLC can help evaluate your case and provide specific information.
Risk Factors for Birth Injuries
While there is no guaranteed method of predicting and determining the source of birth injuries, there are several key risk factors that could increase the chances of a birth injury. According to Stanford Medicine, difficult births or unfavorable positioning can lead to birth injuries. However, medical negligence or malpractice could also be a contributing factor to birth injuries. An experienced birth injury lawyer can help evaluate a specific situation and determine whether negligence was involved.
Birth Weight
The weight of the infant could impact the difficulty of the birth, and thus the risk of injury. Birth weights over eight pounds could lead to complications that may put the baby and the mother at a higher risk for injuries. Cephalopelvic disproportion is the medical term for the comparative size of the baby’s head being too large for the mother’s pelvis. Additionally, premature or underweight births could be complicated because the infant’s body has not fully developed and may be more fragile.
Abnormal Birth Orientation
A large factor that influences the success or complication of a birth is the position of the baby during delivery. Breech delivery, where the baby’s rear emerges first, could cause significant complications and is often a contributing factor to birth injuries. Orientation is an important factor in a successful birth.
Birth Trauma
According to the Birth Injury Center, forces such as pressure or torsion can lead to birth injuries during labor. Additionally, prolonged or difficult labor can be a risk factor for further injuries. Difficult labor is often called dystocia, and this and other factors could be contributing causes to birth injuries. However, many of these factors can be addressed and mitigated with skilled medical care.
Role of a Birth Injury Lawyer
A birth injury lawyer can help evaluate your birth injury case under personal injury law to determine whether there is a viable legal case. Additionally, a large facet of most personal injury cases before and during trial is research and evidence gathering, particularly when the medical field is involved. A birth injury lawyer can help research medical records, coordinate with medical experts, and compile data to help support a case. A birth injury attorney can also represent their client in court, should the case proceed to litigation.
New Hampshire Birth Injury Law and Expert Witnesses
However, New Hampshire law may cause some unique complications in a birth injury lawsuit. First, Rule 28A of the New Hampshire Judicial System allows for the defendant to request a medical examination of the plaintiff before the trial, which could complicate the court process. Additionally, many medical negligence cases involve the input of expert witnesses, witnesses with extensive technical knowledge in a complex field who can provide insight and context for the issue at hand. A birth injury lawyer can help coordinate these complexities and help the trial process go smoothly.
Speak to a Skilled Birth Injury Lawyer from Friedman & Bresaw, PLLC
Birth injury law is a complex field, particularly when non-economic damages for pain and suffering are involved. Understanding how to compile the right evidence and construct a case while also dealing with the emotional and physical fallout of a birth injury can be overwhelming. This is why a Manchester personal injury attorney from Friedman & Bresaw, PLLC is here. An experienced attorney can help navigate the legal details while helping provide parents with peace of mind. Call the office at (603) 707-4800 to learn more about your legal options in New Hampshire.
Important FAQs About Birth Injury Law in New Hampshire
Below are several common frequently asked questions regarding birth injuries and birth injury lawyers in New Hampshire.
What Is Considered a Birth Injury?
A birth injury is harm sustained by an infant shortly before, during, or shortly after delivery. Some injuries occur due to natural complications, while others may result from medical negligence or improper care.
Which Birth Injuries Commonly Appear in Legal Claims?
Common birth injuries include fractures, facial nerve damage, cerebral palsy, and brachial plexus injuries such as Erb’s palsy. These conditions may result in long-term physical, developmental, or neurological challenges.
What Risk Factors Increase the Likelihood of a Birth Injury?
High birth weight, premature birth, and cephalopelvic disproportion may contribute to the risk of injury. Abnormal fetal positioning and prolonged labor may also increase complications that require careful medical management.
How Can Medical Negligence Contribute to a Birth Injury?
Medical negligence may occur when healthcare professionals fail to follow appropriate standards of care during pregnancy, labor, or delivery. Mistakes in monitoring, delayed interventions, or improper use of delivery tools could contribute to harm.
Why Are Expert Witnesses Important in Birth Injury Cases?
Expert witnesses help clarify complex medical issues and provide opinions on whether the standard of care was followed. Their insights assist courts in understanding the cause and impact of an infant’s injuries.
How Does New Hampshire Law Influence Birth Injury Litigation?
New Hampshire procedures, including the ability of defendants to request medical examinations, may add complexity to litigation. Birth injury cases often involve detailed medical evidence and testimony that must meet state legal standards.
What Role Does a Birth Injury Lawyer Play in These Cases?
A birth injury lawyer may gather medical records, consult with experts, and prepare evidence to support a legal claim. Legal counsel can also represent a family during negotiations or a trial.
Can Natural Birth Complications Still Lead to Legal Actions?
Some complications arise naturally and do not indicate negligence. However, a legal claim may be viable when medical providers fail to recognize risks or respond appropriately to complications.
How Long-Term Can the Effects of a Birth Injury Be?
Certain injuries heal quickly, while others, such as nerve or brain injuries, may lead to lasting developmental or physical challenges. Early assessment helps determine long-term needs and potential legal claims.
How Can Friedman & Bresaw, PLLC Assist With a Birth Injury Case?
Consider visiting with an experienced attorney at Friedman & Bresaw, PLLC to learn more about available legal options related to a birth injury. The team at the firm works to ensure families understand their rights, potential claims, and the steps involved in pursuing a legal case.
