Welcoming a new child into the world should be a moment of hope and celebration. Yet for some families, the delivery process becomes overshadowed by a catastrophic birth injury, an event that alters the course of a child’s life and places tremendous strain on parents and caregivers.
Catastrophic birth injuries can involve profound physical or neurological harm, including paralysis, brain damage, or lifelong conditions such as cerebral palsy. These injuries may require extensive medical care, adaptive equipment, and long-term therapy, creating emotional and financial challenges that no family should face alone.
Common injuries such as cerebral palsy, brachial plexus injuries (including Erb’s palsy), and brain hemorrhages frequently stem from complications during labor or delivery. Cerebral palsy, for example, can be caused by an interruption in oxygen flow during birth, while brachial plexus injuries often result from excessive force used to deliver a baby’s shoulder. Early identification is essential. Neurological assessments, imaging studies, and careful monitoring help medical providers create treatment plans that support a child’s development. When warning signs are present during pregnancy or delivery, swift and appropriate medical intervention is critical to prevent lifelong harm.
Medical Negligence and Its Role in Birth Injuries
While not every birth injury is preventable, some occur because a healthcare provider failed to meet the accepted standard of care. Medical negligence in obstetrics may involve delayed recognition of fetal distress, improper use of forceps or vacuum extractors, or failure to respond appropriately to complications such as placental issues, maternal infection, or gestational diabetes. These errors can have devastating, permanent consequences.
Identifying potential medical malpractice requires understanding when a provider’s actions, or inaction, fall below the standards of professional care. Warning signs may include unexplained injuries, mismanaged high-risk pregnancies, or significant deviations from typical delivery procedures. Families who suspect negligence may benefit from consulting experienced legal counsel to review medical records, locate expert opinions, and determine whether preventable errors contributed to a child’s injuries. Accountability in these cases is not only about obtaining financial compensation—it also helps improve safety for future patients.
Legal Recourse for Birth Injuries
Families coping with a catastrophic birth injury often face uncertainty about how to move forward. The legal process can provide clarity, support, and a path toward securing the resources necessary for long-term care. A birth injury claim begins with a thorough evaluation by an attorney who understands both medical complexity and Maine’s malpractice laws. Many law firms, including Berman & Simmons, operate on a contingency fee basis, enabling families to pursue justice without incurring upfront financial risk.
Our legal team gathers medical evidence, consults with independent experts, and builds a comprehensive understanding of what went wrong and why. If the case proceeds, it may be resolved through a negotiated settlement or a trial verdict. A successful outcome can help cover lifelong medical care, therapy, lost earning potential, and other essential needs.
Support and Resources for Families
Children affected by catastrophic birth injuries often require a wide range of medical and therapeutic services. Physical therapy, occupational therapy, speech therapy, and specialized pediatric care can improve function and quality of life. Many families also rely on rehabilitation centers, early intervention programs, and customized care plans designed to meet their child’s unique needs.
Emotional support is equally important. Parents experiencing trauma, grief, or burnout may benefit from counseling, support groups, or community networks. These resources help families build resilience and navigate the daily challenges of caring for a child with complex medical needs.
A Path Forward
If your family in Portland or throughout Maine is grappling with the consequences of a catastrophic birth injury and suspects that medical negligence played a role, you do not have to navigate this journey alone. The attorneys at Berman & Simmons are dedicated to supporting families during their most challenging times, offering expert advocacy, thoughtful guidance, and a steadfast commitment to pursuing justice. Contact us to discover how we can assist you in taking the next steps toward security, healing, and accountability.