Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Birth Injury Lawyer Omaha: Fight for Your Child’s Future

Birth Injury Attorney in Omaha, Nebraska


One of the most distressing types of medical negligence cases involves birth injuries. It’s heartbreaking to learn that a baby has been injured, and it’s much more heartbreaking to learn that a negligent healthcare provider caused the injury.

A birth injury is defined as the harm that occurs to an infant during the labor and delivery process. Severe birth injuries might result in a lifetime of challenges and medical expenses.

If a medical professional’s carelessness caused your baby serious harm, an Omaha birth injury lawyer at Welsh & Welsh PC LLO can help recover financial compensation. Call us for more information.


What is a Birth Injury?


A birth injury can occur during pregnancy, labor, or delivery and can range from minor bruises to life-altering conditions. These injuries can be caused by a variety of factors, including medical negligence, improper use of medical equipment, or failure to monitor and respond to potential complications.

Congenital Disabilities Vs. Birth Injuries

Congenital disabilities, also known as congenital disabilities or birth defects, occur at birth or as a result of a predisposition to abnormalities.

Because congenital disabilities are unpreventable, you cannot sue for damages. However, you can sue the negligent party for a birth injury.  

If you’re unsure whether your baby has a congenital disability or a birth injury, seeking opinions and getting the necessary tests and checkups is crucial. Consult an experienced attorney if you suspect your baby’s condition is the result of a birth injury.


When Can You Sue for a Birth Injury?


Seeking legal action is often the last thing on your mind when dealing with the health and well-being of your child. However, if medical negligence caused your child’s birth injury, it’s important to hold those responsible accountable.

Some common scenarios where you can sue for a birth injury include:

  • Failure to diagnose or treat a pregnancy-related condition
  • Failure to properly monitor the mother and unborn child during labor and delivery
  • Improper use of medical equipment during labor and delivery
  • Delayed emergency C-sections


Types of Birth Injuries


Birth injuries refer to various conditions that can develop during labor and delivery. Some common birth injuries are:

  • Cerebral Palsy: In many cases, cerebral palsy is caused by abnormal brain development before birth. This can happen due to infections, trauma, or genetic defects. In some cases, cerebral palsy is caused by damage to the baby’s brain during or shortly after birth. For example, the brain may not receive enough oxygen during a difficult birth (asphyxiation). The symptoms include overactive reflexes, floppy or rigid limbs, and involuntary movements. They usually appear in early childhood.
  • Erb’s Palsy (Brachial Plexus Injury): This condition occurs when a baby’s shoulder is severely damaged during a difficult delivery. The nerves in the brachial plexus may be stretched, compressed, or torn, resulting in arm weakness or paralysis.
  • Brain Damage: A brain injury may occur as a result of oxygen deprivation at birth (asphyxia). The condition may result in disorders such as hypoxic-ischemic encephalopathy.
  • Facial Paralysis: A baby’s face can be injured during birth, causing temporary or permanent facial paralysis.
  • Fractures: During labor, bone fractures, such as shattered bones, are possible. They are more common if labor is prolonged or brutal.
  • Intracranial Hemorrhage: Trauma during delivery can result in bleeding within the skull, which may cause congenital disabilities and injuries.
  • Caput Succedaneum and Cephalohematoma: A baby’s scalp can swell or bleed due to pressure during delivery, but these injuries typically subside without any treatment.
  • Shoulder Dystocia: This occurs when a baby’s shoulders get stuck behind the woman’s pelvic bone during delivery, resulting in swelling and bruising. Treatment is necessary to reduce the risk of complications.


Causes of Birth Injuries


A birth injury can result from any of the following:

  1. Oxygen Deprivation: A baby may be in grave danger if they do not get enough oxygen at birth. This happens due to external factors, such as a prolapsed umbilical cord. It could also result from internal factors, such as underdeveloped lungs. Oxygen deprivation can cause serious health complications.
  2. Medication Errors: Errors such as under or overdosing on medications and anesthesia are critical. If they occur during labor, they could risk both the mother’s and baby’s health.
  3. Delayed Birth: A baby’s head is under high pressure during labor, especially inside the birth canal. If the labor is prolonged, it may lead to brain compression and permanent damage. The medical professional should monitor the baby and mother throughout labor. They need to do that so they can act if they notice fetal distress or rising blood pressure.
  4. Head Trauma: Head trauma may result from delayed birth or applying excessive force during delivery. Head injuries are linked to various health issues and developmental issues.
  5. The Force Used During Delivery: A medical professional may have to use force during delivery. However, using excessive force may hurt the baby. If the doctor applies too much force to the baby’s head or neck, they may suffer from brachial plexus or Erb’s palsy. Too much force may also damage nerves on the baby’s shoulders.


Birth Injury Legal Processes and Procedures


The legal proceedings and procedures of a birth injury case can be complicated. It may vary based on the facts of the case. Here’s a rundown of the standard stages of filing a child’s birth injury lawsuit:

  1. Consultation with a lawyer: After assessing the merits of your case, an Omaha birth injury attorney from our firm can explain the legal remedies available to you and guide you on the way forward.
  2. Gathering evidence and conducting investigations: Our experienced team of birth injury lawyers will investigate to get evidence supporting the birth injury claim. This could include the following:
    • Checking medical records
    • Consulting with medical professionals and
    • Speaking with witnesses
  3. Establishing negligence: To construct a compelling case, we need to establish medical malpractice. This involves demonstrating that the healthcare professional failed to meet a standard of care.
  4. Filing a lawsuit: If there is evidence to support the allegation, the next step is to file a lawsuit against the accountable party or parties. This could include healthcare providers, hospitals, or other businesses.
  5. Service of process: The defendant(s) will be served with a copy of the complaint as soon as the case is filed.
  6. Discovery phase: The discovery phase is the pre-trial stage. At this stage, both sides exchange information and evidence. Depositions, interrogatories, and document requests are part of this process.
  7. Mediation and Dispute Resolution: Before going to trial, the parties can choose to participate in settlement talks or mediation to obtain a resolution without going to court. If both sides agree, the case can be concluded at this point.
  8. Preparation for the Trial: If no settlement is reached, a trial occurs. Our Omaha birth injury lawyers prepare evidence, witnesses, and expert testimony for trial.
  9. Trial: When a case goes to trial, both sides’ attorneys present their cases to the judge and jury. Witnesses testify, and evidence is scrutinized. Finally, a judge or jury renders a verdict.


Choosing the Right Birth Injury Attorney From Welsh & Welsh


A birth injury attorney’s involvement is critical in a birth injury case. With Welsh & Welsh, you and your family can cope with the complex issues surrounding birth injuries. The following are some ways in which we can be of assistance to you:

  • Legal representation: Our legal team handles medical malpractice cases and can assess the details and circumstances of the birth and review medical records to prove a claim.
  • Negotiation and settlement: With our medical malpractice lawyers on your side, you can negotiate a fair settlement with the opposing party or their insurance company.
  • Emotional support and guidance: Dealing with birth injury lawsuits can be emotionally challenging. Throughout the process, we provide compassionate assistance and guidance and ensure that negligent medical professionals are held responsible.


Contact Welsh & Welsh PC LLO Today for Legal Assistance!


Knowing that your baby is in pain is the worst thing that you can go through. Several birth injuries lead to life-long consequences. This may put an additional financial and emotional strain on your family.

If you learn that your baby may have complications because of medical staff negligence, it’s time to lawyer up. Medical malpractice claims are complex and often fought aggressively by medical insurance companies. But you can rely on us to level the playing field.

Contact us today to schedule a free consultation.