Wisconsin Birth Injury Lawyers

When your child suffers a birth injury due to medical negligence, it can feel as though your whole world has been turned upside down. You deserve compassionate support and trusted guidance to help you navigate this challenging time. A Wisconsin birth injury lawyer understands how deeply these events impact families, both emotionally and financially. 

Our commitment is to stand by you, advocating for the resources your child needs to thrive. From understanding medical negligence to fighting for compensation, we are here to help you secure the support your child and family deserves.

Birth injuries can have a profound impact on a child’s health and development, often affecting them for life. These injuries, which may occur due to complications during labor and delivery, can result in physical, cognitive, and emotional challenges. From early childhood through adulthood, individuals with birth injuries often require specialized care, therapies, and medical interventions, placing a significant financial and emotional burden on their families.

For parents, knowing that their child’s injury may have been preventable is heartbreaking. Medical negligence during pregnancy, labor, or delivery can lead to devastating outcomes, often because a healthcare provider failed to act or made critical errors at a vulnerable moment. A birth injury lawyer can help you hold these providers accountable and seek compensation for the specialized care your child may need.

Some of the most common birth injuries are directly linked to medical negligence. These injuries can occur when healthcare providers fail to meet the accepted standard of care, potentially causing lasting damage. Here are some common types of birth injuries:

Cerebral Palsy  

Cerebral palsy, is a neurological disorder caused by damage to the brain, often due to oxygen deprivation during birth. It affects movement, muscle tone, and coordination, and children with cerebral palsy may need extensive therapies, assistive devices, and medical care throughout their lives.

Brachial Plexus Injuries 

Brachial plexus injuries, including Erb’s palsy, are typically caused by excessive pulling or stretching of the baby’s neck and shoulder during delivery. This can lead to nerve damage, causing weakness, loss of movement, or even permanent paralysis in the affected arm.

Hypoxic-Ischemic Encephalopathy (HIE)  

HIE is a brain injury resulting from oxygen deprivation, often during prolonged or difficult labor. This condition can lead to cognitive disabilities, developmental delays, and motor impairments. Immediate and ongoing medical interventions are crucial for managing the effects of HIE.

Fractures and Bone Injuries 

Improper use of forceps, vacuum extractors, or excessive physical force during delivery can cause fractures or other skeletal injuries, particularly to the collarbone. These injuries can lead to complications in development if not properly treated.

Other Birth Injuries  

Other injuries, such as facial nerve damage, internal bleeding, and spinal cord injuries, may also occur due to medical negligence. Each of these conditions can bring about unique challenges, requiring specialized medical care and support.

There are numerous hospitals in Wisconsin that provide intensive care to critically ill children. The following facilities provide therapeutic hypothermia (brain cooling) as a treatment for HIE:

• Children’s Hospital Wisconsin
• University of Wisconsin Hospitals
• Mayo Clinic Health System Eau Claire
• Aspirus Wausau Hospital
• Gundersen Health System NICU
• Children’s Hospital Wisconsin Fox Valley NICU
• Unity Point Health Meriter

Wisconsin is home to numerous medical research programs and organizations, including:

• the University of Wisconsin School of Medicine and Public Health’s Wisconsin Institutes for Medical Research
• the Children’s Hospital of Wisconsin
• the Aurora Research Institute
• the Medical College of Wisconsin’s Neonatology Division
• the Wisconsin Network for Health Research (WiNHR), which pulls together thousands of researchers conducting clinical research in such diverse areas as cancer care, cardiology, neurosciences and women’s health.

Often, the cause of a birth injury can be traced back to specific events during pregnancy, labor and delivery. Many actions (or, in some cases, inaction) on the part of the hospital staff can greatly increase the risk for a birth injury. If a child has developmental delays, motor disabilities, or other neurological abnormalities not associated with genetics, it can be worth having a birth injury attorney review your medical records and help you understand what happened to your child. If they find that medical malpractice did occur, you may choose to file a suit to provide for your child’s future care.

Events associated with birth injuries (as they relate to medical malpractice) include:

Failure to prevent, control, diagnose or timely treat underlying maternal health conditions, such as:

• Diabetes or gestational diabetes
• Obesity
• Preeclampsia and/or high blood pressure
• Prior history of birth complications (premature birth, intrauterine growth restriction, macrosomia, C-section etc.)
• Infections (including asymptomatic infections) such as Group B Strep, a UTI or bacterial vaginosis, a sexually transmitted infection, or chorioamnionitis/villitis
• Placenta previa

Failure to prevent, control, diagnose or timely treat underlying fetal health conditions, such as:

• Umbilical cord abnormalities (cord is too long, too short, wrapped around the baby’s neck, or knotted) or umbilical cord prolapse/compression
• The baby’s growth is abnormal; the baby is too large (macrosomia) or too small (intrauterine growth restriction)

Failure to prevent, control, diagnose or timely treat emergencies/complications in labor, such as:

• Mother’s water breaks early (premature rupture of membranes, or PROM)
• Premature birth
• Placental abruption
• Uterine rupture
• Post-term pregnancy
• Stalled labor
• Waiting too long for an emergency C-section
• Shoulder dystocia (baby gets stuck in the birth canal)
• Baby is head-first or face-first
• Use of forceps or ventouse (vacuum extractor)
• Baby’s heart rate drops during labor
• Uterine hyperstimulation from Pitocin or Cytotec

Failure to prevent, control, diagnose or timely treat infant health issues during or after birth, such as:

• Baby is born blue, pale, limp or unresponsive
• Seizures in the baby after birth
• Infection after birth (such as encephalitis, meningitis, sepsis, or pneumonia)
• Meconium Aspiration Syndrome (baby breathed in stool before birth)
• Neonatal Hypoglycemia (low blood sugar in the baby)
• The baby can’t breathe or didn’t cry after birth
• Jaundice (yellow skin and eyes) and Kernicterus
• Hypoxic-ischemic encephalopathy (HIE)
• Fetal stroke
• Periventricular Leukomalacia (PVL)
• Hydrocephalus (water on the brain)
• Brain bleeds

Each of these causes represents a potential instance of negligence. If you suspect your child’s birth injury may have been preventable, a Wisconsin birth injury lawyer can help determine if medical errors played a role in your case.

Navigating the legal process after a birth injury can be challenging, especially when you’re focused on your child’s needs. A Wisconsin birth injury lawyer can take on this responsibility, helping you seek justice while you concentrate on your family. Here’s how a birth injury lawyer can help:

Lawyers can review medical records, consult with medical experts, and gather evidence to determine if negligence contributed to your child’s injury.

By filing a birth injury claim, your lawyer can hold doctors, nurses, hospitals, and other medical professionals responsible for their actions, potentially preventing similar tragedies in the future.

A birth injury can require a lifetime of care, from therapies and surgeries to adaptive equipment. A birth injury lawyer will fight for the compensation needed to cover these expenses and support your child’s quality of life.

Our lawyers understand the emotional toll birth injuries take on families. We’re here not just as legal advocates but as compassionate allies dedicated to your family’s well-being.

Birth injuries often come with significant medical, therapeutic, and educational expenses. A successful claim can help cover the following types of compensation:

• Medical Expenses: Compensation can help cover both past and future medical bills, including surgeries, hospital stays, medications, and ongoing treatments.
• Therapies and Rehabilitation: Children with birth injuries often benefit from physical, occupational, and speech therapies. Compensation can help cover the costs of these essential services.
• Specialized Equipment: Adaptive equipment, such as wheelchairs, walkers, and communication devices, can support a child’s independence and comfort. Financial assistance may also help with necessary home modifications.
• Educational and Developmental Support: Special education programs, tutoring, and other developmental resources can be instrumental in helping a child reach their potential. Compensation can provide access to these services.
• Pain and Suffering: While no amount of money can erase the trauma of a birth injury, compensation for pain and suffering acknowledges the profound impact this experience has on the entire family.

Securing compensation can relieve some of the financial burdens you may face, allowing you to focus on your child’s health and happiness.