Birth Injury

Birth Injury Attorneys

Get the Compensation You Deserve

Birth Injury Attorneys

Birth injuries not only have physical and emotional consequences but also place a financial strain on the child’s family. When a birth injury is caused by the negligence of a doctor or another healthcare provider, the family may be able to recover compensation for these costs through a birth injury lawsuit.

Depending on the nature of the injury and the staff attending the birth, parties that may be held liable for birth injury include:

  • Doctors and physicians
  • Midwives
  • Anesthesiologists
  • Nurses
  • Support Staff

Birth Injury cases require lawyers with a great deal of medical and legal knowledge. Our trial attorneys at McDonald & Cody will work with you to address your claim and handle it with great compassion. Contact us today!


Over $100 Million Recovered

Verdicts & Settlements


common causes of
child birth injuries

Childbirth injuries can result from many conditions, including:

Cerebral palsy is an umbrella for a collection of syndromes and symptoms in a baby or child stemming from hypoxic brain injury (lack of oxygen) during birth. A child suffering from cerebral palsy may have cognitive and/or physical abnormalities as a result of a lack of oxygen to the brain during childbirth.

Frequently, birth injuries are related to failure to perform actions in a timely manner during labor and delivery. Birth injuries can take on a number of different forms, including:

  • Failure to diagnose
  • Failure to treat
  • Dangerous medications
  • Cesarean section errors
  • Oxygen deprivation

There are a number of birth injuries which are caused by poor care in labor and delivery. If any of the injuries result in deprivation of oxygen, the child may sustain a neurological injury.

Common neurological birth injuries include:

  • Hypoxia/asphyxia: lack of oxygen to the brain
  • Cerebral palsy: lack of oxygen to the brain that results in cognitive or motor skill problems
  • Hydrocephalus: this condition is one where there is an accumulation of fluid on the brain, which can cause neurological problems

Birth injuries often involve hypoxia, leading to brain damage, cerebral palsy, learning disabilities or developmental delays. Common issues which may result in oxygen deprivation for the baby include:

  • Placental abruptions
  • Umbilical cord problems
  • Uterine rupture

There are many ways an infant can be injured in a neonatal intensive care unit. Hospital staff is often overworked and mistakes happen. Unfortunately, these errors can be devastating to your infant’s safety and well-being. We often see the following mistakes:

  • Medication errors
  • Failure to adequately monitor the baby
  • Failure to diagnose or treat jaundice
  • Poor ventilation


If your child suffered from a birth injury because of the negligence of a medical professional, contact us today!

Why McDonald & Cody?

The philosophy at McDonald & Cody, LLC is to provide maximum results, one client at a time. We are dedicated to our cases and strive for quick, full and maximum compensation.


You can afford a top notch trial attorney. Our clients don't pay anything unless we win their case, either by receiving a settlement or a jury verdict.

We Spare No Expense!

We have the financial wherewithal to litigate every case to its conclusion, so you will never be forced to accept an unsatisfactory settlement because your law firm is hurting for cash.

We Keep Small Caseloads!

Each client’s case gets the individual attention and focus that makes sure that it is thoroughly prepared and the value maximized.

Liability for Birth Injuries

Liability for childbirth injuries usually results from three types of medical errors:

Diagnosis errors take a few different forms, including:

  • Wrong diagnosis – diagnosing you with the wrong condition
  • Non-diagnosis – diagnosing you as healthy when you are not
  • Misdiagnosis – diagnosing you with a condition when you are healthy

When a medical professional errs while making a diagnosis, you may not receive the treatment you and your baby need to avoid a birth injury. For example, suppose the doctor misreads an ultrasound and fails to diagnose an umbilical cord problem. An HIE lawyer can argue that this missed diagnosis led to a birth injury rather than the remedial measures that could have prevented the birth injury, such as a caesarian delivery.

Treatment errors include all of the errors that happen under the doctor’s care. They include the drugs doctors administer during labor and birth. They also include all of the actions taken by the doctors and nurses in the delivery room. Suppose your child has cerebral palsy. An HIE lawyer might prove that your child’s physical difficulties resulted from a brain injury during birth due to a loss of circulation.

Before performing any procedure, a doctor must explain the benefits and risks of the procedure and obtain your informed consent. Communication errors happen when doctors, anesthesiologists, or nurses fail to:

  • Explain a procedure
  • Discuss a procedure’s risks and benefits
  • Obtain your consent to the procedure

If the doctor fails to explain all of your options and your child suffered a birth injury, a childbirth injury lawyer might be able to prove that the doctor committed medical malpractice.

Damages in Birth Injury Claims

Birth injury law is a niche practice within medical malpractice law. When dealing with birth injuries, you need a lawyer who understands the needs your child will have for the rest of their life. The damages your child needs to assure their financial security include:

How Do I Get Started?


Statute of limitations may apply so don't delay having your accident or injury claim evaluated by our team.


Regardless of the type of injury you have, we may be able to help you get the compensation you deserve!


Our experienced attorneys at McDonald & Cody will fight for the justice you deserve. You don't pay unless we win!

Our Trial Attorneys are ready to discuss your Birth Injury case.

Contact Us for a FREE, No-Obligation Consultation.