
The birth of a child is often one of the most joyous moments in a family’s life. However, when complications arise due to medical malpractice or negligence, the experience can quickly turn into a nightmare.
Birth injuries often result in physical and emotional pain as well as leading to long-term financial burdens for the family. In Mississippi, an experienced Biloxi birth injury lawyer can provide you with the support and legal expertise you need to seek justice and maximum compensation.
The Different Types of Birth Injuries
A birth injury refers to any harm or trauma suffered by an infant during the birthing process.
These injuries can range from minor and temporary conditions to severe, life-altering disabilities.
Common examples include:
Physical Injuries
- Cerebral Palsy: A group of neurological disorders resulting from brain damage during birth, affecting movement, posture, and muscle control.
- Erb’s Palsy or Klumpke’s Palsy: Nerve damage to the brachial plexus that leads to weakness or paralysis in the arm.
- Fractures: Broken bones, often in the collarbone, caused by difficult deliveries.
- Cephalohematoma: Bleeding under the scalp due to trauma from delivery tools like forceps.
Neurological Injuries
- Brain Damage: Often caused by a lack of oxygen (hypoxia) or physical trauma during the birthing process.
- Intracranial Hemorrhage: Bleeding in the skull, often caused by prolonged or traumatic delivery.
- Periventricular Leukomalacia (PVL): Damage to white brain matter caused by limited oxygen or blood flow.
Other Injuries
- Facial Paralysis: Damage to facial nerves, usually due to forceps or improper pressure during delivery.
- Shoulder Dystocia: Shoulder dystocia happens when a baby’s shoulder gets wedged in the birth canal, potentially resulting in nerve or bone damage.
- Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy) Leads to long-term developmental delays or disabilities.
While some birth injuries occur naturally and are unavoidable, others result from medical malpractice, such as the incorrect use of delivery equipment, improperly monitoring fetal distress, or not responding quickly enough to complications.
The Impact of Medical Negligence
Healthcare professionals are held to a high standard of care, especially regarding childbirth.
When doctors, nurses, or other medical providers don’t meet these accepted standards, the consequences can be devastating. Medical negligence during childbirth can include things like failing to perform a C-section in a timely manner, misdiagnosing a mother’s condition, or using excessive force during the delivery process.
These mistakes can lead to lifelong challenges for the child, including physical disabilities, cognitive impairments, and chronic health conditions.
For parents, the emotional toll can be immense. They often face feelings of guilt, frustration, and helplessness, even though the responsibility is really on the healthcare provider. Of course, the financial impact can be overwhelming as well, with costs for ongoing medical care, therapy, and adaptive equipment placing a significant strain on the family’s resources.

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How a Biloxi Birth Injury Lawyer Can Help
Dealing with the legal complexities of a birth injury case can be confusing and overwhelming, especially for families who are already facing the aftermath of a traumatic event. A dedicated personal injury lawyer can make a difference in these times.
These legal professionals specialize in medical malpractice and understand the intricacies involved in such cases.
Your birth injury lawyer will begin by evaluating the circumstances around the injury. They’ll gather medical records, speak with experts, and evaluate their findings to determine whether negligence indeed occurred.
Once the evidence is collected, they build a strong case aimed at securing fair compensation for the family. This compensation often covers medical expenses, costs of future care, lost or reduced income, and non-economic damages like pain and suffering.
Timing is critical when pursuing a birth injury claim in Mississippi, as the state’s statute of limitations for filing a medical malpractice lawsuit is typically only two years from the date of the injury.
There are some exceptions for cases involving minors, which can extend this timeline, but despite these exceptions, it’s still crucial to act quickly. Delaying action can lead to difficulties in gathering evidence, finding witnesses, and building a compelling case.
Early legal intervention also allows you to focus on your child’s well-being while your attorney handles the complexities of the case. By starting the legal process as soon as possible, families can increase their chances of achieving a favorable outcome.
Building a Strong Case
A successful personal injury claim, including birth injuries, hinges on proving four key elements:
- First, your lawyer must be able to demonstrate that the medical provider owed the mother and child a duty of care.
- Next, they’ll need to show that the duty of care wasn’t met, due to negligence or malpractice.
- The third element required proving there’s a direct link between the provider’s actions (or inactions) and the injury that your baby sustained.
- Finally, your lawyer must quantify the damages you’ve suffered. These should include you’re your economic and non-economic losses.
To better strengthen your case, your attorney may collaborate with medical experts who can testify on the standard of care and how it was violated. These experts have a critical role to play in making complex medical issues clearer and demonstrating the injury’s impact on your child’s life.
Families in Biloxi should look for a lawyer with extensive experience in birth injury cases and a track record of successful outcomes. A good lawyer will prioritize transparency and keep the family informed at every stage of the process.
Seeking Justice for a Birth Injury
Filing a birth injury claim can be about more than financial compensation.
It can also be an opportunity for you to hold a negligent healthcare provider accountable for their actions and help prevent similar tragedies from happening to others. Your birth injury lawyer will fight for your family’s rights and help you get closure.
By taking legal action, you can secure the resources you’ll need to provide the best possible care and support for your child.
Whether it involves funding specialized therapies, adapting your home for accessibility, or covering the costs of assistive technology, compensation from a successful claim can make a significant difference in your child’s quality of life.
Acting promptly and choosing the right attorney can help you stay focused on what matters most—taking care of your baby and protecting their future.
At Owen, Owen & Smith, PLLC, we understand that birth injuries can have devastating and far-reaching consequences for families, especially when caused by medical negligence. However, with the support of our experienced Biloxi birth injury lawyers, you can navigate these legalities and get the fair compensation that your family and your baby need and deserve.
If your family has been affected by a birth injury, don’t hesitate to seek legal help. Our compassionate and experienced lawyers can provide the guidance and expertise you’ll need to get justice and build a brighter future for your child.
Contact us today for a free consultation.