Alabama Birth Injury Lawyers: Investigating Possible Hospital Neglect

Birth injuries can range from mild, temporary conditions to life-altering harm. Some outcomes are not preventable even with appropriate care. Others may be linked to delays, missed warning signs, communication breakdowns, or treatment decisions that fall below the required standard.

When a Delivery Goes Wrong: Understanding Birth Injury Claims in Alabama

In Alabama medical malpractice litigation, the central questions often include (1) what the applicable standard of care required under the circumstances, (2) whether a provider breached that standard, and (3) whether the breach was a likely cause of injury and compensable damages. Alabama’s medical-liability law defines and governs key aspects of the standard-of-care analysis. See Ala. Code § 6-5-548.

What “Hospital Neglect” Can Look Like in Labor and Delivery

In birth injury cases, “neglect” is usually alleged as a failure to monitor, respond, communicate, or escalate care appropriately in time-sensitive situations. Depending on the facts, an investigation may examine issues such as:

• Failure to assess or respond to concerning fetal heart rate patterns (when monitoring is used)
• Delays in calling an OB/GYN, anesthesia, or neonatal specialists
• Delays in performing a C-section when clinically indicated
• Medication errors (dose, timing, contraindications, or administration mistakes)
• Problems managing shoulder dystocia, hemorrhage, infection risk, or hypertensive disorders
• Inadequate staffing, poor handoffs, or incomplete documentation
• Delayed diagnosis or treatment of maternal or newborn infection

Fetal monitoring is commonly used in hospitals and can be important evidence in some cases. For general background, see ACOG’s patient FAQ on fetal heart rate monitoring.

Common Birth Injuries That May Be Linked to Negligent Care (Depending on Cause)

Birth injuries vary widely in severity and in how clearly they can be tied to specific clinical decisions. Depending on the circumstances, cases may involve:

• Hypoxic-ischemic encephalopathy (HIE): brain injury associated with reduced oxygen/blood flow. See MedlinePlus: Hypoxic-ischemic encephalopathy of newborn.
• Cerebral palsy: a group of disorders affecting movement and posture with varied causes; sometimes associated with birth complications, but not always. See CDC: Cerebral Palsy (About).
• Brachial plexus injuries (including Erb’s palsy): nerve injuries that can occur during delivery, including in shoulder dystocia scenarios. See MedlinePlus: Brachial plexus injuries.
• Skull fractures, intracranial bleeding, or other birth trauma
• Severe jaundice/hyperbilirubinemia complications (in some situations). See MedlinePlus: Jaundice in newborns.

Important: a diagnosis alone does not prove malpractice. The legal issue is whether the injury was more likely than not caused by substandard care, as supported by medical evidence and qualified expert review.

Red Flags Parents Notice After a Difficult Delivery

Only a medical-legal review can evaluate whether negligence occurred, but families often seek answers after events such as:

• Low Apgar scores, NICU admission, seizures, or the need for resuscitation
• Concerns raised about oxygen deprivation in the record or by staff
• Reports of decreased fetal movement or severe maternal symptoms that were not addressed as expected
• Prolonged or complicated labor with delayed escalation
• Conflicting explanations about what happened and when key decisions were made

What to Do If You Suspect a Birth Injury Was Preventable

1) Get follow-up care and evaluations

Prioritize appropriate pediatric, neurological, and developmental evaluations. Early intervention may matter medically regardless of any legal claim.

2) Request medical records (including fetal monitoring data, if applicable)

Consider requesting prenatal records, hospital records, fetal monitoring strips/exports, nursing notes, medication administration records, operative reports, and newborn/NICU records.

3) Write down what you remember

Note timelines, names, and symptoms you observed. Practical details can help counsel and experts reconstruct events.

4) Be cautious with paperwork you do not understand

If you are asked to sign authorizations or releases and you are unsure of the scope, consider getting legal advice first.

5) Talk to a lawyer experienced in Alabama medical-malpractice litigation

Birth injury cases are typically document- and expert-intensive. Counsel can help assess viability, identify appropriate experts, and preserve evidence.

How an Alabama Birth Injury Lawyer Typically Builds a Case

While every case is different, a typical investigation may include:

• Collecting complete records and key data (including fetal monitoring where relevant)
• Consulting qualified medical experts to evaluate standard of care and causation under Alabama law (see Ala. Code § 6-5-548)
• Building a timeline of labor, orders, interventions, and escalation decisions
• Documenting damages (medical expenses, therapy, assistive technology, and future care needs)
• Identifying potentially responsible parties (which may include hospitals, physician groups, and individual clinicians)

Compensation in Birth Injury Cases: What Damages May Include

Damages depend on the facts, proof, and what Alabama law allows in the specific case. Potential categories may include:

• Past and future medical expenses
• Therapy, rehabilitation, and assistive technology
• In-home care and specialized transportation (when supported)
• Home modifications and long-term care planning
• Lost earning capacity (where applicable and provable)
• Non-economic damages (such as pain and suffering) where permitted and supported by evidence

Deadlines: Alabama Medical Liability Claims Can Be Time-Sensitive

Alabama has specific timing rules for medical-liability actions, and calculating the correct deadline can depend on the date of the act/omission, when the injury was or should have been discovered, and whether special rules apply (including for minors). See Ala. Code § 6-5-482. Because deadline analysis is highly fact-specific, getting legal advice quickly can help protect your options.

FAQ

Does a birth injury automatically mean malpractice?

No. Some complications occur even with appropriate care. A viable claim generally requires proof that the standard of care was breached and that the breach likely caused the injury.

What records matter most in a labor and delivery investigation?

Often: labor and delivery records, nursing notes, fetal monitoring data (if used), medication administration records, operative reports, and newborn/NICU records.

How long do I have to file an Alabama medical-liability claim?

Deadlines can be strict and depend on the facts, including discovery issues and special rules that may apply. Review Ala. Code § 6-5-482 and speak with an Alabama attorney promptly to protect your rights.

Talk to an Alabama Birth Injury Attorney

If you suspect a preventable error contributed to your child’s injury, an attorney can help you understand the records, the medical issues, and whether a claim is worth pursuing. Contact us to discuss your situation confidentially.