What Alabama Families Should Know About Birth Injury Claims
- 1 day ago
- 3 min read
The moments following a difficult delivery can feel overwhelming. If your child was harmed during labor or delivery — or if you were told that complications were unexpected — it may be difficult to know what questions to ask or where to turn.
Birth injuries are among the most serious and emotionally complex cases in medical malpractice law. Understanding what they involve, and when they may be the result of preventable error, is an important first step.
What Is a Birth Injury?
A birth injury refers to harm sustained by a newborn before, during, or shortly after delivery. Some birth injuries are the result of unavoidable complications. Others may occur when medical providers deviate from the accepted standard of care during labor, delivery, or the newborn period.
Common birth injuries seen in medical malpractice cases include:
• Hypoxic-ischemic encephalopathy (HIE) — brain injury caused by oxygen deprivation
• Cerebral palsy linked to delivery complications or delayed intervention
• Erb's palsy and brachial plexus injuries from excessive force during delivery
• Shoulder dystocia mismanagement
• Delayed recognition of fetal distress
• Failure to perform a timely cesarean section
Not every birth injury results from negligence. However, when providers fail to recognize warning signs, respond appropriately to fetal monitoring data, or act within acceptable clinical timeframes, serious harm can occur.
What the Medical Records Can Tell You
In birth injury cases, the medical record is often the most important source of information. Modern obstetric documentation captures a detailed picture of what occurred — including fetal heart rate monitoring strips, nursing notes, physician orders, medication administration records, and operative documentation.
These records can help establish:
• Whether fetal distress was recognized and how providers responded
• The timing of decisions such as calling for a cesarean section
• Whether protocols for high-risk deliveries were followed
• Communication breakdowns between the care team
• Whether late entries or documentation changes occurred after delivery
Reviewing these records requires both legal analysis and genuine medical understanding — particularly an understanding of obstetric standards and what normal labor and delivery management looks like.
Why Medical Knowledge Matters in Birth Injury Cases
Birth injury litigation is unique. The standard of care in obstetrics involves nuanced clinical judgment — reading fetal monitoring strips, managing labor augmentation, responding to evolving maternal and fetal status. An attorney who has never been inside a delivery room may struggle to understand what the records are actually showing.
Dr. François Blaudeau, founding attorney at Southern Med Law, practiced as an obstetrician-gynecologist for decades and personally attended more than 9,000 deliveries. He then earned his law degree and has since tried medical malpractice cases in more than 30 states.
When he reviews a birth injury case, he brings both the legal framework and the clinical experience to understand exactly what should have happened — and where the care may have fallen short.
How Long Do You Have to File a Birth Injury Claim in Alabama?
In Alabama, the statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered or reasonably should have been discovered. However, birth injury cases involving minors are treated differently — claims on behalf of a child may be filed until the child reaches a certain age, depending on the circumstances.
Because these timelines are complex and fact-specific, it is important to speak with an attorney before assuming time has passed. Early evaluation also allows for preservation of records that may otherwise become difficult to obtain.
What Should Families Do If They Suspect a Birth Injury?
If you believe your child may have sustained a preventable birth injury, a few early steps can make a significant difference:
• Request complete copies of all labor and delivery records, including fetal monitoring strips
• Request the newborn's hospital records and any NICU documentation
• Document your child's diagnosis, treatment history, and any therapies recommended
• Avoid discussing the potential claim on social media
• Consult with an attorney who has specific experience in birth injury and obstetric malpractice
You do not need to have all the answers before reaching out. An initial consultation can help you understand whether what occurred warrants further investigation.
Southern Med Law Represents Birth Injury Families Nationwide
Southern Med Law represents individuals and families in complex birth injury and medical malpractice cases in Alabama and across the country. Our founding attorney's background as both a practicing obstetrician and a trial lawyer gives our clients a distinct advantage in understanding and presenting these highly technical cases.
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