Birth Injury

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Pittsburgh Birth Injury Attorneys

Injuries that occur during labor or childbirth are among the most tragic in all of medicine. When an infant is irreparably injured due to the negligence of a doctor or hospital staff, their life is forever changed. The child suffers the loss of their own potential. The family suffers the financial burden of caring for the child. Both child and family suffer the loss of a normal life.

What Is Birth Injury?

In this video, Pittsburgh birth injury attorney Brendan Lupetin discusses childbirth injuries that can occur before, during and after delivery.

One of the most significant types of medical malpractice cases that we work on are matters that involve injuries to infants – otherwise called “birth injury cases”. These types of medical malpractice matters fall into two categories; typically there is an error in the lead up to birth, or there is an error in the treatment of the baby after birth.” 

Watch the video to learn more.

Childbirth Injury FAQ

What Constitutes A Birth Injury Case?

Birth injury cases may arise when obstetricians or obstetrical nurses fail to timely recognize and treat serious medical conditions affecting the mother, fetus, or both. 

We understand that injuries that occur during childbirth have a devastating effect, both financially and emotionally. Medical bills and the costs of caring for the child over the course of their life can be astronomical. Parents have a deep need to understand what has happened, and why. You need to know whether there was anything that could have been done to prevent this injury from occurring. We are here to help you answer those questions.

Examples of Birth Injury Cases Our Attorneys Have Handled

We can provide you with broad examples of the types of birth injury cases we have handled, but due to a Pennsylvania Law called MCARE we cannot legally provide you with specific details including names of victims, doctors, hospitals, and settlement amounts.

We have helped find solutions for many families suffering from the heartache of a birth injury. This includes children afflicted with Cerebral Palsy, hypoxic ischemic encephalopathy, and brain injury as a result of medical malpractice, children who have sustained brachial plexus injuries and Erb’s Palsy during childbirth resulting from shoulder dystocia, and brain damage or other injuries occurring in the first month of life because of improper care management.

Some Examples Cases By Condition Include:

  • A delay in recognizing and responding to fetal distress evidence on fetal monitor.
  • As to the nurses and hospital, the failure to have or employ policies insuring the proper recognition and management of fetal distress when it appears.
  • As to obstetricians and their prenatal care, failure to recognize the presence and significance of hypertension in pregnancy. This includes a delay in treatment of pre-eclampsia and its complications, which can affect the mother and child.
  • An obstetrician, who during a forceps assisted delivery, rotated the baby’s head 180° in the course of the baby’s birth resulting in a useless and now miniature right arm.
  • The failure to recognize during artificial rupture of the membranes that placenta previa was present (placenta near or covering the cervical canal) resulting in hemorrhage in infant before birth of such magnitude as to cause permanent bilateral kidney damage requiring kidney transplant.
  • The failure by obstetrical staff to recognize signs and symptoms of placental abruption (separation of the placenta or a part prior to birth) resulting in a fatal hemorrhage in the mother and brain injury in the infant when delivered.
  • In failing after delivery of an infant where meconium was present, at the time membranes were ruptured to remove by suction from the infant’s airway after birth meconium which had entered the lung, thereby resulting in respiratory insufficiency and meconium aspiration syndrome.
  • In permitting a midwife to manage the labor and delivery in a hospital obstetrical unit when a patient’s pregnancy was known to be at risk without requiring consultation by the midwife of the attending obstetrician where the mother was led to believe the midwife was a physician. And, where due to the presence of the midwife, another hospital staff failed to properly respond to the evidence of fetal distress resulting in the needless delay of a cesarean section and the infant suffered ruinous brain injury.


Diabetic ketoacidosis in pregnancy is a serious medical condition which can threaten the life of the pregnant patient and the fetus.  Obstetricians and nurses who care for pregnant patients need to recognize signs of diabetic ketoacidosis, confirm the diagnosis, and provide timely treatment to assure the health of the patient and fetus.


Among the most unfortunate legal cases that our law firm handles are those involving death or injury to a fetus or newborn child. Too often what should be a time of great joy is instead filled with sadness because obstetricians, nurses or hospitals fail to assure that mother and child receive appropriate medical care during labor and delivery.


Medical malpractice may have occurred if a doctor or medical professional fails to diagnose or delay the diagnosis of a baby born with a congenital heart defect. Congenital heart defects are the most common type of birth defect. Approximately 700 babies are born in Pennsylvania each year with heart defects.

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