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Medical Malpractice

Birth Injuries in Oklahoma

When doctors and hospitals fail to protect babies during labor and delivery, families pay the price for a lifetime. We hold them accountable.

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Key Takeaways

  • Oxygen deprivation: Leading cause of cerebral palsy and brain damage
  • Fetal monitoring: Key evidence of whether medical team responded to distress
  • Extended deadline: Children have until age 19 to file in Oklahoma
  • Lifetime costs: Cases often involve millions in future care needs

On This Page

What Is a Birth Injury?

A birth injury is harm to a baby that occurs during labor, delivery, or the immediate postnatal period due to medical negligence. Unlike birth defects (which develop during pregnancy), birth injuries are caused by actions or omissions of medical providers during the birthing process.

Many birth injuries are preventable. When doctors fail to recognize warning signs, delay necessary interventions, or use improper techniques, babies can suffer permanent, life-altering harm.

The Stakes

Birth injuries can result in lifelong disabilities requiring constant care. Children with cerebral palsy, for example, may need nursing care, physical therapy, special education, and adaptive equipment for their entire lives—costs that can exceed $1 million.

Types of Birth Injuries

Birth injuries range from minor bruising to devastating brain damage:

Cerebral Palsy

Brain damage from oxygen deprivation causing motor control problems, muscle spasticity, and developmental delays.

Hypoxic-Ischemic Encephalopathy (HIE)

Brain injury from lack of oxygen and blood flow. Can cause seizures, cognitive impairment, and death.

Brachial Plexus Injuries / Erb's Palsy

Nerve damage causing arm weakness or paralysis, typically from shoulder dystocia mismanagement.

Skull Fractures & Intracranial Hemorrhage

Head trauma from improper use of forceps or vacuum extractors, causing bleeding in the brain.

Facial Nerve Damage

Pressure during delivery causing facial paralysis, often from forceps use.

Spinal Cord Injuries

Rare but devastating injuries from excessive pulling or twisting during delivery.

Common Causes of Birth Injury Malpractice

Failure to Monitor

Not properly monitoring fetal heart rate; ignoring signs of distress (decelerations, bradycardia).

Delayed C-Section

Waiting too long to perform emergency cesarean when vaginal delivery is failing or baby is in distress.

Improper Instrument Use

Excessive force with forceps or vacuum extractors causing skull fractures, brain bleeds, or nerve damage.

Mismanaged Shoulder Dystocia

Pulling too hard on baby's head when shoulder is stuck, causing brachial plexus injuries.

Medication Errors

Pitocin overdose causing hyperstimulation; failure to reverse problematic medications.

Cord Problems

Failure to recognize umbilical cord prolapse or nuchal cord; delayed intervention.

Proving Birth Injury Malpractice

The key evidence in birth injury cases is the fetal monitoring strip—a continuous recording of the baby's heart rate during labor. This strip tells us:

  • When the baby first showed signs of distress
  • How the medical team responded (or failed to respond)
  • How long the baby was deprived of adequate oxygen
  • Whether timely intervention would have prevented injury

We work with OB/GYN experts, neonatologists, and pediatric neurologists to analyze the medical records and establish what should have been done—and when.

Lifetime Damages in Birth Injury Cases

Birth injury cases often involve the largest damages of any medical malpractice claim because they affect the child's entire life:

Economic Damages

  • Lifetime medical care
  • Surgeries and hospitalizations
  • Physical, occupational, speech therapy
  • Special education costs
  • Home modifications
  • Adaptive equipment
  • Personal care attendants
  • Lost future earning capacity

Non-Economic Damages

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of normal childhood
  • Emotional distress
  • Parents' loss of consortium
  • Disfigurement

Life Care Planning

We work with life care planners to calculate the child's future needs over their expected lifespan. These experts document every anticipated cost: medical care, therapy, equipment, housing, and personal assistance. This ensures any settlement or verdict provides for the child's lifetime needs.

Frequently Asked Questions

A birth injury is harm to a baby that occurs during labor, delivery, or shortly after birth due to medical negligence. This includes oxygen deprivation (hypoxia), physical trauma from forceps or vacuum extractors, failure to perform timely C-section, and failure to recognize and treat fetal distress.
Birth defects occur during fetal development (genetic or environmental causes) and are present before labor begins. Birth injuries occur during labor and delivery due to trauma, oxygen deprivation, or medical errors. Birth injuries are often preventable; birth defects typically are not. However, some malpractice involves failure to diagnose birth defects prenatally.
Cerebral palsy (CP) often results from oxygen deprivation to the baby's brain during labor and delivery. Causes include: failure to monitor fetal heart rate, delayed emergency C-section, umbilical cord problems (prolapse, nuchal cord), placental abruption, and prolonged labor. Not all CP is caused by malpractice, but many cases are preventable.
HIE is brain damage caused by lack of oxygen and blood flow to the baby's brain during birth. It can result from placental problems, umbilical cord compression, uterine rupture, or delayed delivery. HIE can cause cerebral palsy, developmental delays, seizures, and death. Cooling therapy (therapeutic hypothermia) within 6 hours can reduce damage.
Signs include: low Apgar scores, seizures shortly after birth, difficulty feeding or swallowing, excessive crying or lethargy, stiffness or floppiness, favoring one side of the body, and developmental delays. Some injuries aren't apparent until the child misses developmental milestones months or years later.
Yes. In Oklahoma, minors have extended time to file. The statute of limitations is typically tolled (paused) until the child reaches age 18, then they have until age 19 to file. Additionally, many birth injuries aren't fully apparent until the child is older and developmental delays become clear. Consult an attorney to understand your specific timeline.
Shoulder dystocia occurs when the baby's shoulder gets stuck behind the mother's pubic bone during delivery. It requires immediate intervention. Improper maneuvers (excessive traction on the baby's head) can cause brachial plexus injuries, Erb's palsy, or permanent nerve damage. Doctors should recognize risk factors and be prepared.
Erb's palsy is paralysis of the arm caused by damage to the brachial plexus nerves during delivery, usually from shoulder dystocia. The baby cannot move the affected arm. Severity ranges from temporary weakness to permanent paralysis requiring surgery. Erb's palsy often results from excessive pulling on the baby's head during delivery.
We work with OB/GYN and neonatology experts to review fetal monitoring strips, labor records, and delivery notes. Key questions: Did the medical team properly monitor the baby? Did they recognize signs of fetal distress? Did they respond appropriately and timely? Was a C-section unreasonably delayed? Did they use proper techniques?
Birth injury damages often include lifetime costs: medical care (surgeries, therapies, medications), special education, home modifications, adaptive equipment, personal care attendants, lost earning capacity, and pain and suffering. A life care planner helps calculate future needs. Settlements are often structured to provide ongoing care.
Yes. The delivering physician (OB/GYN or midwife), hospital, anesthesiologist, and nurses may all be liable depending on who was negligent. Hospitals are liable for employee negligence and may be liable for failing to have proper protocols, adequate staffing, or functioning equipment.
We work on contingency—you pay nothing unless we win. Birth injury cases require significant investment in medical experts, life care planners, and economists. We advance all costs. Our fee comes only from the recovery we obtain for your family.

Was Your Baby Harmed at Birth?

Birth injuries change families forever. We fight to hold hospitals accountable and secure the resources your child needs for a lifetime of care.

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