When medical negligence during pregnancy, labor, or delivery causes injury to your child or to you as a mother, the consequences can be life-altering.
At Johnson Tabor & Johnson, we understand the heartbreak and uncertainty that families face when a birth injury occurs. Our attorneys have the experience, resources, and compassion to pursue justice on behalf of your family. We work with leading medical experts to investigate what went wrong and hold negligent healthcare providers accountable.
You were supposed to bring home a healthy baby. If medical mistakes changed that outcome, we're here to fight for the care and compensation your family deserves.
Understanding Birth Injury Claims
A birth injury occurs when a baby or mother is harmed due to medical negligence before, during, or after delivery. Not every complication during childbirth is the result of malpractice—but when doctors, nurses, or other medical professionals fail to meet the accepted standard of care, and that failure causes injury, families have the right to seek compensation.
Birth injury claims are a specialized area of medical malpractice law. They require proving that a healthcare provider deviated from the standard of care and that this deviation directly caused the injury. These cases demand a thorough understanding of obstetric medicine, fetal monitoring, and neonatal care—knowledge that our legal team brings to every case we handle.
Common Types of Birth Injuries
Birth injuries can range from mild, temporary conditions to severe, permanent disabilities. Our attorneys handle cases involving all types of birth injuries, including:
Cerebral Palsy
A group of neurological disorders caused by brain damage before, during, or shortly after birth. Often linked to oxygen deprivation during labor and delivery.
Erb's Palsy & Brachial Plexus Injuries
Nerve damage to the shoulder, arm, and hand, typically caused by excessive pulling or force during delivery. Can result in partial or total paralysis of the affected arm.
Brain Damage from Oxygen Deprivation
When a baby is deprived of oxygen during labor (hypoxia or anoxia), it can lead to permanent brain damage, developmental delays, and cognitive impairment.
Skull Fractures
Fractures of the skull can occur during difficult deliveries, particularly when forceps or vacuum extractors are improperly used.
Facial Nerve Damage
Pressure on the baby's face during delivery or improper use of instruments can damage facial nerves, potentially causing paralysis or loss of muscle control.
Spinal Cord Injuries
Trauma to the spinal cord during delivery can cause partial or complete paralysis, affecting the child's mobility and quality of life.
Maternal Injuries
Mothers may also suffer injuries including uterine rupture, hemorrhage, infections, and other complications caused by negligent medical care during labor and delivery.
Common Causes of Birth Injuries
Birth injuries often result from preventable medical errors. When investigating your case, we look for evidence of negligence including:
Improper Use of Forceps or Vacuum Extraction
When delivery instruments are used incorrectly or with excessive force, they can cause skull fractures, brain hemorrhages, nerve damage, and other serious injuries to the baby.
Failure to Monitor Fetal Distress
Fetal heart rate monitoring is essential during labor. When medical staff fail to recognize signs of distress—such as abnormal heart rate patterns—the baby can suffer oxygen deprivation and brain damage.
Delayed C-Section
When complications arise during labor, a timely cesarean section can prevent serious harm. Unnecessary delays in performing a C-section can lead to oxygen deprivation and permanent injury.
Failure to Diagnose Complications
Conditions such as preeclampsia, gestational diabetes, placenta previa, and umbilical cord problems must be identified and managed during pregnancy. Failure to diagnose and treat these conditions can endanger both mother and child.
Medication Errors During Labor
Administering incorrect medications, improper dosages, or failing to account for drug interactions during labor can cause contractions to become dangerously strong, drop the baby's heart rate, or cause other serious complications.
Inadequate Prenatal Care
When healthcare providers fail to perform proper screenings, monitor high-risk pregnancies, or respond to warning signs during prenatal visits, preventable injuries can occur at delivery.
The Devastating Impact of Birth Injuries
A birth injury doesn't just affect your child—it affects your entire family for years or even a lifetime. The physical, emotional, and financial consequences can be overwhelming.
Lifetime Medical Care
Many birth injuries require ongoing medical treatment, surgeries, rehabilitation, and specialist care that can cost millions of dollars over a child's lifetime.
Physical Therapy & Rehabilitation
Children with birth injuries often need years of physical therapy, occupational therapy, and speech therapy to reach their full potential.
Special Education & Support
Many birth-injured children require specialized educational programs, tutoring, adaptive learning tools, and one-on-one support throughout their school years.
Medical Equipment & Home Modifications
Wheelchairs, communication devices, accessible vehicles, and home modifications can add significant costs that families must bear.
Emotional Toll on Families
The emotional impact of a birth injury is immeasurable. Parents face grief, anxiety, and stress. Marriages and family relationships are tested. Siblings are affected. We fight to ensure families have the resources they need to cope and to provide the best possible quality of life for their child.
Why Birth Injury Cases Require Specialized Attorneys
Birth injury cases are among the most complex areas of personal injury law. Here's why working with an experienced birth injury attorney matters:
Understanding Obstetric Medicine
Birth injury cases involve intricate medical records, fetal monitoring strips, medication logs, and surgical reports. Your attorney must be able to analyze this evidence and identify where the standard of care was breached.
Access to Leading Medical Experts
Proving negligence requires testimony from qualified obstetric, neonatal, and pediatric experts. We work with top medical professionals who can review your case and testify about what should have been done differently.
The Investment Required to Win
Birth injury cases require substantial financial resources to litigate. Expert witness fees, medical record analysis, life care planning, and economic projections are all necessary to build a strong case. We invest in your case because we believe in it.
Special Rules for Minors in Nebraska
In Nebraska, the statute of limitations for medical malpractice is generally two years. However, special rules apply when the injured party is a minor. A claim on behalf of a child must typically be filed before the child turns 20 years old. Despite this extended timeline, critical evidence can be lost over time, so it is important to consult an attorney as soon as possible.
Types of Compensation Available
Families affected by birth injuries may be entitled to significant compensation, including:
Past & Future Medical Expenses
All medical costs related to the birth injury, including hospitalizations, surgeries, medications, therapies, and ongoing specialist care for the child's lifetime.
Home Care & Assistive Devices
In-home nursing care, personal care attendants, wheelchairs, communication devices, vehicle modifications, and home accessibility upgrades.
Lost Earning Capacity
If the birth injury limits the child's future ability to work and earn a living, compensation can cover their projected lifetime loss of income.
Pain, Suffering & Diminished Quality of Life
Compensation for the physical pain, emotional trauma, and reduced quality of life experienced by the child and the family.
Serving Birth Injury Families Across Nebraska
Johnson Tabor & Johnson represents families affected by birth injuries throughout Nebraska, including:
- Omaha and surrounding metro
- Lincoln and Lancaster County
- Grand Island and Hall County
- Kearney and Buffalo County
- Norfolk and Madison County
- Columbus and Platte County
- North Platte and Lincoln County
- Scottsbluff and the Panhandle
- All of Nebraska & western Iowa
Frequently Asked Questions About Birth Injuries in Nebraska
Your Family Deserves Answers—and Justice.
If your child suffered a birth injury due to medical negligence, contact us today for a free, confidential consultation. We'll review your case and help you understand your options.
There's no fee unless we win.