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The birth of a child should be the happiest day of your life. Parents trust doctors, nurses, and hospitals to safeguard their newborn during pregnancy, labor, and delivery. When that trust is broken due to negligence, the results can be heartbreaking. A single medical error can lead to lifelong disabilities, overwhelming medical expenses, and emotional trauma that no family should have to endure.
At Snyder & Wenner, P.C., we understand the devastating impact medical negligence can have on a child and their family. Our attorneys handle complex cases involving oxygen deprivation, delayed C-sections, improper use of delivery instruments, and other forms of negligent medical care. Whether your family needs a Birth Trauma Attorney or a Birth Injury Medical Malpractice Lawyer in Phoenix, AZ, we are committed to pursuing accountability and securing the resources your child may need for lifelong care. Snyder & Wenner has handled birth injury lawsuits throughout Arizona and the country for more than 40 years, including cases involving cerebral palsy and other life-changing injuries.
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A birth injury occurs when a newborn suffers physical harm or brain damage due to errors made during pregnancy, labor, delivery, or shortly after birth. These injuries often happen when medical professionals fail to meet accepted standards of care. While not every complication rises to the level of malpractice, injuries caused by missed signs of distress, improper delivery techniques, or a delayed C-section are usually preventable and should never happen.
For example, if a doctor ignores concerning fetal heart rate patterns, waits too long to order an emergency C-section, or improperly uses forceps, the outcome can be devastating. Nurses also cause life-long injuries by failing to notify the doctor and failing to stop Pitocin. In other cases, hospitals fail to screen newborns for jaundice, infections, or hypoglycemia—conditions that are easily treated if caught in time but dangerous if left unaddressed.
While a small percentage of birth defects occur because of genetic or developmental factors outside a healthcare provider’s control, some families initially suspect a preventable medical error contributed to their child’s condition. An experienced birth defects lawyer can help evaluate medical records and determine whether negligence during pregnancy, labor, delivery, or newborn care played a role in the outcome.
It is important to understand the difference between birth injuries and birth defects. Birth defects are typically caused by genetic conditions or maternal health factors, such as Down syndrome or congenital heart disease. These conditions often cannot be prevented by medical care.
Birth injuries, on the other hand, result from errors during pregnancy or delivery. They are usually preventable when doctors and nurses follow proper procedures. Unlike genetic conditions, a birth injury is caused by negligent actions—or inactions—by medical professionals. That distinction matters when determining whether you have a legal case.
While some birth defects result from genetic or developmental factors, families may sometimes question whether negligent prenatal care, labor management, delivery, or newborn treatment contributed to a child’s condition. A birth defects lawyer can review the medical records and circumstances to determine whether the condition may instead involve a preventable birth injury or another form of medical negligence.
Arizona hospitals are required to follow strict standards to protect mothers and infants. Unfortunately, when these standards are ignored or care teams fail to act quickly, serious harm can occur.
Some of the most common errors include failing to monitor fetal heart rates, mismanaging medications during labor, applying too much force during delivery, or waiting too long to perform a C-section. Even after birth, negligence can take the form of failing to treat infections or not screening for high bilirubin levels.
The truth is that most of these injuries are entirely preventable. Proper monitoring, timely intervention, and adherence to established medical guidelines can mean the difference between a healthy newborn and a lifetime of challenges.
At Snyder & Wenner, P.C., we’ve represented families dealing with many different types of birth injuries. Some of the most common include:
HIE occurs when a newborn’s brain is deprived of oxygen and blood flow. Causes include prolonged labor, cord prolapse, or placental abruption. In developed countries, HIE affects about 1–3 out of every 1,000 births. The impact can be devastating, often leading to cerebral palsy, developmental delays, or seizures. With proper fetal monitoring and timely emergency intervention, many HIE cases could have been avoided.
Cerebral palsy is a disorder that affects movement and posture. It can develop when a baby suffers oxygen deprivation, untreated jaundice, or trauma during delivery. Roughly 2–3 out of every 1,000 children are diagnosed with CP, and the challenges can range from mild motor issues to severe disabilities requiring lifelong care.
This injury damages the network of nerves that control the arm and shoulder. It often results from excessive traction during shoulder dystocia or improper use of forceps. While some infants recover, others suffer partial or complete paralysis in the affected arm.
Each of these injuries has one thing in common: they are frequently the result of medical negligence and could have been prevented with proper care.
The effects of a birth injury are not limited to the hospital room. These injuries often change the course of a child’s entire life. Some children require ongoing therapies, surgeries, or medications, while others may never walk, talk, or live independently.
Families also face immense financial pressure. According to the Centers for Disease Control and Prevention, the lifetime cost of caring for a child with cerebral palsy alone will exceed $10 million. That figure does not include the emotional toll on parents and siblings, or the lost income when one parent must stop working to provide full-time care.
Filing a birth injury lawsuit in Phoenix, AZ, can involve complex medical records, expert review, and detailed analysis of the care provided during pregnancy, labor, delivery, and the newborn period. At Snyder & Wenner, we begin by gathering medical records, fetal monitoring strips, and hospital protocols. We then consult with appropriate medical professionals to evaluate what occurred and whether the care provided met accepted medical standards.
Once we establish negligence, we work with life-care planners and economists to calculate the true cost of your child’s needs, both now and in the future. Some cases resolve through settlement, while others go to trial. Regardless of the path, we prepare every case with the expectation that it will go before a jury. This level of preparation often results in stronger outcomes for our clients.
Every birth injury lawsuit is unique. Some cases involve failures to recognize fetal distress, while others stem from delayed intervention during labor or improper newborn care. A birth injury attorney can investigate whether healthcare providers followed accepted medical standards and whether earlier intervention could have prevented the injury. Thorough case preparation is especially important when a child may require future medical treatment, therapy, specialized equipment, or long-term support.
Medical malpractice cases are highly complex, and hospitals often have legal teams and insurers working to defend claims. Working with an experienced birth injury attorney can help families in Phoenix, AZ, investigate medical records, obtain appropriate expert review, and develop evidence concerning how the injury occurred and what care the child may need in the future.
The stakes are too high to face this alone. A qualified lawyer ensures your family’s voice is heard and your child’s future is protected.
Families across Arizona turn to Snyder & Wenner for representation in complex birth injury cases. For more than 40 years, the firm has handled the most serious medical malpractice claims involving children and families. As a birth injury law firm serving Phoenix, AZ, and communities throughout the state, Snyder & Wenner combines extensive litigation experience with access to medical professionals who can help evaluate the care provided and the long-term effects of an injury.
Our approach is simple: treat every case like it matters because it does. We prepare for trial from day one, we fight aggressively for accountability, and we provide the compassion and communication families need during one of the hardest times of their lives.
We also work on a contingency fee basis, which means you pay nothing upfront. We advance all costs, and you owe us nothing unless we recover compensation for your family.
If your child suffered a preventable birth injury in Phoenix, Tucson, Flagstaff, Scottsdale, or anywhere in Arizona, you don’t have to face this alone. Snyder & Wenner, P.C. is here to provide answers, support, and dedicated legal advocacy.
Call (602) 224-0005 today to schedule a confidential consultation with a birth injury lawyer serving Phoenix, AZ, and families throughout Arizona. Our team of lawyers and nurses can review your situation, answer your questions, and help determine whether your family may have grounds to pursue a birth injury lawsuit.
A birth injury occurs while the mother is in labor or in the process of delivery. A birth defect, on the other hand, is a medical condition that develops while the baby is still in the womb. The defense always tries to argue that the child’s issues are a birth defect, because they hope doing so will persuade a jury to let them off the hook.
Statistically, about 1 in 345 children is diagnosed with cerebral palsy. The number one cause of cerebral palsy is brain injury caused by lack of oxygen to a baby’s brain. This is called hypoxia. The most common cause of hypoxia is medical malpractice, namely the doctors or nurses failing to recognize signs of fetal distress. If the fetal distress is not properly diagnosed and treated (by c-section or delivery), the baby is much more likely to suffer brain damage from the lack of oxygen.
A very, very small percentage of cerebral palsy diagnoses are due to a genetic component. Even in instances where there is a genetic component involved, negligence during the delivery can still cause additional and significant injuries to the child. If the child does not have any dysmorphic characteristics, such as disfigurement in the fingers and face, genetics are most likely not the cause of the cerebral palsy.
The most common way a doctor or nurse can cause a baby’s brain injury is by failing to recognize the baby’s distress and potential lack of oxygen. This can include late decelerations and/or minimal variability as seen on the fetal heart tracing. The fetal heart tracing records data about how the baby is doing. If there are late decelerations and/or minimal (or absent) variability, that indicates the baby is going through periods of hypoxia or lack of oxygen. If there are repeated periods of hypoxia, the baby will not be able to oxygenate and that will result in brain damage.
If a baby appears in distress on the fetal heart monitor, the standard of care typically requires a decision be made to deliver the baby. Delay in delivery can result in brain injury to the baby caused by lack of oxygen. The baby can withstand some insult and be resuscitated after birth to avoid injury. If the distress lasts for too long (around 30 minutes or longer) without intervention, the lack of oxygen (hypoxia) can result in permanent brain injury and lead to cerebral palsy.
Most often, decreased or absent fetal movement as felt by the mom is completely meaningless and does not indicate any problem at all with the baby. Babies go through long sleep cycles where they may not move or may not move as they normally do. Decreased movement of 15+ hours is most often not concerning to the doctors, as it is not associated with or linked to any adverse outcomes.
It is impossible for a mom to tell if her baby is not getting enough oxygen. At the hospital, though, a fetal heart monitor will get placed on the mom’s belly. The monitor tracks the movement and vitals of the baby, including its heart rate. This data can be used to determine if there are signs the baby is not getting enough oxygen. Late decelerations, minimal (or absent) variability, and/or no accelerations are all indications of fetal distress and hypoxia. If the doctor(s) and/or nurses do not recognize these warning signs and fail to intervene in a timely manner, the baby is more likely to suffer a permanent brain injury.
If lack of oxygen (hypoxia) was a cause of the baby’s brain injury, the hospital, doctor(s), and nurses may be responsible. In a medical malpractice birth injury case, the plaintiff must prove that the provider(s) was/were negligent, that the negligence was a cause of the baby’s injuries, and what the injuries are. If the nurses and/or doctors failed to recognize the fetal distress, they are responsible for any bad outcome, including brain injury. The hospital employs the nurses, and often times employs the physicians, as well. This is particularly true if a resident is involved in the delivery. In those situations, the hospital is also responsible for the injuries.
The most common causes of birth injuries are when doctors and/or nurses (1) do not recognize the signs that the baby is not getting enough blood flow or oxygen to the brain (hypoxic-ischemic injury); (2) do not see the warning signs of a placental abruption; and (3) delay delivering the baby by c-section. Most birth injuries are preventable if these warning signs on the fetal heart tracing are seen, and the baby is timely delivered.
In Arizona, parents have two years to file a lawsuit for their claims from the date they knew or should have known of the baby’s injuries. That means it is usually two years from the date of delivery. For the baby’s claim, the statute of limitations is 2 years after the child turns 18. If the child has a severe brain injury, the deadline to file a lawsuit can be even later.
If a baby’s birth injury is caused by negligence, then it is considered medical malpractice. The negligence often includes the doctors and/or nurses not recognizing the warning signs that the baby is not getting enough oxygen and/or blood flow. The fetal heart tracing may show decelerations, which means the baby’s heart rate is dropping. If these decelerations continue to occur, the baby needs to be delivered before a brain injury occurs. Waiting too long is often negligent, which would then be a medical malpractice case.
Some injuries can be seen in the baby’s scalp. This can include swelling from the head being pushed up against the cervix. The swelling (called “caput”) can be important because it can mean that oxygen and blood flow to the brain are reduced. There can also be injury to the scalp from improper use of forceps during delivery.
The unfortunate reality is that most birth injuries are preventable. This is particularly true of hypoxic-ischemic injuries when the baby is not getting enough blood or oxygen to the brain. A fetus can adapt to low oxygenation for a certain amount of time and is often very resilient. If the low oxygenation continues for too long, though, a brain injury is inevitable. All that needs to be done to stop the birth injury from occurring is timely delivery. A very simple solution for a potentially devastating outcome.
In Arizona, there are two different types of compensation in a birth injury case. The first is called “general damages,” and it includes all of the pain and suffering, loss of enjoyment of life, disfigurement, anxiety, depression, etc that results from such a serious injury. An experienced attorney in birth injury cases is needed to determine the appropriate dollar amount for that portion of the compensation. The second type of compensation is called “special damages.” That is everything that a dollar amount can be put on, including past medical bills, future medical bills, future lost wages, etc. A life care planner and an economist get retained by the birth injury lawyer and they figure out the correct mathematical formula to apply to the losses.
It can be. Sometimes the child’s brain injury gets worse as he or she gets older and then plateaus, meaning it doesn’t get better or worse. Sometimes the brain injury appears to be getting worse when it’s just because the child is getting older and more deficits become noticeable.
If there is a lack of oxygen and blood flow to the baby’s brain during the labor and delivery, the baby can develop a hypoxic-ischemic brain injury. This often results in cerebral palsy. These injuries are devastating and the baby most often sustains life-changing difficulties. If the baby is too large to be delivered vaginally and the doctors/nurses don’t realize it, the baby can also suffer a brachial plexus injury and have permanent shoulder damage.
Cerebral palsy is very often due to a birth injury, but that is not always the case. Doctors have tried to prevent themselves and others from getting sued for failing to timely deliver the baby, and have come up with theories about how the child’s cerebral palsy may have occurred. This includes genetic and other conditions. The simple fact, however, is that cutting off blood and oxygen supply to the brain will result in a brain injury, and it is the responsibility of the doctors and nurses to recognize those warning signs.
A birth injury is any damage done to the child during labor and delivery. This can be due to a brain injury caused by something reducing the blood and oxygen to the baby’s brain. It can also be a physical, traumatic injury to the brain or the shoulder.
Birth injury lawsuits can take several years due to how difficult and complex they are. Most often, the case should be resolved within approximately 2 years from when it was filed. If the case needs to go to trial, it can take even longer.
The most common type of birth injury is cerebral palsy caused by a hypoxic-ischemic injury. This means that oxygen and blood flow to the baby’s brain were diminished or cut off for too long, and the brain suffered a permanent injury as a result.
Giving birth should be the happiest day of any parent’s life. Unfortunately, if the doctor and/or nurse is negligent and causes the baby to suffer a birth injury, the results are catastrophic. In addition to all the damage to the baby, the birth injury also affects mothers and fathers. Caring for a brain-injured child is a full-time job that can cost many tens of millions of dollars. The statistics also show that when a birth injury occurs, there is a 90% divorce rate among the parents of the baby.
Yes, birth injuries can cause seizures. Typically, these seizures occur 6-12 hours after the brain injury occurs.
Common causes include failure to monitor fetal distress, improper use of delivery tools, overuse of Pitocin, delayed C-sections, and mismanagement of high-risk pregnancies.
Consulting with medical experts and legal professionals can help assess whether standard care protocols were breached during delivery, leading to injury.
For minors, the statute of limitations typically extends until the child’s 18th birthday, after which they have two years to file a claim. However, specifics can vary, so legal consultation is advised. For the parents’ claim, it is typically two years from the date of birth.
Compensation may cover medical expenses, ongoing care costs, pain and suffering, and other damages related to the injury’s impact on the child’s life.
Yes, if both the attending physician and the hospital staff or policies contributed to the negligence leading to the injury, both can be held accountable.
