When a child suffers a preventable birth injury due to medical negligence, families face overwhelming physical, emotional, and financial challenges. At Odom Law Firm, we understand the profound impact these injuries have on your family’s future. Our experienced birth injury lawyers in Fayetteville, Arkansas, work with families to hold negligent medical professionals accountable and secure the compensation your child deserves for ongoing care, treatment, and quality of life.
With over 40 years of experience handling medical malpractice cases and a team of six attorneys with more than 100 combined years of legal experience, we have recovered millions in settlements and verdicts for families affected by birth injuries. We handle every aspect of your case on a contingency fee basis—meaning you pay nothing unless we recover compensation for you. Learn more about Odom Law Firm‘s approach to medical malpractice and our proven track record.
Why Choose Odom Law Firm?
When your family faces the challenges of a birth injury, you need a law firm with experience and a proven record in serious medical malpractice matters. Since 1982, Odom Law Firm has represented families in Arkansas and beyond with the following strengths:
- Meaningful verdicts and settlements for clients harmed by diagnostic failures and hospital negligence.
- $4.26 million settlement for four patients harmed by a pathologist’s failure to diagnose cancer.
- $2.85 million settlement for medical malpractice involving failure to diagnose cancer.
- $2.8 million settlement for hospital negligence in failing to diagnose a stroke.
- Decades representing families in complex malpractice litigation, always prioritizing client care, clear communication, and thorough advocacy.
Odom Law Firm is trusted by families seeking justice and answers after life-changing birth or infant injuries.
What Constitutes a Birth Injury from Medical Negligence
Birth injuries differ fundamentally from birth defects. While birth defects result from genetic or developmental factors unrelated to medical care, birth injuries occur when medical professionals fail to provide the standard of care during pregnancy, labor, or delivery. Understanding this distinction is critical when pursuing a medical malpractice claim.
Medical negligence during childbirth requires four legal elements:
- Duty: The medical professional owed your child a duty of care
- Breach: The professional failed to meet the standard of care expected in similar circumstances
- Causation: The breach directly caused your child’s injury
- Damages: Your child suffered measurable harm requiring compensation
Common negligent acts that cause birth injuries include:
- Failure to monitor fetal heart rate and respond to distress signals
- Improper use of forceps or vacuum extraction devices
- Delayed decision to perform an emergency C-section
- Medication errors during labor or delivery
- Failure to manage infections or complications
- Inadequate prenatal care and monitoring
- Poor communication among medical team members
According to Johns Hopkins research, medical errors during childbirth are more common than many families realize. When these errors result in preventable injuries, families have the right to pursue legal action. The American Medical Association (AMA) also documents the prevalence of birth-related medical errors in its clinical guidelines.
Types of Birth Injuries We Handle
Our firm represents families whose children have suffered various catastrophic injuries, including:
- Cerebral Palsy: Often caused by oxygen deprivation (hypoxia) during delivery
- Erb’s Palsy: Results from improper handling during shoulder delivery, causing nerve damage to the arm
- Hypoxic-Ischemic Encephalopathy (HIE): Brain damage from insufficient oxygen during birth
- Brachial Plexus Injuries: Nerve damage affecting arm and hand function
- Fractures: Broken bones from forceps or improper delivery techniques
- Spinal Cord Injuries: Damage from excessive traction or improper positioning
Each of these injuries requires specialized legal expertise and understanding of the medical negligence that caused them.
Common Causes of Birth Injuries in Arkansas Hospitals
Birth injuries in Arkansas hospitals frequently result from preventable medical errors. Understanding these causes helps families recognize when negligence may have occurred and when to contact a birth injury attorney.
- Failure to Monitor Fetal Distress: Medical professionals must continuously monitor fetal heart rate during labor. Failure to recognize abnormal patterns or respond appropriately can result in oxygen deprivation and permanent brain damage. The American College of Obstetricians and Gynecologists (ACOG) provides specific standards for fetal monitoring that hospitals must follow.
- Delayed Emergency C-Section: When vaginal delivery becomes unsafe, an emergency C-section must be performed promptly. Delays of even minutes can cause irreversible harm to the baby. Hospital negligence in responding to delivery emergencies is a common cause of birth injuries.
- Improper Use of Delivery Instruments: Forceps and vacuum extraction devices require proper training and technique. Misuse causes fractures, nerve damage, and head injuries. Medical professionals must follow established protocols for safe instrument delivery.
- Medication Errors: Incorrect dosages or administration of labor-inducing medications can cause uterine rupture, placental abruption, or fetal distress. These errors represent a significant category of medical malpractice claims.
- Inadequate Staffing: Hospitals must maintain sufficient obstetric staff to respond to emergencies. Understaffing contributes to delayed responses and missed warning signs. The Joint Commission sets standards for hospital staffing levels in obstetric units.
- Infection Management Failures: Maternal infections like Group B Streptococcus (GBS) require proper screening and treatment to prevent transmission to the baby. The CDC (Centers for Disease Control and Prevention) provides comprehensive guidelines for GBS prevention during pregnancy and delivery.
Medical negligence during birth often involves multiple failures working together. A delivery room team might ignore fetal distress signals, fail to communicate concerns, delay calling for surgical backup, and ultimately fail to perform a timely C-section. Each failure compounds the injury. If you believe your child suffered a catastrophic injury due to medical negligence, Odom Law Firm can help you pursue justice and compensation.
The Birth Injury Claim Process
Understanding the legal process helps families know what to expect. Our approach is thorough, transparent, and focused on maximizing your recovery. The process typically involves several key stages:
Initial Consultation: We begin with a free, confidential consultation to discuss your child’s injury, the circumstances of the birth, and your concerns about medical care. This conversation helps us determine whether medical negligence occurred. Contact us today to schedule your free consultation.
Case Evaluation with Medical Experts: We retain qualified medical experts—often obstetricians, pediatricians, or specialists in your child’s specific injury—to review medical records and determine whether the standard of care was breached.
Investigation and Evidence Gathering: We obtain complete medical records, hospital policies, delivery room documentation, and any available video or audio recordings. We interview witnesses and identify all potentially liable parties, including hospitals, physicians, and nursing staff.
Expert Witness Retention: If the case proceeds, we retain expert witnesses who will testify about the standard of care, how it was breached, and how the breach caused your child’s injury. These experts are critical to proving medical malpractice.
Demand Letter and Negotiation: We prepare a detailed demand letter presenting our evidence and legal arguments to the liable parties’ insurance companies. We then negotiate aggressively to reach a fair settlement that covers all of your child’s needs.
Settlement or Trial Preparation: Most cases settle during negotiation. If settlement discussions fail, we prepare thoroughly for trial, knowing we have the resources and experience to present your case effectively before a jury.
Throughout this process, we work on a contingency fee basis. You pay nothing upfront, and we only receive payment if we recover compensation for you.
What Compensation Covers
Birth injury compensation addresses both immediate and long-term needs:
- Medical expenses: past treatment, surgeries, hospitalizations, and medications
- Ongoing care costs: therapy, rehabilitation, specialized equipment, and home modifications
- Lost wages: compensation for parents who must leave work to care for their injured child
- Pain and suffering: non-economic damages for your child’s physical pain and emotional distress
- Permanent disability damages: compensation reflecting your child’s reduced earning capacity and quality of life
- Life care planning: structured settlements ensuring funds for long-term care needs
Understanding what compensation is available helps families make informed decisions about pursuing a claim.
Compensation Available for Birth Injury Victims
Birth injury compensation falls into two primary categories: economic and non-economic damages.
Economic Damages represent measurable financial losses:
- All medical expenses related to the birth injury
- Rehabilitation and therapy costs
- Specialized equipment (wheelchairs, communication devices, mobility aids)
- Home modifications to accommodate your child’s needs
- Ongoing medical care and monitoring
- Educational support and special services
- Lost wages for parents providing care
Non-Economic Damages address intangible harms:
- Pain and suffering experienced by your child
- Emotional distress and psychological impact on your family
- Loss of enjoyment of life and normal childhood experiences
- Permanent disability and reduced quality of life
In cases involving gross negligence or reckless conduct, courts may award punitive damages designed to punish the defendant and deter similar conduct.
Many birth injury settlements are structured as annuities, ensuring your child receives regular payments throughout their lifetime for ongoing care needs. This structure protects the funds and provides financial security for your family’s future. For more information about hospital negligence claims and compensation, contact Odom Law Firm.
Frequently Asked Questions About Birth Injury Claims
Given the serious medical and legal implications of birth injuries, the FAQs below explain the key issues that arise most often in these claims.
Contact Odom Law Firm for Your Free Consultation
If your child suffered a birth injury you believe resulted from medical negligence, contact Odom Law Firm today. We offer free, confidential consultations to discuss your case and explain your legal options. Our experienced birth injury lawyers serve families throughout Arkansas and nationwide through our co-counsel network.
Call us at 479-442-7575 or complete our online contact form to schedule your consultation. We are available 24/7 to answer your questions and help your family pursue justice.
