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Birth Fracture Lawyers in Birmingham

Focused Review of Newborn Fractures and Serious Delivery Trauma

A fracture diagnosis identifies an injury, but it does not explain why the injury occurred.

Newborns can sustain clavicle, humerus, femur, or, less commonly, skull fractures around the time of delivery. Some fractures heal without lasting impairment. Others occur alongside brachial plexus damage, limited movement, head trauma, delayed diagnosis, or other injuries that require additional treatment and follow-up.

At Goldasich, Vick, & McCartney, we handle serious birth injury claims as part of our catastrophic injury practice. We examine the fracture itself, what occurred during labor and delivery, the newborn's condition after birth, and whether the medical evidence supports a connection between negligent care and additional harm.

A fracture by itself does not establish medical malpractice. The evidence must show that a healthcare provider failed to meet the applicable standard of care and that the failure probably caused the injury.

Call Goldasich, Vick, & McCartney at (205) 922-7146 to discuss your child’s fracture and the circumstances surrounding the delivery.

Does a Newborn Fracture Mean Medical Malpractice Occurred?

No.

Birth fractures can occur even when physicians and other providers respond appropriately to a difficult delivery. Some newborns also have medical conditions or other factors that can affect bone strength or the mechanics of birth.

A malpractice review asks a different question: whether a similarly situated healthcare provider would have handled the circumstances differently and whether a departure from the standard of care probably caused the fracture or related injury.

That assessment requires the delivery record, the type and location of the fracture, the newborn's examination and imaging, and any associated injuries to be considered together.

Fractures That May Require Closer Review

Clavicle Fractures

The clavicle is the most commonly fractured bone in birth-related trauma.

Many neonatal clavicle fractures heal well. A closer legal and medical review may nevertheless be appropriate when the fracture follows a complicated delivery, is diagnosed late, or occurs with weakness, limited arm movement, or possible nerve injury.

Humerus and Femur Fractures

Fractures of the humerus or femur are less common.

The delivery record may need to be evaluated for fetal position, breech presentation, difficult extraction, shoulder dystocia, instrument-assisted delivery, or other circumstances that affected how the baby was delivered.

The presence of any of those circumstances does not prove negligence.

Skull Fractures

Newborn skull fractures are uncommon and can raise different questions from a clavicle or long-bone fracture.

Evaluation may include how the delivery occurred, whether forceps or vacuum assistance was used, what the newborn examination showed, and whether imaging identified associated head trauma.

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Our strategy includes preparing every case for a potential trial, giving us leverage in negotiations and positioning our clients for maximum compensation.

Shoulder Dystocia Can Involve More Than a Fracture

Shoulder dystocia occurs when a baby's shoulder becomes lodged after delivery of the head. It is associated with an increased risk of clavicle and humerus fractures as well as brachial plexus injury.

A shoulder dystocia diagnosis does not mean that the delivery team acted negligently. The medical review may instead focus on how the emergency was recognized, which maneuvers were used, what traction was applied, and how the child was evaluated afterward.

When weakness or loss of movement suggests an associated nerve injury, our Erb's palsy lawyers can also evaluate whether the evidence supports a brachial plexus birth injury claim.

Keeping those injuries separate matters. A fractured bone and a damaged nerve can occur together, but they involve different medical evidence, treatment, and potential long-term effects.

When a Birth Fracture Has Lasting Consequences

The legal significance of a newborn fracture depends heavily on the child's actual harm.

A fracture that heals without functional impairment will not necessarily present the same damages issues as an injury accompanied by nerve damage, repeated treatment, surgery, neurological trauma, or lasting limitation.

Depending on the evidence, a serious birth-fracture claim may involve:

Diagnostic imaging and follow-up medical care
Pediatric or orthopedic treatment
Physical or occupational therapy
Treatment for associated nerve or neurological injuries
Medical equipment or other documented care needs
Future treatment when lasting impairment is medically supported

The child's actual prognosis and documented needs should drive the damages analysis.

How We Investigate a Birth Fracture Claim

We begin by building a complete medical timeline. We examine what providers knew, which delivery maneuvers they performed, when symptoms appeared, and how the injury was diagnosed and treated.

Relevant evidence may include:

Prenatal records and maternal medical history
Labor and delivery notes
Fetal monitoring strips
Forceps or vacuum-assisted delivery documentation
Newborn examinations and imaging
Resuscitation and neonatal intensive care records
Discharge instructions and follow-up records
Therapy and developmental evaluations

Medical review may be needed to interpret obstetric records, imaging, newborn examinations, and the relationship between the fracture and any associated injury. The analysis must also consider alternative explanations, including the normal forces of labor, fetal position, birth size, underlying bone fragility, and the timing of symptoms.

Ultimately, the evidence must establish a duty of care, a departure from the applicable standard, medical causation, and resulting damages.

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How We Investigate a Birth Fracture Claim

A focused investigation begins with reconstructing the delivery and identifying when the fracture likely occurred.

Relevant evidence may include:

Prenatal records relevant to fetal size, presentation, and known medical conditions
Labor and delivery notes
Shoulder-dystocia documentation when applicable
Records describing delivery maneuvers or difficult extraction
Forceps or vacuum documentation when an instrument was used
Newborn physical examinations
X-rays, ultrasound, or other imaging
Pediatric and orthopedic evaluations
Records addressing weakness or possible nerve injury
Follow-up treatment and therapy records

Qualified medical professionals may be needed to interpret the delivery record, imaging, standard of care, and medical causation.

The analysis also must account for alternative explanations. A fracture can arise from the forces of labor or factors involving fetal position, birth size, bone fragility, or other medical circumstances without establishing negligent care.

Our role is to determine what the evidence supports rather than assuming the fracture itself answers the question.

Alabama's Medical Malpractice Standard

Birth-fracture malpractice claims are governed by Alabama medical-liability law.

Under Alabama Code §6-5-548, a plaintiff generally must prove by substantial evidence that the healthcare provider failed to exercise the reasonable care, skill, and diligence that similarly situated providers in the same general line of practice ordinarily exercise in a like case.

Causation also matters. Alabama law requires evidence supporting the conclusion that the departure from the standard of care probably caused the injury, not merely that negligence might have caused it.

That distinction can be particularly important when a fracture is a recognized complication of a difficult delivery.

Alabama Filing Deadlines for a Newborn's Claim

Alabama Code §6-5-482 generally establishes a two-year filing period for medical malpractice claims, along with limited discovery provisions and an outside statute of repose.

The statute contains an important rule for young children. When the injured child was under four years old at the time of the alleged malpractice, the child's action may be commenced until the child's eighth birthday.

Other timing issues can arise depending on the defendants, the claims asserted, and the circumstances of the case. Families should therefore avoid relying on a general online deadline without having the specific dates and parties reviewed.

Trial-Ready Resources for Serious Birth Injury Cases

focuses on catastrophic injury litigation.

Across our practice, we have recovered more than $800 million for clients and secured more than 85 settlements and verdicts of $1 million or greater. Those firm-wide results do not predict the outcome or value of a newborn fracture case.

They reflect the resources and trial preparation we bring to serious claims where medical evidence, causation, and future harm are disputed. Our published case results include medical-malpractice litigation as well as other catastrophic injury matters.

Every potential birth fracture claim is evaluated on its own medical facts. A fracture that heals quickly without significant additional harm may present very different legal issues from one associated with permanent nerve injury, head trauma, or other lasting impairment.

Call Goldasich, Vick, & McCartney at (205) 922-7146 to request your free consultation.

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