The first days with a new baby are meant to be filled with joy. But when a birth injury caused by medical malpractice happens, that happiness can quickly turn to uncertainty. As parents, you deserve answers about what went wrong, who is responsible, and how to ensure your child gets the care they need to thrive.
At Conner, Marr & Pinski, we guide Montana families through every step of filing a birth injury claim. Our medical malpractice attorneys are here to listen, investigate, and pursue compensation for your child’s injury. Contact Conner, Marr & Pinski today for a free consultation with one of our birth injury attorneys.
Understanding Birth Injuries
A birth injury can change the lives of both you and your child. If your baby has suffered physical harm, developmental delays, or long-term health challenges due to medical negligence during labor or delivery, you deserve to understand what happened. Birth injuries can range from minor bruising or nerve damage to serious conditions like cerebral palsy or brain injuries.
Understanding birth injuries is the first step in making informed decisions about your child’s future care. It also helps you explore your legal options to ensure your child receives the medical support and treatment necessary for their future well-being.
What Constitutes a Birth Injury Under Montana Law
In Montana, a birth injury is considered medical malpractice when a healthcare provider’s negligence during pregnancy, labor, or delivery causes harm to the baby or mother. These injuries can include cerebral palsy, brachial plexus injuries (such as Erb’s or Klumpke’s palsy), hypoxic-ischemic encephalopathy (HIE), fractures, or nerve damage caused by improper use of medical instruments.
Montana law requires that medical malpractice claims be filed within two years of the injury or its discovery, but no later than five years from the date of the malpractice.
Difference Between Birth Injury and Birth Defect
A birth injury occurs during labor or delivery and is often linked to medical mistakes or preventable complications, such as nerve damage, fractures, or oxygen deprivation.
In contrast, a birth defect develops during pregnancy due to genetic or developmental factors and is generally not caused by medical error. While both conditions can have lifelong effects, birth injuries are frequently the result of negligence that may be legally actionable.
An experienced medical malpractice attorney with experience in birth injury claims can help families understand the cause of their child’s condition, whether it resulted from medical negligence or factors beyond anyone’s control.
At Conner, Marr & Pinski, we review medical records, consult with experts, and build a case to pursue compensation for medical care, therapy, and other needs your child may have.
Montana Birth Injury Statistics and Health Outcomes
For parents and families in Montana, understanding local birth injury statistics is more than just numbers. It provides valuable insight into the health risks that newborns may face and the quality of care available in their communities.
| Birth Injury Risks | Montana | National Average |
| Preterm Birth Rate | 9.4% | 10.4% |
| Low Birthweight Rate | 7.59% | 8.58% |
| Cesarean Delivery Rate | 27.1% | 32.1% |
| Infant Mortality Rate | ~4.7 per 1,000 live births | ~5.5 per 1,000 live births |
The table above compares Montana’s birth-related health outcomes to national averages. Montana’s preterm birth rate and cesarean delivery rate are both lower than the national averages, which can help reduce risks associated with birth injuries and newborn complications. A lower preterm birth rate often means fewer babies are born before their bodies are fully developed, decreasing the likelihood of complications during delivery.
Montana’s low birthweight rate is also lower than the national average, but low birthweight is still a significant risk factor for birth injuries and developmental challenges. Babies born weighing less than 5 pounds 8 ounces are more vulnerable to complications such as oxygen deprivation, brain injury, or physical trauma, which can result in long-term health concerns.
Common Types of Birth Injuries and Malpractice Claims
- Cerebral Palsy: Often linked to oxygen deprivation during labor; claims may involve delayed C-sections, mismanaged labor, or failure to monitor fetal distress.
- Brachial Plexus Injuries (Erb’s or Klumpke’s Palsy): Caused by excessive pulling or improper use of forceps or vacuum extraction; claims involve delivery negligence.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain injury from lack of oxygen; claims often involve mismanaged labor, failure to detect complications, or delayed intervention.
- Cephalohematoma and Birth Bruising: Severe bruising or internal bleeding due to trauma during delivery; claims involve improper handling of the newborn.
- Shoulder Dystocia: When a baby’s shoulder gets stuck during delivery, claims involve failure to follow proper delivery protocols or delayed emergency intervention.
- Brain or Head Trauma: Injuries from falls, forceps, or vacuum use; claims relate to preventable delivery complications.
Signs of Birth Injury: What Parents Should Watch For
As a parent, you are often the first to notice if something seems different with your newborn. Signs of a birth injury can vary, from difficulty feeding, unusual muscle tone, or limited movement. Not to mention potential delays in reaching developmental milestones like rolling over, sitting up, or responding to stimuli. Early intervention not only supports your child’s health and growth but also ensures that you have the documentation and guidance needed to pursue any legal claims for compensation.
Legal Rights and Options for Montana Families
When a birth injury affects your child, it can feel like the future you imagined has been disrupted. As a parent, you have the right to fight for your child’s care and well-being. Montana law provides families the ability to seek accountability when medical negligence causes harm, ensuring access to necessary resources. With the support of an experienced birth injury lawyer, parents can confidently navigate the legal process, gather evidence, and pursue compensation for medical treatment, therapy, and ongoing support.
Filing a Malpractice Claim
- Initial Consultation: Meet with an experienced birth injury attorney who will review your case, discuss your child’s injuries, and help determine if medical negligence may have occurred.
- Review Medical Records: Your attorney will collect and analyze medical records, consult with specialists, and gather evidence to establish whether negligence caused the injury.
- Filing the Claim: If there is sufficient evidence, your lawyer will formally file a medical malpractice lawsuit against the responsible healthcare provider(s).
- Discovery Phase: Both sides exchange information and evidence, conduct depositions, and prepare for trial or settlement discussions.
- Settlement Negotiations: Many cases resolve through negotiation with insurance companies to reach a fair settlement without going to trial.
- Trial (If Necessary): If a settlement cannot be reached, your case will proceed to trial. Your attorney will present medical records, expert testimony, and other evidence to prove negligence and damage.
- Resolution and Compensation: Whether through settlement or verdict, the goal is to secure compensation that covers your child’s medical care, therapy, ongoing needs, and other damages.
Statute of Limitations for Birth Injury Claims in Montana
In Montana, the statute of limitations for filing a birth injury claim varies depending on the circumstances:
- Parents or Legal Guardians: You have two years from the date of the injury or from when you reasonably should have discovered the injury to file a lawsuit.
- Child Victims: If the injury occurred when the child was under the age of 4, the statute of limitations is tolled (paused) until the child turns 8. This means the child has until their 10th birthday for parents to file a claim.
It’s important to understand that Montana’s deadlines for filing a birth injury claim are strict, and missing them could prevent you from seeking the compensation your child deserves. Experienced birth injury lawyers can help families file their birth injury claims without complications or delays.
Steps to Take if You Suspect Medical Malpractice
- Document Everything: Keep detailed records of your child’s medical care, hospital visits, and any symptoms or complications you observe.
- Seek Medical Evaluation: Consult your pediatrician or a specialist to assess your child’s condition and obtain professional documentation of any injuries.
- Request Medical Records: Obtain copies of all relevant medical records, including delivery notes, test results, and imaging, as these will be critical for building a case.
- Avoid Discussing the Case Publicly: Refrain from posting about the situation on social media or discussing it with parties who may be involved in the claim.
- Contact an Experienced Birth Injury Attorney: Consult with a qualified attorney who can review your case, explain your legal options, and guide you through the process.
- Follow Medical Advice Closely: Ensure your child receives recommended treatments and therapies, as this supports both their health and the documentation of your case.
- Ask Questions and Stay Informed: Don’t hesitate to ask your attorney or medical professionals for clarity on any step of the process to ensure you understand your rights and responsibilities.
Why Choose Conner, Marr & Pinski for Your Birth Injury Case
At Conner, Marr & Pinski, our success in securing multi-million-dollar settlements and verdicts in personal injury and medical malpractice cases positions us to fully understand your birth injury claims. We understand the lifelong care and costly treatment your child may require, and we leverage our proven results to hold negligent providers accountable and secure the resources your family needs.
Choosing Conner, Marr & Pinski means partnering with a legal team that combines compassion with a winning track record, dedicated to ensuring your child's health and future are protected.
Contact Conner, Marr & Pinski for a Free Birth Injury Consultation
If your child has suffered a birth injury, don’t wait to seek guidance. Contact Conner, Marr & Pinski today for a free consultation, and let our dedicated birth injury attorneys help you protect your child’s well-being, hold the responsible parties accountable, and take the first step toward peace of mind and justice for your family.
