If you’re a parent reading this, chances are you’ve been through something traumatic. Maybe your delivery didn’t go as expected. Maybe your child is struggling in ways no one prepared you for. And maybe, amid the confusion and fear, you’re starting to wonder if something went wrong during childbirth that should have been prevented.
That is an incredibly hard place to be.
At Buxbaum Daue, we work with parents across Montana who are facing exactly this. Whether your child experienced a physical injury during delivery, complications from oxygen loss, or developmental issues that emerged later, you deserve answers.
Let’s walk through what constitutes a birth injury, how it differs from a birth defect, when medical negligence may be involved, and what your legal options look like in Montana.
What Is a Birth Injury?
A birth injury refers to harm that occurs to a baby (or in some cases, the mother) before, during, or shortly after delivery. Some birth injuries heal quickly. Others result in lifelong challenges. The most serious cases may involve permanent disability or developmental delays that affect every aspect of a child’s life.
- Common birth injuries include:
- Cerebral palsy
- Brachial plexus injury (Erb’s palsy)
- Skull fractures
- Brain damage from lack of oxygen
- Facial nerve damage
- Spinal cord injury
- Broken bones or shoulder dystocia
- Meconium aspiration syndrome
Some birth injuries are apparent at birth. Others may not show up until weeks, months, or even years later, as developmental delays become more noticeable.
Birth Injuries vs. Birth Defects
Parents often ask: “Is this a birth injury or a birth defect?”
A birth defect is usually caused by genetic or developmental issues that occurred before labor began. These are often unavoidable and not the result of medical negligence.
A birth injury, on the other hand, happens because of something that went wrong during pregnancy, labor, or delivery. It may involve:
- Improper use of forceps or vacuum extraction
- Failure to monitor fetal distress during labor
- Delayed C-section
- Oxygen deprivation
- Mismanagement of high-risk pregnancy
- Inadequate resuscitation after delivery
Not every birth injury is caused by negligence. But if the medical team failed to meet accepted standards of care, and your child was harmed as a result, you may have a valid malpractice claim.
When Is a Birth Injury Considered Medical Malpractice?
Under Montana law, medical malpractice occurs when a healthcare provider fails to act according to accepted medical standards, and that failure causes harm.
For example, we’ve worked with families whose babies experienced oxygen loss during delivery because staff failed to recognize signs of fetal distress. In some cases, a C-section could have prevented the injury — but the decision came too late. These are heartbreaking moments, and they are preventable. That’s where the law allows families to seek accountability. In birth injury cases, this may involve:
- Failing to recognize or respond to signs of fetal distress
- Delaying an emergency C-section when one was clearly needed
- Using excessive force during delivery
- Administering the wrong medication or incorrect dosage
- Inadequate monitoring of mother and baby
- Poor communication among care teams
These failures can lead to oxygen deprivation, trauma, and irreversible damage to a newborn’s brain, nerves, or organs.
Pro Tip: Keep all medical records, discharge notes, and follow-up care summaries. These documents help medical experts and legal teams identify gaps in care.
Why These Cases Are So Complex in Montana
Montana law places a cap on non-economic damages, which includes compensation for pain, suffering, and emotional distress to your child, and to you as parents. That cap is currently $300,000, no matter how severe the outcome.
We know no dollar amount can reflect what it feels like to watch your child struggle due to someone else’s mistake. Montana’s laws can feel unfair, especially when your emotional pain is immeasurable — but we focus on building strong cases rooted in what can be recovered, and helping families secure support for the long road ahead.
However, there is no cap on economic damages such as:
- Past and future medical bills
- Therapy and assistive technology
- Home modifications or in-home care
- Lost future earnings for the child
- Educational support needs
Birth injury cases often involve large lifetime costs. A child with cerebral palsy, for example, may require hundreds of thousands of dollars in care over the course of their life. That is why these cases must be supported by medical and financial experts who can project long-term needs.
At Buxbaum Daue, we work with specialists who understand how to assess not only what happened, but what the care needs will be and will cost to care for your child in the future.
What Parents Can Do Right Now
If you suspect your child was harmed by negligence before, during, or after birth, here are a few steps to take:
- Request copies of all medical records. These include prenatal charts, labor and delivery notes, NICU summaries, and follow-up records.
- Document your child’s progress. Keep a log of milestones, therapies, diagnoses, and daily challenges. The CDC offers a helpful overview of developmental milestones if you’re unsure what to watch for.
- Consider seeking a specialty evaluation by a pediatric neurologist.
- Speak with an attorney who understands birth injury law in Montana. Not all attorneys are experienced in this area. Birth injury cases are medically and legally complex. Learn more about how we handle medical malpractice claims across Montana.
You deserve more than assumptions or a “wait and see” from your medical providers. You deserve clear answers.
Why Families Choose Buxbaum Daue
- Over 40 years of focused experience in Montana medical malpractice law
- We work with respected pediatric and maternal-fetal experts to evaluate each case
- We engage specialists in projecting future care costs across the lifetime of your child
- We take the pressure off families so they can focus on their child’s needs
- You are not charged as the case goes along, only when we achieve a settlement or verdict in your case
- Compassionate communication every step of the way
- Help navigating how to manage your settlement once it is achieved
We understand how emotional and overwhelming this process is. Our role is to help you understand what happened, what your options are, and whether your child’s injury could have been prevented.
Start Your Case Evaluation Today
If your child suffered a birth injury and you believe medical negligence played a role, we are here to help. Our team will listen to your story, review your records, and guide you through what comes next.
Take the first step by filling out our confidential intake form. We’ll help you understand whether you have a case under Montana law and what resources may be available to support your child’s future.
