Birth Injury

Common Causes of Birth Injuries in Oregon

There are many common causes of birth injuries in Oregon, many which are due to preventable medical errors. Indeed, although many healthcare providers do an exceptional job at protecting the health of our babies, some do not for variety of reasons. Some of these reasons include lack of skill or ability, while other reasons include larger themes like understaffing, whereas additional reasons include purely reckless, careless, or outright negligent conduct. Sadly, nearly all of these reasons are difficult to detect without the assistance of an Oregon birth injury lawyer such as ours in Bend, OR and Portland, OR.

Some of the most common causes of birth injuries in Oregon that families should be aware of to protect the rights of their loved ones include the following:

• Poor communication between physicians and nurses
• Understaffing
• Inappropriate assignments (i.e., too many patients or assigning a nurse to a patient that requires a higher level of care)
• Failing to transfer to a NICU or higher level of care
• Drug mix-ups
• Intubation errors
• Delays in treatment
• Lack of physicians on staff
• Inability or lack of skill
• Poor training and monitoring, and
• Other negligent causes that may be below the standard of care and result in medical malpractice claims against a healthcare provider, hospital, or another type of facility in Oregon.

If you or a loved one suspect that you may have been the victim of medical malpractice, or if you believe that a loved one suffered birth injuries due to the negligence of a healthcare provider, call our birth injury lawyer in Portland and Bend for a free consultation.

What Compensation Could I Get in an Oregon Birth Injury Case?

What a party can recover in a lawsuit is known as “damages.” This is what relief that a court could issue to a party in a judgment or what a party could obtain in a settlement. The type of damages that a party is entitled to depend on the type of case, as the relief a party in a divorce or contract case is very different than the type of relief in a personal injury case – which is often monetary relief.

Birth injury cases are a type of medical malpractice cause of action (or claim), and are therefore also a type of personal injury case. Since it is impossible to undo injuries caused to a person, the damages in personal injury cases often take the form of monetary compensation. This compensation can be awarded for many different types of harm caused to a victim of a birth injury, including the following:

• Past pain and suffering;
• Future pain and suffering;
• Lost wages (parents or guardians specifically);
• Lost future earnings;
• Medical bills, both past and reasonably proven in the future;
• Loss of society, familial interaction, guardianship, guidance, and related claims;
• Loss of consortium;
• Nursing care, including in-home or a higher level of care at a facility;
• Home or vehicle modifications;
• Medications;
• Treatment for therapies;
• Punitive damages; and
• Other types of compensation that an Oregon birth injury lawyer may be able to identify and obtain for you and your family.

Why Hire a Birth Injury Lawyer?

While technically any lawyer can handle a birth injury case, especially any personal injury lawyer, when your loved one is injured you want to hire Oregon birth injury lawyers that focus their practice on birth injuries and medical malpractice. This is because medical malpractice cases, especially birth injury cases, are incredibly specialized and require considerable knowledge of both the law and medicine.  There are even special rules regarding Oregon medical malpractice cases that do not exist in other cases that some lawyers not practicing birth injury law or medical malpractice may not be aware of .  This is why you need to retain a lawyer that handles these types of cases.

Even though lawyers can be expensive, most Oregon birth injury lawyers use a contingency fee agreement.  This means that you will only pay for your medical malpractice injury lawyer if a verdict, award, or settlement is made in your favor.  Thus, you have no risk if your case does not win or result in any recovery.  This allows you to focus your money not on paying a lawyer, but covering the costs of your loved one while you case is heard in court.

How to Prove a Birth Injury Case in Oregon

 Proving a birth injury case in Oregon requires establishing negligence through four essential elements: duty of care, breach of that duty, causation, and damages. The foundation of any medical malpractice claim begins with demonstrating that a doctor-patient relationship existed, which creates the healthcare provider’s legal duty to provide care that meets accepted medical standards. In Oregon, physicians must use the degree of care, skill, and diligence that ordinarily careful physicians use in the same or similar circumstances in the community or a similar community. This is known as the standard of care.

The second element requires proving that the healthcare provider breached this standard of care by failing to exercise the appropriate level of care when treating the patient. This involves demonstrating through expert medical testimony what a competent provider would have done under similar circumstances and showing how the defendant’s actions fell short of those standards. When a breach of the standard of care has occurred, it is often said to be a deviation from the standard of care.

The third element is often the most contested, which is that the proof must also show that the provider’s negligent act or omission was a proximate cause, or substantial factor, that contributed to the harm suffered by the victim, requiring testimony from a medical expert to establish to a medical probability that the harm resulted from the negligent conduct. This is known as causation, and is very important to any negligence case – especially a medical malpractice case.

Finally, the patient must have suffered measurable injuries and damages that resulted directly from the provider’s negligent care, not from the original condition that brought them to seek treatment. If the patient establishes this causal link between the breach and harm, compensation can include economic damages for tangible losses like additional medical care costs and lost wages, as well as noneconomic damages for more subjective losses such as pain and suffering, emotional distress, and lost quality of life.

Under Oregon law, victims must prove these elements by a preponderance of the evidence, meaning they must establish their claim by more than 50% or more to a judge or jury. Said differently, this means that it was more likely than not that their contentions are correct. This burden of proof is significantly lower than the “beyond a reasonable doubt” standard used in criminal cases, making it more achievable for families seeking justice for preventable birth injuries.

How an Oregon Birth Injury Lawyer Can Help You

An experienced Oregon birth injury lawyer conducts comprehensive investigations by collecting all relevant medical records, including prenatal care, labor, delivery, and postnatal treatment details, while searching through these records to identify medical errors that may have caused harm to your child. Your attorney will assess medical records, consult with medical experts, and build a strong case by obtaining expert testimony from medical professionals to validate claims of negligence and determine if a breach in the standards of care occurred.

Birth injury cases require specialized knowledge of both law and medicine, as attorneys must understand complex medical procedures and be able to work with trusted obstetricians and other medical professionals to conduct thorough reviews of the delivery process and medical records.

Beyond investigation and evidence collection, an Oregon birth injury lawyer handles all necessary legal work including filing your lawsuit within the state’s time limits, calculating current and future damages you have suffered due to medical negligence, and negotiating settlements to provide you with maximum compensation as quickly as possible.

Most Oregon birth injury lawyers work on a contingency fee basis, meaning you pay no legal fees unless they win your case, and they will fight to reach a settlement that provides fair compensation or continue fighting for your family in court if a settlement cannot be reached. Your attorney will also interview witnesses, obtain testimonies from medical experts to prove medical negligence, and convey your calculated damages to the insurance company handling your compensation, keeping negligent healthcare providers accountable while you focus on caring for your child. This comprehensive approach ensures that all responsible parties are identified and held liable, whether that includes the obstetrician, nurses, hospital, or other medical personnel involved in the childbirth process.

Who Could Be Liable for Oregon Birth Injuries

Our Oregon birth injury lawyers know that multiple parties can potentially be held responsible for birth injuries in Oregon when medical negligence occurs during the pregnancy, labor, delivery, or postnatal care process. Determining liability requires a thorough investigation into the specific circumstances surrounding the birth injury and identifying which healthcare providers or facilities failed to meet the accepted standard of care. Healthcare providers who may be liable include obstetricians, nurses, midwives, anesthesiologists, pediatricians, and other medical professionals involved in prenatal care, labor, delivery, and postnatal care, while institutions such as hospitals, birthing centers, and medical facilities can also face liability for their role in allowing negligent care to occur.

Healthcare providers that could be liable include the following:

• Obstetricians and gynecologists who oversee the labor and delivery process
• Nurses responsible for monitoring mother and baby during labor
• Midwives providing birthing assistance and care
• Anesthesiologists administering pain relief during delivery
• Pediatricians caring for newborns immediately after birth
• Emergency room physicians treating complications
• Radiologists interpreting ultrasounds and diagnostic tests, and
• Other healthcare providers that our Oregon birth injury lawyers determine may be liable for your child’s birth injury and medical malpractice.

Medical facilities that could be liable include the following:

• Hospitals where the birth injury occurred
• Birthing centers providing delivery services
• OB/GYN practices
• Urgent cares or outpatient services
• Emergency departments
• Medical clinics providing prenatal care
• Healthcare facilities with inadequate staffing levels
• Institutions that failed to properly credential medical staff
• Facilities with malfunctioning or poorly maintained medical equipment, and
• Other healthcare facilities that may be liable for medical malpractice that our experienced Oregon birth injury lawyers in Bend, Oregon or Portland, Oregon determine may be at fault.

Future Needs for Children Suffering Birth Injuries in Oregon

Children who suffer birth injuries often face lifelong challenges that require extensive medical care, therapeutic interventions, and specialized support systems throughout their lives. The Centers for Disease Control estimated that the lifetime costs of caring for an individual with cerebral palsy are approximately $1.6 million as of 2025, with medical expenses for children with cerebral palsy being nearly ten times higher than the cost of caring for a child without a disability. These significant expenses underscore the importance of securing adequate compensation to ensure children receive the comprehensive care they need to reach their full potential and maintain the best possible quality of life.

Children with cerebral palsy, one of the most common birth injuries, require ongoing medical management that includes regular visits to neurologists, orthopedic surgeons, and rehabilitation specialists throughout their lives. Physical therapy helps improve motor skills and mobility, occupational therapy assists with daily living activities like dressing and eating, and speech therapy addresses communication difficulties and muscle weakness in the face and mouth. Many children also need adaptive equipment such as wheelchairs, walkers, orthotic devices, specialized seating systems, and communication devices, which can be quite costly and require regular replacement or upgrades as the child grows. Additionally, families often need to modify their homes and vehicles to accommodate mobility equipment, while some children require daily assistance with basic tasks like bathing, dressing, and moving around.

Children with brachial plexus injuries and other nerve damage may need multiple surgeries, ongoing physical therapy, and occupational therapy to regain function and prevent permanent disability. Nearly half of children diagnosed with cerebral palsy also have some form of coexisting intellectual disability, such as ADHD, and the expenses related to caring for a child with conditions can exceed $50,000 per year. Beyond the direct medical costs, families must also consider educational expenses for special needs services, potential lost income from caregiving responsibilities, and the emotional support needed to help both the child and family cope with long-term disabilities. These comprehensive future needs demonstrate why securing proper legal representation and compensation is crucial for families affected by preventable birth injuries in Oregon.

If your family needs birth injury legal help in understanding your rights and options, our professional team at Kuhlman Law is here to guide you every step of the way. Families in Portland and surrounding areas can rely on our experienced attorneys for dedicated birth injury legal help in Portland, ensuring your child receives the care and justice they deserve under Oregon law.

Oregon Birth Injury Lawyers in Bend, OR and Portland, OR

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.  

We handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.