Montana Birth Trauma Lawyers

• Birth Trauma
• Service Areas
• Montana

Dedicated Birth Trauma Lawyers in Montana

About 31 infants per 1,000 live births in the U.S. will suffer a birth trauma of varying severity. About 80% of these birth traumas are minor scalp injuries that typically heal quickly.

However, between 4.67 infants per 1,000 live births in the U.S. will experience a major birth trauma that constitute significant health burdens. With over 11,300 babies born each year in Montana, an estimated 376 children will face a possibly life-altering major birth trauma.

Birth trauma is often caused by medical negligence or medical malpractice. The excessive pressure on a baby’s body or head during delivery can damage nerve tissue, muscle tissue, or vital organs, resulting in a birth injury.

Our Montana birth trauma lawyers specialize in helping families identify mistakes that may have caused your child’s birth trauma and subsequent injuries. They have years of experience identifying labor and delivery complications that cause traumatic birth injuries.

Most importantly, our Montana birth trauma lawyers are highly trained in recognizing common medical mistakes during birth that lead to birth trauma.

Free Legal Consultation
Montana Birth Trauma Lawyers
(888) 987-0005

Our Montana Birth Trauma Lawyers are available to meet you in your home or the hospital.

Birth Trauma Malpractice

OB-GYNs, maternal fetal medicine specialists, nurses, midwives, and other healthcare providers have a duty to protect their patients from harm. When this duty (known as the “standard of care”) is breached and leads to preventable birth trauma, it constitutes medical malpractice.

If you believe birth trauma negligence caused your child's birth injury, you may be entitled to seek compensation. Our Montana birth trauma lawyers understand how raising children with special needs can be emotionally and financially taxing on families.

The birth trauma attorneys at Miller Weisbrod Olesky investigate the circumstances of your pregnancy and delivery to determine whether medical malpractice caused your child’s traumatic birth injury.

If you live in Montana or in our other service areas, we are available to analyze the facts of your case. We do all this at no upfront cost to you.

Available Montana Birth Injury Lawyers

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Montana Birth Trauma Lawyers Making a Difference

Every birth injury firm is eager to prove they can handle big cases with multi-million-dollar settlements. Miller Weisbrod Olesky has been taking on high-profile cases for over 30 years, and our results speak for themselves.

Proven Results

Specialized Birth Trauma Lawyers

Our specialized Montana birth trauma lawyers combine years of legal experience with passion and personal dedication to their clients.

Partners Clay Miller and Les Weisbrod are seasoned trial lawyers with years of experience litigating cases with multimillion dollar payouts.

While partner David Olesky originally practiced medical malpractice defense, he has now spent years pursuing justice for birth injury victims.

Today, BTLG is the leading educational group for attorneys dedicated to representing children and families dealing with life-altering birth injuries. Weisbrod and the rest of our team remain committed to leading the nation in birth injury education and litigation.

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Dedicated Nurse-Attorney Advocates

Unlike other firms, Miller Weisbrod Olesky gets our clients the care they need today, not just after their case ends. Birth trauma litigation can take time; it can sometimes take years before a family receives compensation to cover medical costs.

We understand that a child’s injuries and needs can’t just go on hold; that’s why we have a robust team of registered nurses and nurse-attorneys in the office who are assigned to each and every case.

Most birth injury law firms will employ one or two nurses to assist the review of cases and medical research. At our firm, a nurse-attorney advocate is assigned to each client’s team, guiding them through ongoing medical treatment and evaluation.

While your case is ongoing, our nurse-attorney helps to coordinate the day-to-day medical necessities your child will need. This includes doctor’s visits, medical examinations, treatments and therapies, and transportation services to and from these appointments throughout the case.

Our nursing staff also lends their expertise to each case, analyzing and investigating the reasons behind each child’s birth injury. They work alongside our attorneys to pinpoint where and how medical professionals breached their standard of care.

Our collaboration between knowledgeable legal professionals and experienced medical experts is what gives our firm the edge needed to succeed.

Do You Have a Birth Trauma Malpractice Case?

Birth trauma affects the most innocent victims. Families deserve to know if better medical care could have prevented their child’s conditions, birth complications or wrongful death with better medical care. Our Montana birth trauma lawyers can provide that clarity.

Many are hesitant to contact a birth trauma malpractice attorney. Parents may feel overwhelmed by their circumstances and worry that a law firm won’t be able to help them.

But the path toward justice always starts with reaching out. Speaking with a birth trauma attorney who understands how medical errors cause preventable birth trauma and injuries can provide better understanding of your options.

If you live in Montana or any of our service areas, don’t hesitate to see if you have a case. You can contact us today by calling our toll-free line at (888) 987-0005 or by filling out our online request form. We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case.

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What is Birth Trauma?

A baby suffers from “birth trauma” when they sustain any physical injury to their body during the birthing process. Mechanical forces like compression or traction during delivery can damage the baby’s nerve tissue, muscle tissue, or vital organs, resulting in a birth injury.

Labor is typically a very strenuous process for both the mother and baby. Compression and traction can occur naturally as contractions push the child through the mother’s narrow birth canal. However, external forces like misusing delivery tools can create excessive compression and traction on the baby.

The birth trauma attorneys at Miller Weisbrod Olesky investigate the circumstances of your pregnancy and delivery to determine whether medical malpractice caused your child’s traumatic birth injury.

Types of Birth Trauma

Aside from the natural stress placed upon the baby during labor, external forces can create a greater chance of birth trauma. There are different types of traumas that can be caused by medical malpractice, including:

• Birth trauma to the head
• Trauma from prolonged labor
• Nerve damage
• Bone injuries

Birth Trauma to the Head

Birth trauma to the head is the most common and often most serious type of trauma-related birth injury for a baby. This is because head trauma can often come with injuries to the brain, resulting in long-term cognitive and neurological disorders.

Birth trauma that affects the brain or skull can cause hypoxic-ischemic encephalopathy (HIE). This severe brain disorder is caused by oxygen deprivation (hypoxia or asphyxia) and reduced blood flow (ischemia) to the baby.

Babies born with hypoxic-ischemic encephalopathy (HIE) injuries face serious consequences like cerebral palsy, developmental delays, cognitive disorders, and seizure disorders.

Additionally, head trauma can result in several different intracranial hemorrhages (brain bleeds) for the baby, including the following:

• Cephalhematoma
• Subgaleal hemorrhage
• Subarachnoid hemorrhage
• Subdural hemorrhage
• Epidural hematoma
• Intraventricular hemorrhage
• Intraparenchymal hemorrhage

Most neonatal intracranial hemorrhages are non-progressive, but may result in permanent physical and mental impairments, including cerebral palsy. Long-term physical, occupational, speech, and psychological therapies as well as the use of assistive devices may be necessary to help the child adapt to lifelong disabilities.

About Brain Injuries

Trauma From Prolonged Labor

When a woman goes into labor, her contractions will temporarily restrict the flow of blood and oxygen to the child. When that period of oxygen deprivation is extended due to prolonged or arrested labor, it can cause hypoxic (lack of oxygen) or ischemic (lack of blood) brain injuries like

Bone Injuries

Babies are sometimes born with broken bones due to birth trauma during delivery. The clavicle is the most common bone that breaks, and it usually heals with little treatment. Other bones susceptible to breakage include:

• Humerus (upper arm)
• Femur (large leg bone)
• Facial fracture (especially around the eyes)
• Skull fractures

Skull fractures are the most likely to cause long-term damage to the newborn. Broken bones, especially depressed skull fractures, have been linked to hypoxic-ischemic encephalopathy (HIE). Babies with HIE have a greater chance of having cerebral palsy, seizure disorders, cognitive disabilities, and developmental delays.

About Fractures At Birth

Birth Trauma Caused by OB-GYN Negligence

OB-GYN stands for obstetrician-gynecologist. These are doctors who specialize in women’s care. Obstetrics refers to the care of pregnant women, their unborn children, and any treatment they may need during pregnancy, during labor, or for the post-partum period after giving birth.

Gynecology more broadly refers to the care of women’s reproductive organs: the uterus, ovaries, cervix, fallopian tubes, or the vagina. Other women’s health issues, including menopause, hormone problems, and struggles with infertility, would all fall under the care of an OB-GYN.

In most cases, an OB-GYN is the type of doctor who will deliver a mother’s child. They carry a heavy responsibility in ensuring the baby avoids birth trauma injuries. When an OB-GYN’s medical errors do result in birth trauma, the affected family may have a case for medical malpractice.

What is Obstetrical (OB-GYN) Malpractice?

Like all other medical professionals, OB-GYN doctors are held to a certain standard of care. This means that there are generally accepted healthcare practices they are expected to follow when treating their patients. If a doctor were to “breach” this standard of care in any way, such as not conducting proper tests or failing to catch signs of a disease, it can constitute as medical malpractice.

What is Medical Negligence?

Medical negligence occurs when doctors or other healthcare providers make decisions that fall outside of their standard of care. To win a birth injury malpractice lawsuit, it must be proven that the healthcare professional breached this standard of care by making decisions or errors that directly contributed to the infant’s death.

This process typically involves the following steps:

• Establishing a standard of care: The birth trauma attorney must prove that the defendant (whoever is being sued) owed a duty of care to the infant to give them proper medical treatment.


• Establishing a breach of that standard: It must be proven that the actions or lack of actions made by the defendant fell below the standard of care expected from someone in their position in a similar situation.


• Proving causation: The attorney must prove how the defendant’s choices played a significant role in causing the infant’s death.


• Demonstrating damages: The attorney must prove how the defendant’s actions resulted in damage to the plaintiff (you). In cases of infant wrongful death, damages can include hospital bills, funeral expenses, or emotional distress. Loss of support or companionship can also count as a damage.

Types of OB-GYN Malpractice

Obstetrical malpractice can have dangerous consequences for an expecting mother and her child. It can occur at any point during the childbearing process, from the first ultrasound all the way to after the child has been born.

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Postpartum

The most common types of OB-GYN malpractice during the postpartum period include:

• Mismanagement of postpartum complications like infection, blood clots, or hemorrhaging.
• Failure to address concerns regarding breastfeeding and other issues regarding neonatal care.

Wrongful Infant Death

A child’s death is one of the most heartbreaking losses a parent can endure. While only a nightmarish hypothetical for most parents, infant mortality was a devastating reality for the parents of more than 61 Montanan infants who died in 2023, according to March of Dimes.

March of Dimes: Interactive Infant Mortality Rate Graph

Parents grieving the loss of their child from neonatal mortality (death within the first 28 days of birth) or infant mortality (death within the first year of birth) deserve answers as to how it happened, and the extent to which negligence or other medical errors played a role.

How Does a Birth Trauma Lawsuit Work?

The attorneys, nurses, and supporting staff of Miller Weisbrod Olesky understand that parents of children with birth injuries feel overwhelmed. This is why we strive to ensure every client has the full attention and support of our trained, compassionate team of professionals.

We don’t just offer compassion: we offer a comprehensive process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury was caused by a medical error.

Our Process

Here is a simplified step-by-step guide to the legal process once you contact one of our Montana birth trauma lawyers:

Step 1: Intake

You will not be required to tell us what you think was done wrong; that is our job to find out. Otherwise, please feel free to tell us everything you feel and know.

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Step 2: Gathering Documents

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Step 3: Consulting With Medical Experts

These experts include obstetricians, neonatologists, pediatric neurologists, pediatric radiologists, nursing experts, life care planners, and economists.In some states, we must get official written reports back from these experts before filing a lawsuit.

This entire medical record review process may take as long as six months to complete. We use this time preparing to manage all the potential issues that may arise after the experts have reached their medical conclusions.

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Step 4: Case Review with An Attorney

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Step 5: Attorney Contract/Retainer Process

Once again, you will not pay any attorneys’ fees or expenses during this process. You will never owe a fee or reimbursement of expenses unless we make a successful recovery for you and your child. We believe in taking care of our clients during each step of this process. Please know that we are here to listen and help during the entire journey from case review all the way to a potential lawsuit.

What Does Compensation Look Like in a Birth Trauma Lawsuit?

Injured parties can receive compensation for their damages through a successful medical malpractice claim. But what can be considered as “damage”?

Medical malpractice cases generally involve claims for three kinds of damages:

Economic Damages

This type of damage is tangible. Plaintiffs will have bills, invoices, and records to show how much they spend on things like medical care, prescriptions, therapy, and equipment. Medical malpractice attorneys will work with highly qualified experts to create life care plans.

These plans map out a birth injured baby’s medical and attendant care for the entire life expectancy, as well as a plan of how to pay for these expenses.

Many plaintiffs include loss of earnings or earnings capacity as another economic damage in their claim. If someone’s earnings or earnings potential is negatively affected because of a doctor’s mistake, a medical malpractice attorney can recover lost wages and lost earning capacity through a lawsuit.

Non-Economic Damages

Damages like pain and suffering exist but are not as quantifiable as economic losses. Plaintiffs might not have receipts about some of the suffering caused by medical malpractice, but it still deserves compensation. Non-economic damage also includes pain, emotional/mental anguish, loss of enjoyment of life, physical impairment, disability, disfigurement, and loss of companionship.

Punitive Damages

Punitive damages are considered as ‘punishment’ for the wrongdoer’s actions. They can also be a way to deter or discourage defendants from engaging in the same type of conduct in the future.

Compensation for punitive damages is less common than for economic and non-economic losses. In fact, some states do not allow them to be awarded at all.

Our Montana birth trauma lawyers will know each state’s peculiar laws regarding the availability of and limitations on punitive damages.

A knowledgeable birth injury lawyer can help explain what types of damages are potentially available to claim in your child’s lawsuit. Available damage claims will depend on the circumstances of each case.

How Long Do You Have to File a Birth Trauma Lawsuit in Montana?

A statute of limitations (SOL) sets a time limit on how long an injured person has to file a lawsuit. Statutes of limitations vary based on the type of case and the state in which you filed it. For instance, the deadline for birth injury claims typically differs from other claims like fraud, contract disputes, and debt collection.

Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule. In some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury.

Montana Code: Title 27; Chapter 2 – Statutes of Limitations; Part 2 (Montana Medical Legal Panel Act)

§ 27-2-205: Action in tort or contract for injury or death against a medical professional based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must be commenced within two (2) years after the date of injury or within two (2) years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury. In no case may an action be commenced after five (5) years from the date of injury.

In an action for death or injury of a minor who was under the age if 4 on the date of the minor’s injury, the period of limitations in subsection (1) begins to run when the minor reaches the minor’s eighth birthday or dies, whichever occurs first, and the time for commencement of the action is tolled during any period during which the minor does not reside with a parent or guardian.

In Montana, every medical negligence claim must be submitted to a standing panel of physicians and attorneys first per the Montana Medical Legal Panel Act (Mont. Code Ann. § 27-6-101). They review the medical records and issue a decision before the lawsuit may be filed.

While Montana law maintains a three year statute of limitations from the date of injury or when it reasonably should have been discovered, young children have an exception. If the injured patient was under the age of four at the time of malpractice, the clock starts ticking when the child turns eight-years-old.

Despite the extra time allowed for young children, parents should contact our birth injury lawyers immediately to file a claim to avoid potential problems.

Birth Injury Claim Under Federal Tort Claims Act (FTCA)

You may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. The period in which you must give "notice" may be shorter in some cases. Examples include if the negligent party was a local or state government hospital, or if the doctors are government employees.

The court will typically dismiss your case if you file it outside the statute of limitations. However, certain exceptions exist to the rules when the injured party is a child. Determining when a statute of limitations begins on your case can be tricky. If you're considering pursuing compensation for a birth injury, you should contact an attorney as soon as possible.

How Can Our Montana Birth Trauma Attorneys Help You?

It takes an expert review of the facts to determine whether injuries during pregnancy or delivery resulted from medical malpractice. A Montana birth trauma lawyer is available to start that process today.

Our mission is to help victims of birth injury negligence by pursuing medical malpractice claims against responsible parties. We know how expensive birth injury treatment is and have witnessed the financial strain lifelong medical bills place on families.

We are eager to secure the compensation your family deserves. We also help along the way, scheduling important doctor’s visits, treatments and therapies, and transportation to and from these appointments.

When you hire us to represent you and your child, you become a part of a strong team of support. Our goal is to help you feel less alone during the legal process and to assist your family wherever possible.

We do not charge any fees unless we win your case. The legal consultation and case review process are free of charge. We handle cases against major hospitals in Montana, including surrounding cities like Billings, Bozeman, Missoula, and more. Contact us at (888) 987-0005 or fill out our convenient online form to schedule your free consultation.