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BIRTH TRAUMA

Years of Experience

Dr. Bradshaw is a licensed physician, surgeon and lawyer with certification in Obstetrical continuing education from Harvard Medical School. He has knowledge and experience in reading complex fetal heart tracings and medical records. Understanding these documents can be critical to a successful maximal recovery. Dr. Bradshaw has received record settlements of $10,000,000 and $12,000,000 in two different cases, and a settlement of $1,000,000 in a case other top lawyers refused to take, because they thought it was too complex. In addition, Dr. Bradshaw is a former Board of Governor member with the American Association of Justice’s Birth Trauma Group. He has lectured and taught other lawyers throughout the United States how to evaluate and successfully settle birth trauma cases.


There are strict time limits in which a claim for damages can be brought against a doctor, health care provider or hospital. These time limits are called "Statute of Limitations".  This means that after the incident you only have a certain amount of time in which to file a lawsuit. After that time, your right, and you child’s right, to file a claim is completely barred. These statutes vary markedly from state to state. If you believe you may have a potential claim, you should seek the assistance of a qualified attorney as soon as possible. 

WHAT TO DO WHEN YOUR CHILD HAS BEEN INJURED

Because of the strict time limits, it is important to seek out legal advice at the earliest opportunity. Additionally, if any photographs or videos were made at the time of the delivery, keep them. If you have a copy of any ultrasound examinations, keep those as well.

Unfortunately, the hospitals control the records, the key documents in these cases, so it is important to have a lawyer obtain the records and get an expert review. Because of Dr. Bradshaw’s training with Harvard Medical School in Obstetrics, he can often provide an initial review free of charge.

Keep all of your medical appointments. Juries and insurance companies believe that injured people will keep their follow up appointments. Additionally, in some states, the court can actually reduce your money recovery for failure to “mitigate” your damages. One way the insurance companies argue a person failed to mitigate their damages, is the failure to keep follow-up appointments.


Things You Should Know

HIE, CP (hypoxic ischemic encephalopathy and cerebral palsy):

Birth trauma from medical negligence may result in low oxygen for a prolonged period of time. This can be a sudden severe deprivation of oxygen or a slow prolonged deprivation of oxygen. These two types of oxygen deprivation can result in an injury called hypoxic ischemic encephalopathy (HIE) that eventually leads to cerebral palsy (CP). Dr. Bradshaw has special training in reviewing records to look for these types of injures. A lawyer with expertise in this area can greatly increase the likelihood of financial recovery for a child.

Forceps Trauma:

Forceps are occasionally used in the delivery of a baby. But forceps should only be used in certain situations, and only so many “pulls” are allowed before moving to an emergency c-section. Pulling “too many times”, when the baby is “too high”, or when the baby’s head is in the wrong position, can result in catastrophic injury and even death.

VBAC (vaginal birth after c-section):

Vaginal birth after c-section (VBAC) is almost a universally condemned procedure. Yet some physicians still offer them. VBACs are at an increased risk of uterine rupture during delivery and if a rupture occurs the risk of death for mom, baby or both are exceedling high. From his training at Harvard Medical School Dr. Bradshaw has unique insights into this procedure and its risks.

Brachial Plexus Injury (Erb’s Palsy):

An injury to the brachial plexus can occur when too much traction is exerted on the neck of a baby during delivery. These are often difficult cases to win, but Dr. Bradshaw has been successful in these cases, especially using the results of MRI studies that should an avulsion (complete tearing) of a nerve root.