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Birth Injury
Birth injuries happen due to two primary causes, injuries from trauma and due to lack of oxygen to the brain.
Medical Malpractice
Medical malpractice is professional negligence by act or omission by a health care provider.
Cerebral Palsy & Birth Asphyxia
Cerebral palsy is a group of disorders that can involve brain and nervous system functions such as movement, learning, hearing, seeing, and thinking.
Shoulder Dystocia & Erbs Palsy
Erb’s palsy is a paralysis of the arm caused by injury to the upper group of the arm’s main nerves
Other Injuries & Problems
Spinal cord injury incurred during delivery results from excessive traction or rotation.


UltrasoundWe are an Idaho Medical Malpractice Law Firm. While we take all types of medical malpractice case, we emphasize certain types of medical malpractice cases called "birth injury claims". Birth injury claims involve a baby having been injured or harmed during the mother's pregnancy, during the labor and delivery period, or during the neonatal period. These cases include birth asphyxia injuries causing brain damage, cerebral palsy cases, hypoxic ischemic encephalopathy injuries, as well as traumatic physical injuries to a baby's extremities such as shoulder dystocia resulting in Erb's Palsy and other permanent injuries to arms and legs. There are many other types of birth injuries that we also handle.

Birth Injury Law Cases


We help parents and families learn if their child's birth injury could have been prevented by the doctors and nurses. We work to answer the most common questions we hear: "What went wrong?" and "What really happened?", and "Can we prevent this from happening again to someone else?"

If a baby has a birth injury that could and should have been prevented, then we counsel parents and families on whether legal action should be taken to seek monetary compensation. Money damages may be appropriate for things such as future medical expenses, past medical expenses, future life care expenses, loss of income, as well as for pain, suffering, and loss of enjoyment of life. Money damages in serious birth injury cases can be very large and often run into the millions of dollars.

We work to fully explain the process of bringing a medical malpractice claim to parents and families. Often, the legal process in these cases may at first seem a confusing mystery. We explain things in an easy to understand way so that you will be very comfortable with making decisions on behalf of your child and family.

In some cases, the insurance companies for the doctors, nurses, and hospitals refuse to take responsibility and we must file a lawsuit to obtain justice for the infant and family. Of these cases, many settle - but only if your lawyer is fully prepared, and ready, willing and able to take the case to trial in front of a jury. If, in the end, the opposing side refuses to fairly compensation our clients, we proceed to advocate the client's case to a jury. And, while birth injury cases are very expensive to litigate (in terms of expert witnesses, deposition costs, etc.), we have been fortunate through our past successes to have amassed substantial resources with which we can pay the expenses and fully and aggressively seek justice for our clients - in other words, we can and will go the distance for our clients.

We employ assertive, case specific litigation strategy with the best in modern law office technology to obtain positive, timely results for our clients. We avoid taking a generalized, impersonal approach, recognizing instead that your case is unique and that the best results require individualized analysis and attention. We provide strong representation so as to give our clients a fair chance in the civil justice system.

Working with Birth Injury Lawyers & Attorneys

We offer contingency fee (commission) arrangements where you pay no attorneys fees unless we obtain a settlement or verdict and we offer free, no obligation, initial case screening and consultations.


The Idaho Birth Injury Law Firm of Mahoney Law, PLLC has a successful, proven track record of obtaining substantial monetary awards and settlements for our clients.

$7.2 million settlement Cerebral palsy birth injury case
The baby suffered a lack of oxygen during the labor and delivery process. The baby also suffered intra uterine growth restriction during the last phase of the pre-natal period. A portion of the funds will be invested in trust with lifetime benefits to the child in the amount of $19 million.
$6 million jury verdict Medical negligence case
Our client was one of five family members to share in a verdict against a hospital, two anesthesiologists, and a transfusion technician for the death of a patient during surgery.
$3 million settlement Medical malpractice
Against doctors and hospital for medical malpractice during a labor and delivery. The healthcare providers failed to perform a timely cesarean section, resulting in anoxic brain injury and cerebral palsy.
$27 million settlement
Mr. Mahoney was part of the trial team on a case tried in state court in Idaho, wherein a $27 million settlement was reached after a successful trial of the liability phase of the case.
For a free, no obligation consultation with Mahoney Law