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  • $17 Million

    Birth Injury

    Negligence by nurses and hospital staff in failing to assess the position of the baby, improper use of Pitocin, and failing to obtain an assessment by physician, resulting in severe oxygen deprivation and brain injury to the baby.

  • $13.2 Million

    Birth Injury

    A newborn suffered brain damage due to improper administration of Pitocin, failure to monitor preeclampsia and failure to perform timely c-section.

  • $6.6 Million

    Birth Injury

    Severe brain injury to a baby. Failure to monitor high-risk mother for pre-eclampsia, failure to recognize fetal distress, failure to monitor resident doctor students, and failure to perform a C-section.

  • $4.6 Million

    Birth Injury

    Hospital found negligent in failing to take action to stop labor at 32 weeks gestation. Misuse of forceps. Failure to perform C-section.

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PhoenixBirth Injury Lawyers

Obstetrical Malpractice & Preventable Birth Injuries in Arizona

Your baby has an arm injury or is in the NICU – the doctors aren’t telling you why. You need to know what happened and you need to know how best to help your baby. Nothing is more important than your baby's health and happiness. When a child is injured at birth, the consequences can be devastating and can have life-long repercussions for your child and your entire family.

Birth injuries involve a specialized area of medical malpractice in which a member of a healthcare team, a hospital, doctor, nurse midwife, or nurse involved in the pregnancy, labor, or delivery of your baby fails to follow the safety rules and harms your baby. This failure to use reasonable care and follow the safety rules can result in devastating birth injuries to your child, including brain bleeds, seizures, hypoxic ischemic encephalopathy (HIE), perinatal asphyxia, cerebral palsy, blindness, brachial plexus injury, Erb's palsy, Horner’s syndrome, and even death.

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Contact our Phoenix birth malpractice lawyers at (602) 900-9483 for a free, confidential review of your case.

Understanding Medical Negligence in Birth Injury Cases

When it comes to birth injury cases, medical negligence plays a crucial role in determining liability. Medical negligence refers to the failure of healthcare professionals to meet the accepted standard of care, resulting in harm or injury to the mother or child during the birthing process. These cases can be complex and require a thorough understanding of both medical and legal principles.

At Cullan & Cullan, our team of experienced birth injury lawyers is well-versed in handling such cases. We understand that medical negligence can occur at various stages, including prenatal care, labor, and delivery. Our attorneys work diligently to investigate and gather evidence to establish negligence on the part of healthcare providers.

It's important to note that not all birth injuries are the result of medical negligence. However, when negligence is a contributing factor, legal action can be pursued to seek compensation for the damages incurred. Our attorneys have the knowledge and expertise to analyze medical records, consult with experts, and build a strong case to prove the connection between negligence and the birth injury.

By partnering with Cullan & Cullan, you can rest assured that we will thoroughly investigate your case and fight tirelessly to hold the responsible parties accountable. Our goal is to obtain the compensation you and your child deserve for the physical, emotional, and financial impact of the birth injury.

Establishing Medical Negligence in a Birth Injury Lawsuit

To establish medical negligence in a birth injury lawsuit, certain elements must be proven. These elements are crucial in demonstrating that the healthcare provider breached their duty of care, resulting in the birth injury.

When evaluating a potential birth injury case, our attorneys at Cullan & Cullan focus on these key elements:

  • Duty of Care: We assess whether a doctor-patient relationship existed and determine the standard of care expected from the healthcare provider based on the circumstances.
  • Breach of Duty: We examine the actions or omissions of the healthcare provider and determine if they deviated from the accepted standard of care. This may involve consulting medical experts to establish what a reasonable and competent healthcare provider would have done in similar circumstances.
  • Causation: We establish a direct link between the healthcare provider's breach of duty and the birth injury. This requires demonstrating that the injury would not have occurred in the absence of negligence.
  • Damages: We quantify the physical, emotional, and financial damages resulting from the birth injury. This includes medical expenses, future care needs, loss of earning capacity, pain and suffering, and more.

By thoroughly examining these elements, our birth injury lawyers at Cullan & Cullan can build a strong case on your behalf.

What Kind of Compensation Can I Get if My Child Was Injured During Birth?

If an infant is injured during pregnancy or delivery, the parents (or other legal guardians) can retain an attorney to sue for damages on behalf of their child and can also file a claim for parental damages. When a baby is injured due to malpractice, both the parents and the child have individual claims for damages. Like all medical malpractice cases, there are both special and general damages.

  • Special damages are economic, like the cost of medical bills, loss of earnings or earnings potential, loss of household services
  • General damages cover intangible losses like pain and suffering, loss of enjoyment of life, and disfigurement.

Selecting the Right Birth Injury Lawyer for Your Case

Selecting the right birth injury lawyer is a crucial step in seeking justice and obtaining fair compensation for the harm caused. When choosing an attorney, there are several qualities and qualifications to consider.

At Cullan & Cullan, our firm embodies these qualities, ensuring that we are well-suited to handle your birth injury case:

  • Experience: Our team of birth injury lawyers has extensive experience in handling complex medical malpractice cases, including birth injury claims. We understand the intricacies of these cases and have a successful track record of obtaining favorable outcomes for our clients.
  • Specialization: Our firm focuses exclusively on personal injury and medical malpractice cases. This specialization allows us to stay up-to-date with the latest legal developments and medical advancements relevant to birth injury lawsuits.
  • Track Record: We are proud of our history of achieving significant settlements and verdicts for our clients. Our successful track record demonstrates our dedication, expertise, and ability to navigate the complexities of birth injury cases.

When you choose Cullan & Cullan, you can expect compassionate and personalized representation tailored to your specific needs. We will guide you through every step of the legal process, providing the support and advocacy you deserve during this challenging time.

Why Cullan & Cullan: Thousands of Cases Investigated

Birth injury cases are often highly fought cases. The insurance companies for hospitals, doctors, and midwives vigorously defend these cases. To win justice for your child you must have a team of highly qualified, experienced Arizona birth injury attorneys who have the education, knowledge, experience, and resources to handle birth injury cases. Cullan & Cullan is a personal injury firm that has investigated thousands of birth injury cases in Phoenix, all of Arizona, and nationwide.

Our law firm has four lawyers who are also doctors. Our number one passion for over 30 years has been to help children who have suffered a birth injury. We have conducted thousands of forensic investigations to determine the causes of birth injuries. We have collected tens of millions of dollars on behalf of our clients. We have two goals: To help the child and their family face better lives by recovering the resources necessary to take care of the child for life and to help prevent birth injuries from happening to other families.

What Types of Birth Injuries Do You Handle?

Modern medical interventions have made pregnancy and delivery safer for both mother and baby. There are incredible tools and tests available to healthcare professionals today to assist in the safe delivery of a baby. Unfortunately, all the science and tools in the world are useless if they are not properly used. For example, a doctor’s judgment is no better than the information he or she is given. If a hospital nurse does not relay concerns from fetal heart monitoring or escalating blood pressure in a timely manner, the doctor cannot make good decisions to protect the baby or its mother. Many birth injuries could have been prevented if hospitals, doctors, and nurses just properly understood and used the tools and wealth of information that is available from technology as well as the patient.

Here are some common examples of birth-related medical malpractice:

  • Failing to monitor an infant’s oxygen saturation before, during, and after delivery.
  • Delaying or failing to recommend a C-section in difficult labor or at-risk delivery.
  • Misuse of forceps or vacuum extractors in assisted delivery.
  • Administering the wrong drugs or wrong dosage of drugs.
  • Failing to check basic vital signs.
  • Failing to consult with physicians who handle high-risk deliveries.
  • Failing to adequately control blood loss from the mother post-delivery.
  • Failing to properly resuscitate a baby after delivery or monitor blood levels.

Call (602) 900-9483 today to learn more about your legal options.

Questions to Ask During a Consultation with a Birth Injury Lawyer

During a consultation with a birth injury lawyer, it's essential to ask relevant questions to evaluate their suitability for your case. Here are some important questions to consider:

  • What experience do you have with birth injury cases, specifically?
  • Have you handled cases similar to mine, and what were the outcomes?
  • What resources and experts do you have access to for investigating and building my case?
  • How will you communicate with me throughout the process, and what is your availability for updates and questions?
  • What is your approach to settlement negotiations and trial representation?
  • How do you handle fees and payment arrangements? Are there any upfront costs or fees?

At Cullan & Cullan, we welcome these questions and encourage open communication with our clients. We will provide honest and transparent answers, allowing you to make an informed decision about your legal representation. Our priority is to ensure that you feel confident and comfortable entrusting your birth injury case to our capable team of attorneys.

We understand the unique emotional and financial consequences of birth injury cases. Let our Arizona birth injury lawyers help you with yours today. Call (602) 900-9483 today.

Nationallly Recognized

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  • Inner Circle of Advocates

    Dr. Pat Cullan and Dr. Joe Cullan are members of the Inner Circle of Advocates. This is one of the most prestigious organizations in the United States. It includes 100 of the best plaintiff lawyers in the United States. It is an invitation-only group with the goal to promote the education and knowledge among top trial lawyers. Membership is a testament to an attorney’s high standards, as well as their extraordinary competence, skill, knowledge, experience, and high-quality representation. Drs. Pat and Joe Cullan are two of the youngest members to be invited into this respected organization.

  • National Board of Trial Advocacy

    Dr. Sam Cullan is a National Board of Trial Advocacy (NBTA) Board-Certified Trial Lawyer, a credential that provides reliable evidence of his specialized knowledge and proficiency.

  • Million and Multi-Million Dollar Advocates Forum

    Cullan & Cullan are members of the Million and the Multi-Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States that limits its membership to attorneys who have won multi-million-dollar verdicts and settlements. Less than 1% of U.S. attorneys are members of the forum.

  • 2022 U.S. News – Best Lawyers® “Best Law Firms”

    Cullan & Cullan was ranked in 2022 “Best Law Firms” by U.S. News — Best Lawyers® for our work in Kansas City, Missouri. We were placed in Metropolitan Tier 1 for “Medical Malpractice Law - Plaintiffs” and Metropolitan Tier 2 for “Personal Injury Litigation - Plaintiffs.”

  • Newsweek Magazine

    Cullan & Cullan was named “Best Personal Injury Attorneys in 2017” by Newsweek Magazine. In addition, Dr. Pat Cullan and Dr. Joe Cullan were also featured in Newsweek magazine’s “Rising Legal Stars” feature which recognized their exceptional legal and medical background.

  • The Irish Legal 100

    Dr. Pat Cullan and Dr. Joe Cullan were both named “Top 100 Most Distinguished Attorneys in America with Irish Roots” by the Irish Legal 100, an annually compiled list of the most distinguished legal professionals in the United States who share Irish roots. Other distinguished members of the Irish Legal 100 include United States Supreme Court Chief Justice John Roberts and Justice Anthony Kennedy.

  • American Board of Legal Medicine

    Dr. Sam Cullan is Board-Certified in Legal Medicine by the American Board of Legal Medicine, a prominent professional society committed to addressing issues that arise at the intersection of law and medicine.

  • SuperLawyers

    Super Lawyers® magazine honors leading attorneys who have been recognized by their peers for a high level of professional achievement. We are proud to have several attorneys selected for inclusion in the Super Lawyers® list.

  • Best Lawyers in America

    The Best Lawyers in America® seeks to recognize the top attorneys in the United States via a peer-review process. We are honored to have several of our attorneys included in this prestigious list.

  • AV Preeminent by Martindale-Hubbell

    A number of our attorneys have earned AV Preeminent® Ratings from Martindale-Hubbell®, the highest possible rating offered by the prestigious organizations. Ratings are determined based on peer reviews, legal ability, ethical standards, and other factors.

  • Avvo 10.0

    We are proud to have several attorneys who have earned an Avvo Rating of 10.0 Superb. Attorneys earn ratings based on a number of factors, including experience, recognition, and professional conduct.

  • The National Trial Lawyers Top 40 Under 40

    Dr. Pat Cullan and Dr. Joe Cullan were named "Top 40 Under 40" by the National Trial Lawyers. Award recipients are lawyers under the age of 40 who exemplify superior qualifications, leadership, and notable trial results. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research.

  • The National Trial Lawyers Top 100 Lawyers

    Dr. Gene Cullan, Dr. Pat Cullan and Dr. Joe Cullan are members of The National Trial Lawyers Top 100 Trial Lawyers, an invitation-only national organization that selects the most qualified attorneys from across the country based on their leadership, professional stature and influence and their profile as either a civil plaintiff or criminal defense trial lawyer.

  • Best Lawyers "Lawyer of the Year"

    Attorney Sam Cullan was named 2019 “Lawyer of the Year” by Best Lawyers, thanks to his accomplishments in the field of Medical Malpractice for Kansas City, MO plaintiffs. In honor of his high-caliber work in both medical malpractice and personal injury litigation, Attorney Cullan is also highlighted in the 25th edition of The Best Lawyers in America®.


  • "Would recommend to Friends and Family"

    - KV

  • "The settlement gave my family the security we needed!"

    - Mary A.

  • "Dr. Gene Cullan was very professional and compassionate!"

    - Margo D.

  • "We will always be grateful for the Cullans!"

    - Juanita B.

  • "I trust them with every decision!"

    - E.C.

  • "They helped my family through a very difficult time in our lives!"

    - S.J.

  • "They genuinely care about their clients!"

    - M.L.

  • "We knew they could help us!"

    - C.B

Families We've Helped

  • "We knew these would be lifelong issues for our son. You have to advocate for your kids because no one else will do it. Cullan & Cullan knew what was going on and we knew they would be successful in helping us."
  • "If your child is damaged or you think your child is damaged, you should seek a lawyer. Having a doctor-lawyer on my side really gave me hope."
  • "My child had permanent paralysis in her left arm and no one gave us a straight answer on how bad it actually was. We needed lawyers who understood the medical side of this case and hiring the Cullan brothers gave us the attention we needed."
  • "Joe and Pat came to meet me helped me fight my case. I was who they cared about and I felt so important with the Cullan brothers."
  • "For anybody who's been in an accident and suffered a catastrophic injury, Dr. Sam is the best person you could possibly call to help. Not only is he someone who is knowledgeable and very friendly, he's also a humble person - someone who will hold your hand and guide you through the process as he did with me."
  • "After suffering a spinal cord injury during a rollover accident, our client Tony Durham was left paralyzed for the rest of his life. Listen to his story on our website."
  • ""His team is phenomenal, and we are forever grateful for everything they have done for us.""
More Testimonials
  • Pat Cullan

    M.D., J.D.

    Medical Doctor
    Of Counsel

    A medical doctor and a seasoned trial lawyer, Dr. Patrick (Pat) Cullan has an impressive track record of representing those who have suffered catastrophic injuries due to another’s negligence or wrongdoing.

    Pat Cullan's Bio
  • Pat Cullan

    M.D., J.D.

    Medical Doctor
    Of Counsel

    A medical doctor and a seasoned trial lawyer, Dr. Patrick (Pat) Cullan has an impressive track record of representing those who have suffered catastrophic injuries due to another’s negligence or wrongdoing.

    Pat Cullan's Bio

The Doctor Lawyer Difference

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Involve A Caring & Experienced

Birth Injury Attorney

Birth injuries require a compassionate and expert hand. If your child was injured, it is the most difficult time of your life. The Phoenix birth injury lawyers at Cullan & Cullan are passionate about helping you and your child. We have been handling birth injury cases for over thirty years and it is the number one focus of our practice. We have four lawyers who are also doctors. We have investigated thousands of birth injury cases in Arizona and nationwide. Contact us for a free consultation with our firm. A member of our legal team will consult with you and discuss the specifics of your case. If we feel it has legal merit, we’ll take it on a contingency-fee basis. This means you’ll only pay us if we recover damages for you.