Birth Injury Lawsuit

Birth injuries are often caused by medical negligence before, during, or shortly after childbirth. Families may be able to file a birth injury lawsuit to seek compensation for their child’s medical expenses, care costs, and more. Birth injury lawsuits can award over $1 million. Find out if you may be able to take legal action.

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Why Take Legal Action?

By filing a birth injury lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

$10.4 million for a Pennsylvania child with cerebral palsy
$5 million for a Massachusetts child with brain damage
$4.5 million for a child in Illinois with Erb’s palsy

Written by: Rae Theodore

Last updated: Oct 25, 2024

Fact-Checked and Legally Reviewed by: Katie Lavender, RN

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a type of medical malpractice lawsuit that allows parents to seek compensation if their child’s health condition was caused by a medical mistake.

“Medical malpractice (or medical negligence) occurs when a doctor, health care professional, hospital or other health care facility fails to care for someone in accordance with the accepted standards of the medical profession and the person is injured, becomes ill or a condition or illness worsens as a result.”

– New York City Bar

A gavel and the scales of justice sit on a counter

Birth injury lawsuits can be filed against doctors, labor and delivery staff, or the hospital where the birth took place.

The cost of lifetime care for a person with cerebral palsy — one of the most common types of birth injuries — is about $1.65 million, according to the Centers for Disease Control and Prevention (CDC).

Compensation from a birth injury lawsuit can help your family pay for medical care, assistive technology, and other expenses that may improve your child’s quality of life.

If you suspect your child’s birth injury was caused by a medical mistake, LawFirm.com may be able to help. We have registered nurses on staff who can listen to what happened and determine if medical malpractice may have played a role. Get a free case review now.

Birth Injury Lawsuit Settlements & Verdicts

Most birth injury lawsuits end in settlements, which often allow families to access compensation without stepping foot inside a courtroom.

How much compensation your family may receive depends on the details of your case. Birth injury lawsuit settlements can vary greatly based on the severity of the injury, lifetime cost of treatment, and other factors.

LawFirm.com has partnered with birth injury law firms that have recovered over $962 million for families across the country impacted by preventable birth injuries.

Birth injury settlements and verdicts our legal partners have secured include:

$10.5 million for a child in Missouri with cerebral palsy due to malpractice
Over $10.4 million on behalf of a Pennsylvania child with cerebral palsy
$9.67 million for a child in Massachusetts injured during delivery
$9 million to an Alaska family whose child was injured by a vacuum extractor
$8 million for a child in California with a brain injury from vacuum extractor injuries
$7.8 million to a Florida family whose child developed cerebral palsy
$7 million on behalf of a Michigan child with cerebral palsy due to malpractice at birth
$6.5 million to a child in Washington with cerebral palsy
$6 million for a child in New York with untreated jaundice leading to brain damage
$5.9 million to a Texas child who suffered oxygen deprivation from delayed medical care
$4.5 million for a child with Erb’s palsy, a nerve injury causing paralysis, in Illinois
$4 million to a New Jersey child for umbilical cord strangulation and fetal distress
$3.3 million for a New Hampshire family affected by cerebral palsy
Nearly $3 million on behalf of a child in Connecticut with a brachial plexus nerve injury

These compensation amounts do not necessarily indicate how much you may receive from a birth injury lawsuit. Your lawyer can determine the potential value of your claim by calculating your child’s estimated treatment costs and other factors.

LawFirm.com can help you take the first step toward pursuing a birth injury lawsuit settlement.

Call (888) 726-9160 right now to see if you may be able to file a birth injury lawsuit and pursue the compensation your child needs and deserves.

Who Can File a Lawsuit for Birth Injury Malpractice?

Parents or guardians of children who were injured due to a medical error made before, during, or shortly after childbirth may be able to file birth injury lawsuits.

LawFirm.com has registered nurses on staff with decades of experience in labor and delivery. They can help you figure out what may have gone wrong during your child’s birth and connect with support resources — for free.

“I’m here to listen and use my medical training and experience to help identify things that may have gone wrong during birth.”

– Kristin Proctor, registered nurse and LawFirm.com case manager

Even if your child doesn’t have an official diagnosis, we may still be able to help.

Birth injury lawsuits have strict deadlines, so it’s important to contact our team as soon as possible.

Types of Birth Injury Lawsuits

Parents have successfully filed lawsuits and secured compensation for many different types of birth injuries.

Families of children with these common birth injuries often take legal action:

Brain damage
Broken bones
Cerebral palsy
Delayed cesarean section (C-section) injuries
Erb’s palsy
Fetal distress
Forceps or vacuum extraction injuries (tools used to assist a delivery)
Hypoxic ischemic encephalopathy or HIE (caused by lack of oxygen/blood flow to the brain)
Necrotizing enterocolitis
Shoulder dystocia (the baby’s shoulders become stuck behind the pubic bone during delivery)
Skull fractures
Spinal cord injuries
Umbilical cord strangulation
Untreated jaundice (high levels of waste from cell breakdown leading to brain damage)
Wrongful death

This is not a complete list. Many other types of birth injuries can be caused by medical malpractice and may qualify for a birth injury lawsuit.

Steps in the Birth Injury Lawsuit Process

Working with an experienced law firm can make filing a birth injury lawsuit as easy and stress-free as possible. Your legal team will handle every step of the process on your behalf, allowing you to focus on your child’s care and well-being.

Learn more about how birth malpractice cases work below.

1. Get a Free Case Review

Some firms offer free case reviews, which allow you to see if you may qualify to file a birth injury lawsuit without any financial risk.

You do not need a birth injury diagnosis to get a free case evaluation. Birth injury lawyers and their support staff can listen to your story and determine whether medical malpractice may have played a role in your child’s injury.

Get started with a free case review right now.

2. Gather Evidence

As soon as you qualify for a lawsuit, your birth injury lawyer and the rest of your legal team will start collecting evidence.

This evidence will be used to support your claim by:

Establishing medical malpractice
Estimating the amount of your damages (how much money you’re owed)
Identifying the parties to blame

Birth injury law firms often gather medical records from the mother’s pregnancy and the child’s birth, as well as firsthand accounts of the delivery. These pieces of evidence are critical in proving a child’s birth injury was caused by medical negligence.

3. File the Birth Malpractice Lawsuit

Your attorney will file your claim once all initial information has been gathered. You will become the plaintiff, and the doctors, health care providers, or hospital you are suing will become the defendants.

Your team will file your lawsuit before legal deadlines known as the statute of limitations, which set the amount of time you have to file a birth injury lawsuit. If you don’t file before this deadline, you won’t be able to recover money through a lawsuit.

4. Settlement Negotiations

After both parties have gathered enough supporting evidence to back their claims, settlement negotiations may begin. During this phase, your lawyer will request the defendants pay a lump sum of money to compensate you for your damages.

Did you know?

About 95% of all birth injury cases end in a settlement agreement.

The two sides may go back and forth when negotiating a settlement amount. Your lawyer will fight for enough money to cover lifetime costs to care for your child.

In the unlikely event that a settlement isn’t reached, the lawsuit will proceed to trial. During a trial, a judge or jury will listen to arguments from both sides and determine whether the health care provider is responsible for the child’s injury.

Many experienced lawyers will seek to resolve a birth malpractice case with a settlement agreement because birth injury lawsuit verdicts can be risky, costly, and time-consuming.

2024 Update: Birth Injury Malpractice Case Values

A number of birth injury lawsuits have awarded families tens of millions of dollars in 2024.

Recent birth injury malpractice case values include:

$120 million for the family of a child who suffered brain damage and developed cerebral palsy after labor and delivery staff at Henry Ford Hospital in Detroit ignored signs of fetal distress and failed to perform a timely C-section.
$32.5 million to the family of a 5-year-old boy with cerebral palsy and other life-altering health conditions caused by a delayed delivery that resulted in oxygen deprivation.
$14 million for the family of a 4-year-old boy who passed away from serious injuries he sustained while being delivered at the University of Chicago Medical Center that caused him to develop hypoxic-ischemic brain damage.

Successful birth injury malpractice cases provide compensation that families can use to help pay for lifetime care for their children and give them the best life possible.

How Birth Trauma Lawsuit Compensation Can Help

Children with severe birth injuries may require lifelong care. In these cases, compensation from a birth trauma lawsuit can be used to pay for medical expenses, care costs, and more.

It can also be used to pay for things like motorized wheelchairs and housing accommodations that allow children to access the world around them more easily.

Birth injury lawsuit compensation can help your family pay for:

Adaptive equipment
Medications
Mobility aids
Occupational therapy
Physical therapy
Special education
Speech therapy
Surgery
Transportation equipment
And more

By working with an attorney who specializes in birth injury lawsuits, you can increase your chances of getting the compensation your child needs to live their best life.

See if we can connect you with a lawyer who may be able to file a birth injury lawsuit on your behalf and fight for maximum compensation.

How Long Do You Have to Sue for a Birth Injury?

It’s important to file your birth injury lawsuit within your state’s statute of limitations. These laws set a time limit on how long you have to file a birth injury claim and vary by state.

In most states, the birth injury statute of limitations is 2-3 years from when the injury is discovered. However, in some states, parents only have 1 year to file a claim.

Since birth injury lawsuits are time-sensitive, it’s essential to work with an experienced attorney. If you don’t file your lawsuit within the statute of limitations, you will lose your right to seek justice and compensation for your child.

Even if you think the deadline has passed in your birth malpractice case, it’s a good idea to contact a birth injury attorney. An experienced birth injury lawyer can see if you may qualify for other compensation options or if exceptions may apply in your case.

Get Help Filing a Birth Malpractice Claim

If you believe your child’s birth injury was caused by medical negligence, you may be eligible to recover money from a birth injury lawsuit. The first step is to find a lawyer who can evaluate your case, determine its value, and file your claim.

LawFirm.com works with lawyers who have recovered over $962 million in birth injury lawsuit compensation for families nationwide.

The birth injury lawyers in our network:

Can handle birth injury lawsuits in all 50 states
Have a proven track record of success
Never charge any upfront or out-of-pocket fees

Call (888) 726-9160 right now or fill out our contact form to take the first step toward compensation and justice for your family.

Labor and Delivery Malpractice Cases FAQs

Can you sue a hospital for traumatic birth?

Yes, you may be able to sue a hospital for birth trauma if the hospital bears some responsibility for your child’s injury. For example, the hospital may have known that the obstetrician who delivered your baby had a history of negligence.

Always check a nurse’s documentation. If a nurse documented in the charting that concern was reported to the doctor, sometimes multiple times, without a call for a C-section or change in interventions and an injury resulted, this could be considered negligence.

A birth injury lawyer can let you know if you may have a valid medical malpractice case against the hospital and labor and delivery team. If you do, they can file a birth trauma lawsuit on your behalf and fight for maximum compensation.

Get a free case review right now to see if you may be able to sue a hospital for your child’s traumatic birth.

How long does a birth injury lawsuit take?

The timeline of a birth injury lawsuit can vary depending on your specific case, but working with an experienced birth injury attorney can help make the legal process go as smoothly and efficiently as possible.

Your medical malpractice attorney will keep in touch throughout the lawsuit process to provide updates about your case’s time frame.

How long after birth can you sue for malpractice?

There is only a limited amount of time to sue for malpractice after the birth of your child. How long you have depends on several factors, like the state in which your baby was born and when they were diagnosed with a birth injury.

In most states, parents have 2-3 years from the date they discovered their child’s injury to file birth injury lawsuits against negligent medical professionals. In other states, the filing deadline can be as short as 1 year.

To protect your legal rights, it’s best to speak to a personal injury attorney as soon as possible.

How do I get compensation for a birth injury?

To get compensation for a birth injury, contact a lawyer who is experienced in this area of the law. A lawyer may be able to file a birth injury lawsuit on your behalf and fight for a settlement that provides you with enough money to pay for your child’s medical expenses and care.

We can connect you with a top birth injury lawyer if you qualify. Call (888) 726-9160 to get started.

How do I get help with a birth injury lawsuit?

A law firm that specializes in birth injury malpractice may be able to help you file a birth injury lawsuit.

The firm can:

Determine if you’re eligible to take legal action during a free case review
Collect evidence and consult with medical experts to prove your birth injury malpractice case
Fight for maximum compensation while negotiating a birth injury settlement

A law firm will handle all aspects of a birth injury lawsuit, so you can focus on your child.

A photo of our team member Katie Lavender smiling.

Fact-Checked and Legally Reviewed by: Katie Lavender, RNRegistered Nurse

Editor

Katie Lavender has over 8 years of experience as a registered nurse (RN), providing direct care to mothers and babies after childbirth. She brings her hands-on experience in the field of labor and delivery to the LawFirm.com team, helping ensure that our birth injury content is correct and up to date.