Brain Damage at Birth Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Newborn brain damage, often occurring during childbirth, can lead to long-term physical and mental disabilities. Infant brain damage may be caused by physical injury, oxygen deprivation, or infections. Sometimes, medical malpractice may have played a role. Find out if you can work with an experienced infant brain damage lawyer to seek justice and compensation for your child’s care.

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What Is an Infant Brain Damage Lawyer?

A wooden gavel rests on top of diagnostic images of the brain from an MRI scan.Infant brain damage lawyers are specialized personal injury attorneys who represent families affected by newborn brain trauma that could have been prevented with proper medical care.

Depending on the severity, brain damage at birth can mean lifelong disabilities that most families never could have prepared for. These may include cognitive, physical, and behavioral impairments.

The ongoing care needed to treat your child’s brain injuries can be expensive, especially if your insurance doesn’t cover treatment. This can leave your family with mounting medical expenses and emotional distress.

Infant brain damage lawyers file medical malpractice lawsuits so families can seek the financial aid needed to pay for the lifetime costs of caring for a child with traumatic brain injuries.

The lawyers in our network have helped families across the country recover over $917 million from birth injury lawsuits. This includes cases of preventable infant brain damage. Find out if they can help you get the justice and financial compensation your family deserves.

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A free case review is the first step in pursuing compensation for you and your family.

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Brain Injury at Birth and Medical Malpractice

Infant brain damage can be a consequence of medical malpractice during delivery. This type of injury may cause conditions like cerebral palsy and hypoxic-ischemic encephalopathy (HIE).

Health care professionals involved in your pregnancy and childbirth are responsible for keeping you and your baby healthy. It’s their duty to monitor for any signs of trouble. Quick and appropriate action is vital if any issues are detected, ensuring the safety and health of your newborn. When medical providers fail to uphold the standard of care, it may be considered birth injury medical malpractice.

Causes of infant brain damage linked with medical malpractice include:
  • Lack of oxygen (hypoxia): Delivery teams should monitor fetal heart rate to prevent hypoxia. Quick interventions, like emergency cesarean sections (C-sections), may prevent brain damage if distress is detected. Oxygen monitoring and other respiratory interventions should begin immediately after birth if the infant has had a traumatic delivery or is showing any signs of distress after birth.
  • Newborn jaundice: Proper monitoring and early treatment of jaundice can prevent kernicterus (high levels of bilirubin in the blood leading to brain damage). Medical teams should routinely check bilirubin levels in newborns. Early detection and monitoring are important if the baby is born with risk factors for high bilirubin levels, such as a preterm delivery.
  • Physical head injuries: Using too much force in assisted deliveries can cause complications related to forceps or vacuum extractors.
  • Umbilical cord complications: Monitoring the umbilical cord is done by observing the infant’s heart patterns on an electric fetal monitoring device. Swift actions, like repositioning or C-sections, can halt oxygen deprivation and potential brain damage.
  • Viral or bacterial infections: Timely diagnosis and treatment of infections in pregnant women and newborns are essential. Preventative measures and immediate medical response can reduce the risk of brain damage due to infections.

If you suspect medical professionals could have prevented your child’s condition, a brain damage at birth lawyer may be able to help. Find out right now with a free consultation.

How Can a Brain Damage at Birth Lawyer Help?

An experienced brain damage at birth lawyer can simplify your role in the lawsuit process, handling all legal work on your behalf. They will create a unique plan for you and your family, usually following several key steps.

Here is how a skilled brain damage at birth lawyer can help:
  1. Provide a free consultation: They offer a free case review to see if you may have a valid newborn brain damage claim.
  2. Investigate the birth injury: Your lawyer carefully evaluates the details of your child’s birth to determine if medical malpractice may have caused their brain damage.
  3. Collect evidence: Brain damage at birth lawyers gather medical records and bills, expert opinions, and other relevant evidence to build a strong case.
  4. File the lawsuit: They handle each step of the legal process, ensuring all documents are filed correctly and within your case’s specific deadlines.
  5. Negotiate on your behalf: They will work to secure the highest birth injury settlement without you having to step foot in court.
  6. Represent you in court: If a fair birth injury settlement isn’t reached, they will take your case to trial to fight for your family.

Hiring an experienced infant brain damage lawyer lets you focus on caring for your child. Meanwhile, your legal team will work hard to get your family the financial support and justice you deserve.

Infant Brain Damage Settlements and Verdicts

Brain damage at birth settlements and verdicts provide the financial aid needed to care for children harmed at birth. Many birth injury settlements have awarded millions of dollars to families.

Reported newborn brain damage settlements include:
  • $40 million verdict for an Illinois teenager whose delayed C-section delivery caused severe brain damage
  • $19.5 million in Pennsylvania for delayed childbirth leading to brain injury
  • $16 million in Washington for brain damage caused by delayed treatment and hospital malpractice
  • $11 million for a West Virginia family after the delivery team failed to detect fetal distress, leading to infant brain damage and cerebral palsy
  • $5 million in Massachusetts for a child who suffered brain damage during delivery
  • $2.2 million in New York for a child who suffered a brain injury due to failure to diagnose, monitor, and treat

For many families, working with an experienced brain damage at birth lawyer helped increase their birth injury lawsuit payouts.

Get a free case review right now to see if you qualify to work with an infant brain damage lawyer near you.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

When Should I Hire a Brain Damage at Birth Lawyer?

Consider hiring an infant brain damage lawyer as soon as you suspect your child’s condition might be due to a medical mistake.

It’s important to act quickly because there’s a strict deadline for filing lawsuits, known as the statute of limitations. Once this window passes, you won’t be able to pursue legal action.

Each state has a specific deadline for birth injury cases, making it essential to consult a lawyer who understands the laws in your area. A brain damage at birth lawyer can advise you on how much time you have to file your lawsuit.

Did you know

Sometimes, brain trauma does not become apparent for years until a child starts missing developmental milestones. Therefore, your newborn may be misdiagnosed or not diagnosed with brain damage immediately after birth.

By working with an experienced brain damage at birth lawyer, you can ensure your case is filed before your deadline, even if you don’t have an official diagnosis yet.

Don’t wait to find out what legal options you may have. Call our team at (800) 914-1562 or get a free case review right now.

How to Find the Best Brain Damage at Birth Lawyer

Finding the right infant brain damage lawyer for your case is essential to increase your chances of a successful outcome. Birth injury cases are complex and challenging to prove, but experienced attorneys can help.

Below are some qualities to look for in brain damage at birth lawyers.

No Upfront Costs

Choose a brain damage at birth lawyer who works on a contingency fee basis. This means there are no upfront costs, and you only pay legal fees if your case is successful. They will receive a percentage of your payout if they negotiate a birth injury settlement or win a verdict for you.

Registered Nurses on Staff

Our legal partners have labor and delivery nurses on staff with decades of combined expertise. They are available to listen to your story, answer any questions you have, and help you understand what could have caused your child’s brain damage.

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Experience With Infant Brain Damage Cases

Seek attorneys with a history of handling newborn brain damage and other birth injury cases. Top brain damage at birth lawyers know how to gather the evidence needed to build a strong case linking your child’s brain injury to medical negligence.

History of Successful Birth Injury Settlements

Experienced brain damage at birth lawyers have a proven track record of success with previous birth injury cases. This means they can accurately assess the impact of your child’s brain trauma and calculate the amount of money needed for their lifelong care. They will then fight hard to get you the money your family needs.

Works at a Reputable Birth Injury Law Firm

Generally, attorneys who work at trusted birth injury law firms have access to extensive resources, legal expertise, expert witnesses, and ample support. Choosing a lawyer from a reputable medical malpractice firm can increase your chances of success.

Find a Brain Damage at Birth Lawyer Near You

Our team understands that your child’s future is your top priority. And everything you do is meant to secure their well-being and happiness. Having the right infant brain damage lawyer can significantly impact the outcome of your case and your child’s future.

Newborn brain damage cases are complex and require a lawyer who is not only experienced in the law but also dedicated to advocating for your family’s unique needs.

Brain damage at birth lawyers with the right experience can guide you through the legal process with clarity. They work hard to uphold your rights and fight for the compensation your family deserves.

At the Birth Injury Justice Center, we partner with some of the country’s best infant brain damage lawyers.

Contact us right now at (800) 914-1562 or fill out our case review form to find out if we can support you in securing a better future for your child.

Brain Damage at Birth Lawyer FAQs

How do you file a brain damage lawsuit for injuries caused by birth trauma?

To start a brain damage lawsuit for birth trauma, consult with a specialized brain damage at birth lawyer. They will guide you through the process, gather evidence, establish negligence, and file legal documents on your behalf.

The Birth Injury Justice Center partners with some of the country’s best brain damage at birth lawyers. Find out if we can connect you right now with a free case review.

What is brain injury compensation at birth?

The average birth injury settlement is estimated at $1 million. However, the value of an infant brain damage settlement is influenced by factors such as the severity of the brain injury, expected future medical needs, and long-term consequences.

Experienced brain injury at birth lawyers can assess the specifics of your case to provide an estimate.

How long will a birth injury brain damage case take to settle?

Most birth injury cases are settled out of court, sometimes within six months to a year. If a settlement isn’t reached, the case may go to court, where it can still be settled during the trial. This process, however, often extends the case’s duration to over a year.

Your brain damage at birth lawyer can provide an estimated timeframe based on the specific details of your case.

Do you need a brain damage at birth lawyer to start a birth injury lawsuit?

While starting a birth injury lawsuit without a lawyer is possible, having legal representation significantly increases your chances of success.

An infant brain damage lawyer brings expertise, resources, and advocacy to navigate the complexities of these cases effectively. They can prove that the standard of care was not upheld during the birthing process and caused your child’s birth injury.

How can a lawyer prove that my baby’s brain damage was caused by medical negligence?

A skilled brain damage at birth lawyer proves medical negligence by conducting thorough investigations, consulting medical experts, and presenting evidence that establishes a direct link between medical errors and the baby’s brain damage.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Cleveland Clinic. (2022, June 12). Forceps delivery. Retrieved January 25, 2024, from
  2. Hagberg, H., et al. (2016, August). Perinatal brain damage: The term infant. Neurobiology of disease, 92(Pt A), 102–112. Retrieved January 25, 2024, from
  3. Stanford Children’s Hospital. (n.d.). Birth injuries. Retrieved January 25, 2024, from