Birth Injury Lawsuit

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

A birth injury lawsuit seeks to hold doctors, nurses, and hospitals accountable for mistakes made during childbirth, helping families get financial aid for the care and support their child will need. Compensation from a birth injury lawsuit can help pay for your child’s medical treatment, therapies, assistive devices, and more. See if you qualify to file a birth injury lawsuit right now.

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What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a type of legal action filed against negligent doctors, nurses, hospitals, and other medical professionals that caused a child to develop a preventable birth injury.

Money from a birth injury medical malpractice case can help pay for the medical treatment needed to give your child the best chance at improving their quality of life.

$1 Million
Average settlement of a birth injury lawsuit

The Birth Injury Justice Center partners with an extensive network of birth injury lawyers who can help families in all 50 states. Together, they have recovered over $905 million in birth injury lawsuit compensation.

You may be eligible to file a lawsuit if your child developed an injury caused by medical mistakes before, during, or shortly after birth.

Get a free case review to see if you can file a birth injury lawsuit to pursue the money your family deserves.

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

Birth Injury Lawsuit Settlements and Verdicts

Compensation awarded through birth injury settlements and trial verdicts provides families with the financial support needed to care for children who were harmed during childbirth.

Many birth injury lawsuits result in multi-million dollar payouts.

Here are some birth injury payouts our legal partners have helped recover:
  • $10.4 million for a Pennsylvania family whose child developed cerebral palsy (CP)
  • $8 million for a New York family for their child’s vacuum extraction delivery injury
  • $7.8 million for a Florida family whose child developed preventable CP
  • $6 million for a California family of a child who developed CP from medical mistakes
  • $5.1 million for a family in Texas for harm caused by birth asphyxia (lack of oxygen)
  • $5 million for a Massachusetts child who suffered brain damage during delivery
  • $4.5 million for an Illinois family whose child developed Erb’s palsy

Birth injury lawsuit payouts vary by the specifics of each case. The best way to determine the value of your claim is to get a free consultation from an experienced birth injury lawyer.

Start the process by calling us at (800) 914-1562 or Click to Chat right now.

Who Can File a Birth Injury Lawsuit?

Parents or legal guardians of a child who suffered harm due to medical negligence during childbirth may be able to file a birth injury lawsuit. Preventable mistakes during childbirth may be considered birth injury medical malpractice.

You may be able to file a birth injury lawsuit for these common birth injuries:
  • Brain damage: This can include conditions like hypoxic-ischemic encephalopathy (HIE).
  • Brachial plexus injuries: When nerves of the arms and hands are injured due to delivery complications, nerve disorders can develop, such as Erb’s palsy.
  • Caput succedaneum: This is significant scalp swelling that can occur during delivery.
  • Cephalohematoma: This is a raised lump on the baby’s head due to bleeding between the skull and its covering.
  • Cerebral palsy: CP is a lifelong condition caused by brain damage during birth. It affects movement and coordination and varies in severity and symptoms.
  • Fractures: The clavicle (collarbone) may break during a difficult delivery, causing limited arm movement.
  • Periventricular leukomalacia (PVL): A form of brain damage that affects infants primarily involving the brain’s white matter near the ventricles (cavities).
  • Spinal cord injuries: Newborn spinal cord injuries usually impact the neck region, often occurring when a doctor pulls on a baby too hard during delivery.

If your child suffered from any form of harm during childbirth, you may be able to file a birth injury lawsuit.

Get a free legal case review right now to find out your legal options.

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

Why Should I File a Birth Injuries Lawsuit?

There are many benefits to filing a birth injury lawsuit. Lawsuits can ease some challenges of caring for a child with disabilities and protect other families from experiencing birth injuries caused by medical negligence.

Learn about common reasons families decide to file birth injury lawsuits below.

Birth Injury Lawsuit Settlements Can Cover the Cost of Care

If your child has suffered a severe birth injury, their care requirements may be more expensive than the average costs of raising a child.


of families who have children with special health care needs experience a financial burden from paying for their child’s care.

Source: Massachusetts General Hospital

Compensation from birth injury lawsuits can help pay for:
  • Adaptive equipment like leg braces
  • Lost wages for parents or caregivers
  • Medications for short- and long-term care
  • Mobility aids like motorized wheelchairs
  • Nursing and special care
  • Therapies, such as physical or speech
  • Special education services
  • Surgical procedures
  • Other related expenses

Financial compensation from a birth injury lawsuit can help you improve your child’s overall quality of life.

Birth Injury Lawsuits Help Families Seek Justice

Birth injuries can affect your child for their entire life. Depending on the severity of their injury, they may move, walk, eat, or speak differently than others.

By filing a birth injury lawsuit, you can hold negligent medical professionals accountable for their mistakes. Although it cannot undo the errors made, you may find peace of mind knowing you won’t have to pay the medical costs for an injury that could have been avoided and was not your fault.

Birth Injury Lawsuits Can Help Other Families

Lawsuits can also help you raise awareness about a particular doctor or hospital, potentially leading to safer practices. Through a lawsuit, your story can alert other families who could be at risk.

A mother and daughter help the sibling with special needs play a guitar.

Further, filing a lawsuit may also encourage other families who suffered a birth injury to take legal action and pursue the compensation they deserve.

Even if you are not ready to file a birth injury lawsuit, you probably have questions. The Birth Injury Justice Center has registered nurses on staff who can help.

Connect with one of our labor and delivery nurses now. They can help you decide what to do next. Your call is free, confidential, and without obligation.

Nurse Beth Carter

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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.

When Should I File a Birth Injury Lawsuit?

Consider filing a birth injury lawsuit 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 birth lawyer can advise you on how much time you have to file your lawsuit.

Did you know

Sometimes, birth injuries do not become apparent for years until a child starts missing developmental milestones. Therefore, your newborn may be misdiagnosed or not diagnosed at all immediately after birth.

By filing a birth injury lawsuit right away, 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.

Types of Birth Injury Lawsuits

Two main types of birth injury lawsuits can be filed. Learn more below.

Medical Malpractice Lawsuits

Doctors commit birth injury malpractice when they fail to provide quality medical care and protect the safety of the mother and baby during childbirth.

Medical malpractice claims must show your child’s injury was caused by medical negligence during the birthing process.

Some examples of medical negligence include:
  • Applying too much force when pulling the baby out of the womb
  • Delaying or not performing a medically necessary C-section (cesarean section)
  • Failing to treat newborn jaundice or other conditions
  • Ignoring signs of fetal distress, such as low heart rate
  • Mismanaging maternal infections such as meningitis
  • Misusing forceps or vacuum extractors (assistive tools used to help delivery)

Medical negligence can cause injuries such as brain damage, cerebral palsy, Erb’s palsy, and other serious conditions.

Wrongful Death Lawsuits

Unfortunately, severe birth injuries can lead to death if a doctor does not quickly respond to the trauma. Additionally, negligent care during pregnancy can lead to stillbirth, also called intrauterine fetal demise (IUFD).

You may be eligible to file a wrongful death lawsuit if your child died due to medical mistakes made before, during, or shortly after childbirth.

Get a free legal case review right now.

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

Steps in Birth Injury Lawsuits

Although every case is different, most birth injury lawsuits follow a similar process. The first step to filing a lawsuit is to contact a lawyer with experience in birth injury cases. A lawyer can help you file your case, gather evidence, strengthen your claim, and potentially obtain compensation.

Learn more about the steps in the birth injury lawsuit process below.

1. Free Case Review

The best birth injury law firms offer a free case consultation to verify that you are eligible to file a birth injury lawsuit.

During your free consultation, a birth injury patient advocate will ask questions and help determine if you have a case. If it seems like your child’s birth injury could have been prevented with proper medical care, your case will likely be accepted.

2. Gather Evidence

To win your birth injury lawsuit, your lawyer must prove that your child’s injury or death was caused by medical negligence. They will gather information and evidence related to your case to build a strong claim.

This evidence may include:

  • A detailed series of events before, during, and after delivery
  • Maternal health records outlining any issues during pregnancy
  • Medical records detailing the conditions your child has due to the harm
  • Paid medical expenses as well as expected future bills

Your legal team will then estimate how much compensation is needed to treat your child’s condition throughout their lifetime.

3. File a Birth Injury Lawsuit

Once your lawyers collect all relevant information, they will file your birth injury lawsuit. You will become the plaintiff, and the doctor and/or hospital being sued will become the defendants.

The court will then issue a schedule for the case, such as mediation and trial dates.

Your birth injury attorney will ask for money from the defendants, and they will usually have 30 days to respond.

If they do not respond, you will automatically win the case. If they do respond but refuse to pay you, they will explain why they believe they are not responsible for your child’s injury.

Your attorney will fight to get your family as high a payout as quickly as possible.
Birth injury lawsuits are usually resolved through a settlement agreement, which involves the defendants paying the plaintiff a lump sum of money. Over 95% of birth injury lawsuits end in a settlement.

Birth injury lawsuit payouts depend on factors like:

  • The calculated lifetime cost of care for your child
  • Loss of income to care for your child’s injury
  • Past and future medical expenses
  • The severity of the birth injury
  • State limits on compensation amounts

In rare instances, when a birth injury settlement is not agreed upon, the case will proceed to trial. During a trial, a judge or jury will hear arguments from both sides and determine whether the plaintiff deserves financial compensation from the defendants.

Most birth injury lawyers will try to negotiate a settlement instead of going to court because trials can be time-consuming, costly, and risky. If the court does not rule in your favor, you may receive no financial compensation at all.

Get Help Filing a Birth Injury Lawsuit

If your child suffered from preventable harm during childbirth, consider seeking help from a dedicated birth injury law firm.

The experienced medical malpractice attorneys at these specialized firms understand the fear and concerns that come with an injury at birth. They will guide you through the legal process and handle all aspects of a lawsuit so you can focus on caring for your child.

By working with an experienced legal team to pursue birth injury lawsuit compensation, you can rest assured knowing your child’s future is in capable hands.

Call the Birth Injury Justice Center at (800) 914-1562 right now or get a free case review to see if you qualify to file a birth injury lawsuit.

Birth Injury Lawsuit FAQs

What is a birth injury lawsuit?

A birth injury lawsuit is when families sue doctors, nurses, and/or hospitals for harm caused by mistakes made during childbirth. Compensation is awarded in birth injury lawsuits to help cover medical expenses, pain and suffering, and long-term care costs.

Birth injury lawsuits also hold medical providers accountable when they do not uphold the standard of care. Many families feel this is a way to get closure, knowing that justice has been served.

Was my child’s birth injury preventable?

The best way to find out if your child’s birth injury could have been prevented is to contact a skilled birth injury lawyer.

Doctors have a duty to uphold the standard of care. An experienced attorney specializing in birth injury cases can help you determine if your child’s injury was caused by negligence and if you can file a birth injury lawsuit.

We can help you get started right now with a free case review.

What is the most common birth injury?

Head injury is the most common birth injury, according to the Merck Manual. Often, the most common birth injuries involve damage to the baby’s brain.

These are some other common birth injuries:

  • Bone fractures
  • Brachial plexus injuries, such as Erb’s palsy (damage to the nerves)
  • Cerebral palsy (movement disorder from brain damage)
  • Complications from forceps or vacuum extractors (delivery assistive devices)
  • Hypoxic-ischemic encephalopathy (HIE) (brain damage from lack of oxygen and blood)

What are birth injuries due to negligence?

Birth injuries due to negligence occur when medical professionals make mistakes during childbirth. These errors can cause harm to the baby, leading to conditions like cerebral palsy, Erb’s palsy, and skull or bone fractures.

The damage can be short-term or lifelong and can affect the child’s physical and cognitive abilities.

How much compensation for birth injury do families receive?

Birth injury lawsuit settlements vary significantly based on individual case details. However, our legal partners have helped get payouts ranging from $950,000 for a New Jersey family to $10.4 million for a Pennsylvania family.

While these amounts are not guaranteed, they can give you an idea of how much money may be awarded when a child suffers from severe birth injuries that could have been prevented.

How much are birth injury lawsuit settlements?

The average birth injury settlement is around $1 million. However, many families have received multimillion-dollar payouts.

The lawyers in our extensive network have helped families recover over $905 million from birth injury lawsuits.

It’s important to understand that the value of a birth injury case is affected by various factors, such as the severity of the condition and the child’s expected medical needs.

An experienced birth injury lawyer can evaluate the specifics of your case and help you understand what you may be able to expect. We can connect you right now if you qualify — call our team at (800) 914-1562.

How much does it cost to file a birth injury lawsuit?

Filing a birth injury lawsuit with a top attorney should cost you nothing upfront. The best birth injury lawyers work on a contingency fee basis, meaning they do not collect upfront fees.

Your lawyer will only get paid if they secure compensation for you. Generally, your legal team will collect a percentage of the overall compensation awarded in your lawsuit.

How long does a birth injury lawsuit take?

How long a birth injury claim takes will depend on your specific case. One of the most influential factors is whether your lawsuit reaches a settlement or goes to trial. Trials can add more time to the case. That said, some birth injury lawsuits are resolved in less than a year.

When should I file a birth injury lawsuit?

You should file your birth injury lawsuit as soon as possible. Each state has a statute of limitations that limits the time you have to file a lawsuit. If you miss this deadline, you may lose your right to sue.

Get a free case review now to see if you can file a birth injury lawsuit.

Can you sue a hospital for traumatic birth?

Yes. Hospitals are often sued for birth trauma. If your child’s injury is due to medical negligence during pregnancy, labor, or delivery, you can file a birth injury lawsuit against the doctors, nurses, and the hospital to seek compensation for the harm caused. This can include costs for treatment, rehabilitation, and other related expenses.

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.

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