Questions?
What Is a Birth Injury Lawsuit?
A birth injury lawsuit is a type of legal action filed against negligent doctors, nurses, hospitals, or 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.
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 work with an experienced birth injury attorney to get the money you and your family deserve.
What Are the Most Common Birth Injuries?
Birth injuries can occur due to various complications during labor and delivery. They can range from minor bruises to severe neurological and physical impairments.
- Brain damage: This can lead to lifelong conditions, such as 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: A lifelong condition caused by brain damage during birth, it affects movement and coordination, with varying severity and symptoms.
- Fractures: The clavicle or collarbone may break during a difficult delivery, causing limited arm movement.
- Subconjunctival hemorrhage: This is the breaking of small blood vessels in the eyes that can cause a bright red band or patches around the eyes.
Can I Claim Compensation for Traumatic Birth?
Yes. You’re entitled to seek compensation if your baby’s injury occurred due to medical negligence.
- Adaptive equipment
- Lost wages for parents or caregivers
- Medications
- Mobility aids
- Nursing and special care
- Occupational therapy
- Physical therapy
- Special education
- Speech therapy
- Surgery
- Other related expenses
Why Should I File a Birth Injury 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 negligence.
Learn more about why you should file a birth injury lawsuit below.
Birth Injury Lawsuit Settlements Cover Costs 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.
40%
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
Financial compensation from a lawsuit can help you afford treatments to potentially 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 not be able to move, walk, eat, or speak properly.
By filing a birth injury lawsuit, you can hold negligent medical professionals accountable for their mistakes. Although it cannot undo the errors made, you can 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. Through a lawsuit, your story can alert other families who could be at risk.
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 confidential, and there is no obligation.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
Talk to A Nurse Now
Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Types of Birth Injury Lawsuits
Two main types of birth injury lawsuits can be filed. An experienced birth injury lawyer can explain which one you may be eligible to file.
Learn more about the types of birth injury lawsuits below.
Medical Malpractice Lawsuits
Doctors commit medical malpractice when they fail to provide quality medical care and protect the safety of the mother and baby during childbirth.
Medical malpractice claims must prove that your child’s injury was caused by medical negligence during the birthing process.
- Failure to detect signs of fetal distress, such as low heart rate
- Failure to perform a medically necessary C-section (cesarean section)
- Failure to treat maternal infections such as meningitis
- Failure to treat newborn jaundice or other conditions
- Improper use of forceps or vacuum extractors
- Use of force when pulling the baby out of the womb
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 or intrauterine fetal demise if a doctor does not quickly respond to the trauma.
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.
Birth Injury Lawsuit Process
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 case manager 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.
Your legal team will then estimate how much compensation is needed to treat your child’s condition throughout their lifetime.
Get started with a free case review now.
2. Gather Evidence
Your lawyer must prove that your child’s injuries or death were caused by medical negligence. They will gather information and evidence related to your case to build a strong claim.
- A detailed series of events before, during, and after delivery
- Maternal health records outlining any issues during pregnancy
- Medical records describing the conditions your child suffers from due to the birth injury
- Paid medical expenses as well as expected future bills
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 have around 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.
4. Discovery
After the defendants respond to the complaint, your lawyer will gather more information to build and strengthen your case.
At this point, your lawyers may request additional medical records and other documents related to your child’s birth to provide more in-depth information. You, your loved ones, and medical experts may also have to give statements or answer questions under oath during this time.
5. Birth Injury Lawsuit Settlements vs. Jury Verdict
Birth injury lawsuits are usually resolved through a settlement agreement, which involves the defendants paying the plaintiff a lump sum of money. About 95% of birth injury lawsuits end in a settlement.
The case will proceed to trial in rare instances when a birth injury settlement is not agreed upon. During a trial, a judge and/or jury will hear both sides’ arguments and determine if 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.
Birth Injury Lawsuit Settlements
Your birth injury lawyer will help determine your potential payout by calculating your case value. A case value is how much money your lawsuit is worth. Birth injury lawsuit case values vary by the specifics of your case.
- The calculated lifetime cost of care for your child
- Loss of income to care for your child’s injury
- Past, present, and future medical expenses
- The severity of the birth injury
- State limits on compensation amounts
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 now by calling us at (800) 914-1562.
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$10.4 million for a Pennsylvania family
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$9 million for an Alaska family
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$8 million for a New York family
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$7.8 million for a Florida family
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$4.25 million for a California family
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$950,000 for a New Jersey family
File Your Birth Injury Lawsuit Today
If your child has cerebral palsy, Erb’s palsy, or another condition caused by medical negligence, consider seeking help from a dedicated birth injury law firm.
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 make your family’s needs their top priority.
By working with an experienced legal team to pursue birth injury lawsuit compensation, you can rest assured knowing your child can get the treatment they deserve.
Get a free case review today to see if you qualify to file a lawsuit.
Birth Injury Lawsuit FAQs
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 for a case evaluation.
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.
What are the most common birth injuries?
Some of the most common birth injuries involve damage to the baby’s brain.
Here are some common birth injuries:
- Bone fractures
- Brachial plexus injuries, such as Erb’s palsy
- Cerebral palsy
- Complications from forceps or vacuum extractors
- Hypoxic-ischemic encephalopathy (HIE)
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 Erb’s palsy, cerebral palsy, or bone fractures.
The damage can be short-term or lifelong and affect the child’s physical and cognitive abilities.
How much are birth injury lawsuit settlements?
Birth injury lawsuit settlements vary significantly based on individual case details. However, payouts have ranged from $950,000 for a New Jersey family to $10.4 million for a Pennsylvania family.
While these amounts may not be typical, they can give you an idea of how much money may be involved when a child suffers from severe birth injuries that could have been prevented.
How much does it cost to file a birth injury lawsuit?
Filing a birth injury lawsuit with a top attorney should come at no upfront cost to you. The best lawyers work on a contingency fee basis, meaning they do not collect any upfront fees.
Your lawyer will only get paid if you win your lawsuit and secure compensation. 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.
Can you claim for birth trauma?
Yes. You can make a claim 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 to seek compensation for the harm caused. This can include costs for treatment, rehabilitation, and other related expenses.
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 places a time limit on how long you have to file a lawsuit. You may lose your right to sue forever if you miss the deadline.
Get a free case review now to see if you can file a birth injury lawsuit.
