Birth Injury Lawyer

Quick Answer

If your child has suffered a preventable birth injury, you should take legal action against those who caused your child’s birth injury. A birth injury lawyer can help you access compensation to pay for your child’s treatments and hold accountable the doctors who were negligent with their care.

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How Can a Birth Injury Attorney Help Me?

woman with lawyerThe goal of a birth injury attorney is to win your case and make the legal process easier for you and your family.

Children living with a birth injury may require expensive medical treatment for months, years, or even their entire life. Birth injury lawyers strive to help you get the highest possible amount of compensation to alleviate any financial burdens placed on your family.

Financial compensation from a birth injury lawsuit can help pay for:

  • Adaptive equipment like wheelchairs
  • At-home nursing care
  • Different types of therapy
  • Medications
  • Lost wages if you need to quit your job to care for your child
  • Other personal and medical expenses

Working with an attorney that specializes in birth injury claims may increase your chances of winning your case. Many birth injury attorneys have years of experience, so they know how to build strong claims and pursue the maximum amount of compensation available to you.

Birth injury lawyers also strive to bring justice to those who caused your child’s preventable birth injury. Your lawyer will work with your family to ensure the health care professionals that showed medical negligence are held responsible.

IS YOUR CHILD MISSING DEVELOPMENTAL MILESTONES?

Take Our Milestones Quiz

Taking note of your child’s physical, social, and emotional skills can help you determine if they potentially suffered from an injury at birth. An early diagnosis can help your child get the treatment they need as soon as possible.

Q1: How old is your child?

0-2 Months

3-4 Months

5-6 Months

7-9 Months

10-12 Months

13-18 Months

19-23 Months

24+ Months

0-2 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Hold their head steadily on their own?
  • Q3: Push themselves up when they are lying on their stomach?
  • Q4: Start to make smoother movements with their arms and legs?
  • Q5: Smile at other people?
  • Q6: Bring their hands to their mouth?
  • Q7: Turn their head when they hear a noise?
  • Q8: Coo or make gurgling noises?
  • Q9: Follow things with their eyes?
  • Q10: Try to look at their parents or caregivers?
  • Q11: Show boredom, cry, or fuss when engaged in an activity that hasn’t changed in awhile?
BACKBACK0-2-years old child

3-4 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Hold their head steadily on their own?
  • Q3: Push down on their legs when their feet are on a flat surface?
  • Q4: Start to roll over from their stomach to their back?
  • Q5: Hold and shake a toy such as a rattle?
  • Q6: Bring their hands to their mouth?
  • Q7: Play with people and start to cry when the playing stops?
  • Q8: Smile spontaneously, especially at people?
  • Q9: Copy some movements and facial expressions of other people?
  • Q10: Babbles with expressions and copy sounds they hear?
  • Q11: Cries in different ways to show hunger, pain, or being tired?
  • Q12: Respond to affection like hugging or kissing?
  • Q13: Follows moving things with eyes from side to side?
  • Q14: Recognize familiar people at a distance?
BACKBACK3-4-years old child

5-6 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Roll over on both sides (front to back/back to front)?
  • Q3: Begin to sit without support?
  • Q4: Rock back and forth?
  • Q5: Supports weight on legs and might bounce when standing?
  • Q6: Begin to pass things from one hand to another?
  • Q7: Bring objects such as toys to their mouth?
  • Q8: Know if someone is not familiar to them and is a stranger?
  • Q9: Respond to other people’s emotions such as a smile or a frown?
  • Q10: Enjoy looking at themselves in the mirror?
  • Q11: Look at things around them?
  • Q12: Respond to sounds they hear by making sounds themselves?
  • Q13: Make sounds to show joy or displeasure?
  • Q14: Respond to their own name?
  • Q15: Start to string vowels together such as "ah," "eh," "oh," or say consonant sounds such as "m" or "b"?
  • Q16: Begin to laugh?
BACKBACK5-6-years old child

7-9 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Crawl?
  • Q3: Stand while holding onto something to support them?
  • Q4: Sit without support?
  • Q5: Pull themselves up to stand?
  • Q6: Play peek-a-boo?
  • Q7: Move things from one hand to another?
  • Q8: Pick small things up such as a piece of cereal with their thumb and index finger?
  • Q9: Look for things that they see you hide?
  • Q10: Watch the path of something as it falls?
  • Q11: Show fear over being around strangers?
  • Q12: Become clingy with adults familiar to them?
  • Q13: Have favorite toys?
  • Q14: Use their fingers to point?
  • Q15: Understand “no?”
  • Q16: Make a lot of repetitive sounds such as “mamama” or “bababa”?
  • Q17: Copy sounds and gestures of other people?
BACKBACK7-9 years old child

10-12 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Stand alone with no support?
  • Q3: Walk while holding onto furniture?
  • Q4: Take a few steps without holding onto anything?
  • Q5: Get into a sitting position without any help?
  • Q6: Bang two things together when playing?
  • Q7: Poke with their index finger?
  • Q8: Start to use things like hair brushes or drinking cups correctly?
  • Q9: Find hidden objects easily?
  • Q10: Play peek-a-boo or pat-a-cake?
  • Q11: Become shy or nervous around strangers?
  • Q12: Repeat actions or sounds to get attention?
  • Q13: Puts out an arm or leg to help when getting dressed?
  • Q14: Cry when a parent leaves the room?
  • Q15: Show that they have favorite things or people?
  • Q16: Show fear?
  • Q17: Say things such as “mama,” “dada,” or “uh-oh”?
  • Q18: Try to say the words you say?
  • Q19: Start to use gestures like waving or shaking head “no”?
BACKBACK10-12 years old child

13-18 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Walk by themselves?
  • Q3: Walk up stairs and run?
  • Q4: Pulls toys while walking?
  • Q5: Drink from a cup on their own?
  • Q6: Eat with a spoon on their own?
  • Q7: Can help undress themselves?
  • Q8: Have occasional temper tantrums?
  • Q9: Show affection to familiar people?
  • Q10: Become clingy in new situations?
  • Q11: Explore their environment alone with parents close by?
  • Q12: Say several single words?
  • Q13: Say and shake their head “no”?
  • Q14: Point to show things to other people?
  • Q15: Scribble?
  • Q16: Know what ordinary products such as phones, spoons, and brushes are used for?
  • Q17: Follow 1-step commands such as “sit down” or “stand up”?
  • Q18: Plays with a doll or stuffed animal by pretending to feed them?
BACKBACK13-18 years old child

19-23 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Begin to run?
  • Q3: Kick a ball?
  • Q4: Climb down and onto furniture on their own?
  • Q5: Walk up and down stairs while holding on?
  • Q6: Stand on their tiptoes?
  • Q7: Throw a ball overhand?
  • Q8: Copy others, especially people older than them?
  • Q9: Get excited around other children?
  • Q10: Show more independence as they age?
  • Q11: Do what they were told not to do and become defiant?
  • Q12: Point to things when they are named?
  • Q13: Know names of familiar people or body parts?
  • Q14: Say 2 to 4-word sentences?
  • Q15: Repeat words they hear?
  • Q16: Complete sentences and rhymes in familiar books?
  • Q17: Name items in books such as dogs, cats, birds, etc.?
  • Q18: Play simple pretend games?
  • Q19: Start to use one hand more than the other?
  • Q20: Begin to sort shapes and colors?
  • Q21: Follow 2-step instructions such as “pick up your hat and put it on your head?”
BACKBACK19-23 years old child

24+ MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Run easily?
  • Q3: Climb?
  • Q4: Walk up and down stairs with one foot on each step?
  • Q5: Dress and undress themselves?
  • Q6: Show affection for friends without being told?
  • Q7: Take turns when playing games?
  • Q8: Show concern when others are crying?
  • Q9: Understand the idea of “mine,” “his,” or “hers”?
  • Q10: Show many different emotions?
  • Q11: Copy adults and friends?
  • Q12: Separate easily from their parents?
  • Q13: Get upset when there is a major change in their routine?
  • Q14: Say words such as “I,” “me,” “we,” “you,” and some plural nouns?
  • Q15: Say their first name, age, and gender?
  • Q16: Carry on a conversation with 2 to 3 sentences?
  • Q17: Work toys with buttons and other moving parts?
  • Q18: Play pretend with dolls, animals, or people?
  • Q19: Finish 3 or 4 piece puzzles?
  • Q20: Copy a circle when drawing?
  • Q21: Turn pages of a book one page at a time?
  • Q22: Turn door handles?
BACKBACK24 months + old child

What Types of Cases Do Birth Injury Attorneys Take?

Birth injury attorneys handle cases in which a child suffered an injury due to careless and preventable mistakes during childbirth. These attorneys work with an array of families that have been affected by various types of injuries, some of which are detailed below.

Cerebral Palsy

Cerebral palsy is a lifelong condition that occurs due to brain damage. It can lead to developmental and/or physical handicaps depending on the part of the brain that was injured.

Doctors can often prevent many of the complications that lead to cerebral palsy. For example, they can make sure a baby doesn’t suffer from asphyxiation, as a lack of oxygen can harm the brain and lead to cerebral palsy.

Erb’s Palsy

cbi babyErb’s palsy, or brachial plexus palsy, is a type of nerve damage that can affect the shoulders, arms, and/or hands. Children with Erb’s palsy experience numbness, weakness, or paralysis of different parts of the body. Although Erb’s palsy is often treatable, some children may never recover completely from the condition.

Medical professionals who exert excessive force during the delivery process may cause a newborn to develop Erb’s palsy. For example, if a baby is stuck in the birth canal, the doctor may use a vacuum extractor or forceps incorrectly and damage the baby’s nerves.

Spinal Cord Injuries

The spinal cord allows signals from the brain to travel to other parts of the body. If nerves in the spine are damaged or torn, numbness and/or paralysis may occur.

Without proper care, doctors can cause a spinal cord injury if they pull too hard on a baby’s neck or head. Some doctors may also fail to diagnose and treat conditions that cause spinal cord injuries, such as spina bifida.

Brain Damage

Babies are at risk of brain damage if they suffer from oxygen deprivation during birth, experience head trauma, or if an infection is passed to them from their mother while in the womb.

Some brain injuries are relatively mild, but others lead to permanent disabilities like cerebral palsy.

Other Injuries

Experienced birth injury lawyers can handle cases relating to many other preventable birth injuries.

Other potential birth injuries include:

  • Caput succedaneum
  • Cervical dystonia
  • C-section injuries
  • Infant torticollis
  • Intrauterine fetal demise
  • Kernicterus
  • Klumpke’s palsy
  • Maternal infections
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma
  • Newborn jaundice
  • Vacuum extraction injuries
If you believe that your child’s injury was a result of negligent care, talk to one of our registered nurses to learn more about next steps.
Nurse Beth Carter

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.

Birth Injuries and Medical Malpractice

Many birth injuries are preventable, meaning they are often caused by medical negligence. Doctors and other medical professionals have a duty to give their patients a high standard of care. Failure to provide adequate care can be considered medical negligence or malpractice.

Examples of birth injury medical errors may include:

  • Failing to diagnose an infection in the mother or baby
  • Failing to monitor the mother and baby before, during, and after birth
  • Improperly administering medications
  • Improperly using forceps or vacuum extractors during delivery
  • Using excessive force to deliver a baby, causing physical harm

Families affected by injuries stemming from medical negligence can face years of financial and emotional hardship. Birth injury attorneys believe the medical team that delivered your child should be held responsible for their careless mistakes.

What Can I Expect While Working With a Birth Injury Lawyer?

Your birth injury lawyer will work hard on your behalf to prove your case and get the greatest amount of money possible in the least amount of time.

Although every case is different, most birth injury lawsuits follow these steps:

  1. Contact and Investigation Once you contact a lawyer for a free case review, the lawyer will conduct an investigation into the facts presented to see if you have a valid claim.
  2. Filing If the attorney decides to accept the case, a lawsuit is then filed against the defendant (generally the medical professional who delivered your baby).
  3. Discovery Your attorney, as well as the defendant’s attorney, will collect evidence and information to try and prove their side of the case.
  4. Mediation With the help of a third-party mediator, such as a judge, each party will present their evidence in an attempt to come to a fair resolution and avoid a trial.
  5. Settlement If your attorney proves your child’s injury was preventable, the defendant is likely to make a birth injury settlement offer to avoid going to trial.
  6. Trial If a case cannot be settled outside of court, it will go to trial where both parties will argue their side to a judge. Sometimes, a settlement is reached during the trial process, however, if this does not happen, a jury or judge will decide who wins the case.

How Long Will an Attorney Work On My Case?

A birth injury attorney will work with you for the entirety of your case. The length of time it takes for a birth injury lawsuit to reach a resolution varies. Some cases may take a few months to reach a settlement, whereas other cases may last for several years.

Many birth injury lawyers recommend settling out of court to help their clients receive financial compensation faster than they would during a trial. The trial process adds more time to your lawsuit and may not result in compensation if the judge rules in the defendant’s favor.

What to Look for When Choosing an Attorney

woman looks at laptopIt is very important to find a birth injury attorney who has successfully helped other clients receive compensation for their child’s preventable injuries. Do not feel obligated to work with the first lawyer you consult. You should choose an attorney that you trust and feel comfortable with.

Be sure to research and take your time finding a lawyer with experience and resources — it will greatly increase your chances of winning compensation to pay for your child’s birth injury treatment. Below, learn more about what to consider before hiring a lawyer.

Experience

Work with a lawyer who has handled other birth injury cases similar to yours. If you work with a lawyer who does not have prior experience in birth injury claims, they may not know how to effectively prove your case.

National Reach

Attorneys that work at national birth injury law firms can help you file your claim in the best state for your specific case, as the best state for you to file may not be the one in which you live. National birth injury law firms will work to maximize your potential compensation and cater to your case’s needs.

No Upfront Fees

Reputable birth injury lawyers will evaluate your case at no cost to you and will not charge any upfront fees. Most birth injury attorneys will only get paid if you win your case and are awarded compensation.

Resources

Top birth injury attorneys have access to comprehensive medical databases that contain evidence to help defend your claim.

National law firms also often have on-staff medical experts, including nurse case managers and other medical professionals, who can use their extensive knowledge and resources to help prove your child’s birth injury was preventable.

Find a Birth Injury Attorney Near You

If your child has suffered from a preventable birth injury caused by medical malpractice, you may want to consider seeking help from a skilled birth injury attorney. There are experienced attorneys around the country standing by to help you pursue justice as soon as possible.

Nurse Beth Carter

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.

Birth Injury Attorney FAQ

When should I contact a birth injury lawyer?

Skilled birth injury lawyers can investigate your case and file your claim in a timely manner within your state’s statute of limitations. This law places a time limit on how long you have to take legal action. A birth injury attorney is able to ensure your claim is filed within the deadline.

If you are considering filing a lawsuit, you should contact a birth injury lawyer as soon as possible to determine whether the statute of limitations for your case may have passed.

How much do birth injury lawyers cost?

Personal injury lawyers generally do not require any upfront costs or fees and work on a contingency basis. You will only have to pay your birth injury attorney if you win your lawsuit and are awarded financial compensation.

How much does my lawyer get from my settlement?

Your birth injury lawyer will generally take a small percentage of your earnings from your settlement or trial verdict. Before you let them handle your case, ask your lawyer how much they will get from your awarded compensation and if they take a fee even if your case is not successful.

How much compensation may I receive?

Since every case is different, the amount of compensation you may receive from your lawsuit can vary. Experienced birth injury lawyers are able to calculate the future costs of care for your child, which influences your case value. Your attorney will fight for the highest amount to be awarded in your settlement or trial verdict.

How do I know my child’s birth injury was caused by malpractice or negligence?

It can be very difficult to pinpoint the exact cause of your child’s birth injury. An experienced birth injury attorney can investigate your case and collect evidence like medical records to see if your health care provider may have been responsible for your child’s injury.

Birth Injury Support Team

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 5 Sources
  1. Boeschen, C. (2011, October 10). Birth-Related medical malpractice. Retrieved March 12, 2021, from https://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  2. Kathleen Michon, A. (2013, November 26). Medical malpractice: Common errors by doctors and hospitals. Retrieved March 12, 2021, from https://www.nolo.com/legal-encyclopedia/medical-malpractice-common-errors-doctors-hospitals-32289.html
  3. Schaffer, A., Jena, A., Seabury, S., Singh, H., Chalasani, V., & Kachalia, A. (2017, May 1). Rates and characteristics of PAID malpractice claims among US physicians by SPECIALTY, 1992-2014. Retrieved March 12, 2021, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5470361/
  4. Withers, S. (2018, September 25). Medical malpractice lawsuits and the statute of limitations. Retrieved March 12, 2021, from https://www.nolo.com/legal-encyclopedia/medical-malpractice-lawsuits-the-statute-limitations.html
  5. Withers, S. (2018, September 25). What is required to file a medical malpractice lawsuit? Retrieved March 12, 2021, from https://www.nolo.com/legal-encyclopedia/what-required-file-medical-malpractice-lawsuit.html
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