Birth Injury Lawyer

Quick Answer

Injuries during childbirth can lead to conditions such as cerebral palsy, hypoxic-ischemic encephalopathy (HIE), Erb's palsy, and more. In some cases, birth injuries result from medical negligence, and you may be able to take legal action against those responsible. A birth injuries lawyer can help your family seek justice and compensation to pay for your child’s care.

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What Is a Birth Injury Lawyer?

A birth injury lawyer assists families in pursuing justice through personal injury lawsuits for harm caused by medical negligence during childbirth.

Children living with a birth injury may require expensive medical treatment for months, years, or even their entire lives.

Birth injury lawyers fight for maximum compensation to lessen any financial burdens placed on your family.

Birth Injury Lawyer Video Thumbnail

Learn how a birth injury lawyer can help your family seek justice and secure the financial support you need to provide a brighter future for your child.

Duration: 1 min 17 sec

Are you a parent of a child who has suffered a birth injury? The Birth Injury Justice Center understands how devastating and life-altering birth injuries can be. But there is hope.

It’s important to know that you have the right to take legal action against those responsible for your child’s birth injury. Seeking justice is not only about holding these medical professionals accountable but also about securing a better future for your child.

By working with a dedicated birth injury lawyer, you can pursue the compensation your child deserves. This compensation can help cover the costs of ongoing treatments, therapies, and medical care necessary for your child’s well-being and development.

The negligent doctors who failed in their duty of care should be held accountable. They need to understand the consequences of their actions and the impact it has had on your family. Taking legal action can ensure that no other child suffers a similar fate.

Your child deserves the best possible care, support, and opportunities. By pursuing legal action, you are taking a crucial step toward securing their future and giving them the chance to thrive.

The Birth Injury Justice Center can connect you with a birth injury lawyer who specializes in these cases. Don’t wait another day. Your child’s well-being is worth fighting for.

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 quit your job or reduce your hours to care for your child
  • Other personal and medical expenses

Working with an attorney specializing in birth injury claims may increase your chances of winning your case.

The birth injury lawyers in our network have helped recover over $862 million for families across the country. Find out if they can help your family.

Get a free and confidential 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

Birth Injuries and Medical Malpractice

Many birth injuries are preventable, meaning they are often caused by medical malpractice. Doctors, midwives, nurses, and other medical professionals have a duty to uphold the standard of care. Failure to do so 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 the baby, causing physical harm

Families affected by injuries stemming from medical negligence often face years of financial and emotional hardship. Working with birth injury attorneys can help ensure the medical team that delivered your child is held responsible for their careless mistakes.

Birth Injury Settlements and Verdicts

Birth injury settlements and verdicts are payouts made on behalf of negligent health care providers for harm caused during childbirth.

The money is meant to help families afford necessary medical care and move forward with their lives. Payout amounts vary based on the severity of the injury, future care needs, impact on the family’s quality of life, and more.

Here are some birth injury settlements and verdicts our partner law firms have secured:
  • $10.4 million+ in Pennsylvania for a child with cerebral palsy
  • $8 million in New York for a child who suffered a vacuum extractor injury
  • $7.8 million in Florida for a child who developed cerebral palsy from a birth injury
  • $6 million in California for a family of a child with cerebral palsy
  • $5.1 million in Texas for a child who experienced birth asphyxia
  • $5 million in Massachusetts for a child who suffered brain damage during delivery
  • $4.5 million in Illinois for a child with Erb’s palsy
  • $2 million+ in North Carolina for a child with a brachial plexus injury

If you suspect your child may have suffered harm due to a medical error during childbirth, your family may be eligible for compensation.

Call (800) 914-1562 or Click to Live Chat with our caring patient advocates right now to learn more.

How Can a Birth Injuries Lawyer Help Me?

A top birth injury lawyer can provide legal expertise, secure compensation for medical expenses, and hold negligent health care professionals accountable for preventable birth injuries.

Here is how a birth injuries lawyer may be able to help your family:

  1. Provide a free consultation: They offer a free case review to assess the validity of your birth injury claim.
  2. Investigate the birth injury: Your lawyer examines the circumstances surrounding your child’s birth to determine if their condition resulted from medical negligence.
  3. Collect evidence: Birth injury attorneys gather medical records and bills, expert opinions, and other relevant evidence to build a strong case.
  4. File the lawsuit: They manage all aspects of the legal process, ensuring accurate and timely filing of your birth injury lawsuit.
  5. Negotiate on your behalf: Birth injury attorneys work to secure the highest possible settlement without the need for a trial.
  6. Represent you in court: If a fair settlement cannot be reached, they are prepared to fight for your family at trial.

Birth injuries may not be immediately apparent to families, only becoming noticeable when their child misses developmental milestones later in life.

You don’t need a formal diagnosis to seek legal advice from a birth injury lawyer. The Birth Injury Justice Center has labor and delivery nurses on staff who can talk with you to understand what may have happened and whether you should seek help from an experienced birth injury lawyer.

Connect with one of our registered nurses now.

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.

What Types of Cases Do Birth Injury Lawyers Take?

Birth injury attorneys handle cases for families of children who were harmed due to preventable mistakes during childbirth. These attorneys work with families affected by various types of injuries.

Learn more about the types of cases birth injury lawyers take below.

Cerebral Palsy

Two young children with cerebral palsy laughing and playing with colorful blocks at a table.

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

Many complications leading to cerebral palsy can be prevented by doctors. For instance, ensuring a baby doesn’t experience asphyxiation (lack of oxygen) is crucial, as this can damage the brain and result in cerebral palsy.

Hypoxic-Ischemic Encephalopathy

Newborn hypoxic-ischemic encephalopathy (HIE) is a serious condition where a newborn’s brain doesn’t receive enough oxygen or blood. HIE can lead to potential brain damage and lasting neurological disorders such as cerebral palsy.

Medical malpractice may play a role in HIE if health care providers do not properly monitor or respond to distress signs in the baby and mother during labor. This could include delaying a cesarean section (C-section) or neglecting maternal health issues that could lead to HIE.

Erb’s Palsy

cbi baby

Erb’s palsy, or brachial plexus palsy, is a type of nerve damage that can affect the shoulders, arms, and/or hands. 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.

Brain Damage

Babies are at risk of newborn 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.

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.

Doctors can cause a spinal cord injury if they pull too hard on a baby’s neck or head. They can also cause harm by failing to diagnose and treat conditions that lead to spinal cord injuries, such as spina bifida.

Other Injuries

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

If you suspect your child’s injury was the result of negligent care, a birth injuries lawyer may be able to help you get the compensation your family deserves.

Get a free 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

When Should I Hire a Birth Injuries Lawyer?

You should consider hiring a birth injury lawyer as soon as you suspect your child’s condition might be due to a medical error.

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 take legal action.

Each state has its own statute of limitations. Therefore, it is essential to consult a lawyer who understands the laws in your area. A skilled birth injuries lawyer can advise you on the best time to file your lawsuit.

An experienced birth injury lawyer 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.

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

Your birth injury lawyer will work hard to prove your case and fight to get the largest amount of compensation possible in the least amount of time.

Although every case is different, most birth injury lawsuits follow the steps below.

Step 1: Investigation

Once you begin working with a birth injury lawyer, their team will investigate your case to see if you have a valid claim. Get started right now with a free case review.

Step 2: Filing

If you have a case, the birth injury attorney will file a lawsuit against the defendant(s) (typically the medical professional and/or hospital who delivered your baby).

Step 3: Discovery

Your birth injuries lawyer, as well as the defendant’s attorney, will collect evidence and information to try to prove their side of the case.

Step 4: Mediation

Sometimes, the case involves a third-party mediator, such as a judge. During this step, each party will present their evidence in an attempt to come to a fair resolution and avoid a trial.

Step 5: Settlement

If your attorney successfully argues that your child’s injury was preventable, the defendant is likely to make a settlement offer to avoid going to trial.

Step 6: Trial

If a case cannot be settled outside of court, it will go to trial, where both parties will argue their side. 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 a Birth Injury Lawyer Take to Resolve My Case?

Close-up of a wooden gavel with a birth injury lawyer working on a laptop in the background.

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 others may last 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 jury or judge rules in the defendant’s favor.

How to Find the Best Birth Injury Lawyer

A woman working on a laptop with a puzzled expression.

It 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 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.

Track Record in Successful Birth Injury Payouts

Your attorney should have a proven track record in successful birth injury claims. Birth injury lawyers with a history of securing large settlements and verdicts are more likely to get you the compensation your family deserves.

The Birth Injury Justice Center partners with birth injury attorneys who have recovered over $862 million for families of children who were harmed at birth. Additionally, our extensive network of top birth injury lawyers can help families in all 50 states.

No Upfront Fees

Reputable birth injury lawyers work on a contingency fee arrangement. This means they will evaluate your case at no cost to you and will not charge any upfront fees.
Most birth injury attorneys only receive payment if you win your case and receive compensation.

Registered Nurses on Staff

The birth injury lawyers in our network have labor and delivery nurses on staff with decades of combined expertise. They are available to listen to what happened and answer any questions you may have. Talking in confidence with a compassionate and skilled nurse can help you understand what could have gone wrong to cause harm to your child.

Connect with a labor and delivery nurse right now.

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.


Top birth injury lawyers often work at reputable birth injury law firms with access to comprehensive medical databases that contain information to help prove your claim.

Additionally, a birth injury law firm with a solid reputation will likely have on-staff medical experts. For example, nurse case managers and other medical professionals can use their extensive knowledge and resources to help prove your child’s birth injury was preventable.

Find a Birth Injury Attorney Near You

Birth injury lawyers with the right experience can smoothly guide you through the legal process, easing much of the stress for your family. They work hard to protect your rights and fight for the compensation your family deserves.

The Birth Injury Justice Center partners with some of the best birth injury law firms across the nation. Together, they have helped families recover over $862 million for birth injuries that should have been avoided.

Contact us now at (800) 914-1562 or fill out our case review form to see if we can help you provide a more secure future for your child.

Birth Injury Lawyer FAQs

What is considered a birth injury?

A birth injury refers to any harm or trauma to a baby occurring during pregnancy, labor, or delivery. These injuries can range from mild, such as minor bruising, to severe, impacting long-term health.

How much compensation do you get for birth trauma?

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

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

An experienced birth injuries lawyer can assess the specifics of your case to provide an estimate. If you qualify, we can connect you right now — call our team at (800) 914-1562.

When should I contact a birth injury lawyer?

You should contact a birth injuries lawyer as soon as you suspect your child may have been harmed during childbirth. Even if your child has not yet received a formal diagnosis, a skilled birth injury lawyer may be able to help get to the bottom of what happened.

An experienced birth injury lawyer can investigate your case and file your claim promptly 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 can ensure your claim is filed within the deadline.

How much do birth injury lawyers cost?

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

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.

How do I find a birth injury lawyer near me?

The Birth Injury Justice Center partners with top birth injury lawyers across the country. The lawyers in our network are carefully screened and will fight to get the compensation your family deserves.

If you qualify, we can connect you with an experienced birth injury lawyer near you. Get a free case review right now to find out if your family is eligible.

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 Sources
  1. Centers for Disease Control and Prevention. (2023, June 28). What are birth defects? Retrieved February 9, 2024, from
  2. Centers for Disease Control and Prevention. (2023, October 6). What is cerebral palsy? Retrieved February 9, 2024, from
  3. Dumpa, V., & Kamity, R. (2022, August 29). Birth trauma. Retrieved February 9, 2024, from
  4. Schaffer, A.C., et al. (2017, May 1). Rates and characteristics of paid malpractice claims among US physicians by specialty, 1992-2014. Retrieved February 9, 2024, from
  5. Stanford Children’s Health. (n.d.). Birth injury. Retrieved February 9, 2024, from
  6. Stavis, R. L. (2024, January). Birth injuries in newborns – Children’s health issues. Retrieved February 9, 2024, from
  7. University of California, San Francisco Benioff Children’s Hospital. (n.d.). Neonatal hypoxic ischemic encephalopathy. Retrieved February 9, 2024, from
  8. Young, A. (2019, May 7). Mothers dying needlessly: CDC says most pregnancy-related deaths can be prevented. Retrieved February 9, 2024, from