Legal Questions

What is a Birth Injury Claim?

A birth injury claim can provide financial compensation to help pay for medical care and possibly prevent a similar injury from happening to another child. The settlement amount of a birth injury claim varies widely and can be discussed with an attorney.

Filing For a Birth Injury Claim

The process of filing a birth injury claim begins with your first phone call. When you call us for a birth injury claim consultation, you can talk with a nurse case manager.

During the call, you will discuss the medical care and treatment that the mother and child received. The nurse case manager will gather the information necessary for our legal team to conduct a review of your potential claim.

The phone calls and legal representation are free to you. We work for your best interest and will only get money if you win your case.

What is a Birth Injury Lawyer?

If your child has been diagnosed with cerebral palsy, Erb’s palsy or any other birth injury, a birth injury lawyer can be a powerful partner. Birth injury lawyers can help you and your child get answers and financial compensation through a birth injury lawsuit.

A birth injury lawyer understands the unique challenges facing individuals and families affected by injuries caused by medical negligence.

If your child’s birth injury was caused by improper medical care, an experienced birth injury lawyer may be able to help you get compensation to help pay for your child’s care, as well as prevent a similar injury from happening to another child.

Choosing a Birth Injury Lawyer

In the field of birth injury law, experience counts. We has over three decades of experience representing families who have suffered from the devastating effects of cerebral palsy and other birth injuries.

Pursuing a birth injury lawsuit may seem overwhelming. A birth injury lawyer from our legal partners and co-counsel can become a trusted partner to help you navigate through the legal system.

What are Torts?

“Torts” are civil wrongs recognized by law as grounds for a lawsuit. Tort law deals with the rights, obligations and remedies applied by courts to provide relief for persons who have suffered harm from the wrongful acts of others.

Birth injury torts are claims comprised of various disabilities resulting from injury to a newborn immediately before, during or shortly after birth. These injuries can caused by the negligence or improper care of another, usually a professional medical provider.

Approximately 28,000 babies born in the United States suffer from birth injuries each year. Sadly, many birth injuries are preventable.

Common conditions involved in birth injury torts include:

  • Cerebral palsy
  • Erb’s palsy or brachial plexus palsy
  • Fractures
  • Facial paralysis
  • Bruising and forceps marks
  • Other birth traumas

Some conditions involved in birth injury torts resolve by themselves. Others, like cerebral palsy, do not and result in a lifetime disability.

Responsible Reasons To Consider Legal Action for Birth Injury Torts

While you cannot change the devastating diagnosis of a new baby with cerebral palsy, you can consider a birth injury tort lawsuit. Cerebral palsy and other birth injuries may come with a lifetime of medical costs. Birth injury torts allow you to help pay for your child’s expenses.

This is the essential purpose of a birth injury tort lawsuit, but an equally important reason to consider legal action is to help prevent the conditions involved in birth injury torts from happening to other families wherever possible.

We believe that a strong response to birth injury torts may cut into the unacceptable statistics of preventable birth injuries.

What is a Birth Injury Trial?

Birth injuries often mean lengthy periods of rehabilitation, surgery or possibly a lifetime of disability. While you can’t change the devastating diagnosis of a child with cerebral palsy, Erb’s palsy or other disabilities, a lifetime of medical expenses may force you to consider a malpractice lawsuit with a resulting birth injury trial.

We have nearly 40 years of experience representing families in birth injury trials. When you call us, you will speak with our nurse case managers whose education, clinical backgrounds and experience allow them to answer many birth injury trial questions.

Our Birth Injury Trial Teams practice nationwide. Wherever you live, we are the local law firm to go to for medical malpractice and birth injury trial questions.

How Do I Call a Lawyer?

Has your child been diagnosed with a birth injury? If you suspect that medical negligence was involved, call a lawyer today.

Sometimes parents of a birth injured child worry that when they call a lawyer, they will get their doctor into trouble or that they will be locked into a complex legal process right away.

While such concerns are understandable, it is your right to call a lawyer to find out what your legal options are.

When you call a lawyer to begin the discovery process of a potential birth injury lawsuit, you are taking a very important first step in standing up for your child’s rights. You can also possibly gain monetary compensation to help pay for medical bills.

Caring for a special needs child can be very expensive. Financial compensation in the form of a birth injury lawsuit can help pay for that care and possibly prevent a similar child from being harmed as the result of medical negligence.

What to Expect When You Call a Lawyer

When you call us, it will not be the “official” start of a birth injury lawsuit.

The nurse case manager will listen to your story, gather all the relevant details of your pregnancy and delivery, as well as the care that your child received shortly after birth. That information is then passed on to our legal team for further review.

When you call Birth Injury Justice Center, you pay nothing for the evaluation or for the legal representation in the birth injury lawsuit process.

How Do I File a Lawsuit?

When you file a lawsuit for a birth injury, it will generally be brought against the medical provider or providers whose medical negligence or improper care may have led to your child’s birth injury.

A provider can be an individual such as a doctor or nurse, or a company such as a hospital who gave substandard care to the mother or child any time prenatally, during labor or delivery or shortly after birth. It is also possible to file a lawsuit against drug companies and other providers.

By reaching out through a phone call, you can learn if you have a legal standing to file a suit and proceed from there.

Which Law Firms Have Experience?

When considering a birth injury lawsuit, finding a law firm with experience is crucial.

When your child has a birth injury that may have been caused by medical negligence, you need answers to your questions. We know that at the beginning, the very idea of pursuing a birth injury lawsuit may seem overwhelming. A law firm with experience can be there for you every step of the way.

Our Birth Injury Law Firm experience covers:

  • Cerebral palsy
  • Erb’s palsy, also known as brachial plexus palsy
  • Other birth injuries
  • How medical negligence could have caused the injury
  • How to file a birth injury lawsuit or claim
  • Whom to file a lawsuit against
  • How long you have to start legal action after your child’s birth

How Much Does a Lawsuit Cost?

If you are considering a birth injury lawsuit, one of your first concerns may be about lawsuit costs. Some law firms require large retainers to cover initial and continuing lawsuit costs.

There are no lawsuit costs to you. Your consultation is free. If you choose to proceed with a lawsuit, our legal partners only collect money if you do.

We do not charge for upfront lawsuit costs because we believe that legal action resulting in a birth injury settlement is vital to help families that have suffered a birth injury and to combat the unacceptable statistics of preventable birth injuries.

What are Settlements?

A settlement will depend on many factors, including the degree of the birth injury, whether it involves a lifelong disability and many other circumstances. Of great importance is the experience of the law firm representing you in a birth injury lawsuit and settlement.

Recent birth injury lawsuit settlements have included:

  • In 2005, a jury awarded $23.8 million to the family of a girl born with cerebral palsy after a traumatic delivery at a Massachusetts hospital.
  • In April 2012, a jury awarded a San Luis Obispo couple $74 million, finding the attending physician negligent in the delivery of their baby girl who developed cerebral palsy.
  • In June 2012, A Baltimore City Circuit Court jury awarded the family of a severely brain damaged 2-year-old boy $55 million in a lawsuit that alleged the hospital violated its standards by waiting too long to give the boy’s mother an emergency caesarean section.

Responsible Reasons to Seek a Birth Injury Lawsuit Settlement

While you cannot change the devastating diagnosis of a child with cerebral palsy, you can and should consider a birth injury lawsuit settlement. Cerebral palsy may come with a lifetime of medical costs. A birth injury lawsuit settlement allows you to cover some, if not all, of these costs.

This is the essential purpose of a birth injury lawsuit settlement, but an equally important reason is to respond to medical malpractice in a way that helps to prevent such injuries from happening to other families. A birth injury lawsuit settlement will cut into the unacceptable statistics of preventable birth injuries.

How Long Does a Lawsuit Take?

If you are thinking about a birth injury lawsuit, you will likely have many time-sensitive questions:

  • Will it keep me from work?
  • Will I have to travel?
  • Will a lawsuit take over my life?
  • Will it be a terrible experience or a satisfying one?
  • How long will the whole process take?

These considerations will depend largely on the law firm representing you.

Another law firm, however sympathetic they might be, may not be the best choice. Most deal with general practice areas and may not have the staff and resources to handle a birth injury lawsuit.

Lawsuit Time is a Factor of Experience

We can tell you more about lawsuit time investments. We have nearly 40 years of experience nationwide representing families in birth injury lawsuits resulting from medical negligence or malpractice.

Our team of registered nurses and dedicated full time birth injury lawsuit attorneys will ensure a minimum of lawsuit time expenditure on your part and maximum effort and efficiency at reaching a desired conclusion.

Lawsuit Time Depends on You

Following the heartache and confusion of dealing with a birth injury, most parents find it a comfort and relief for their lawsuit to be managed by a team of dedicated professionals. The time you will spend dealing with the suit can depend on the degree to which want to be involved.

Many people find a birth injury lawsuit a beneficial process in which they are heard, understood and see their best interests expertly addressed. Others want less involvement. Lawsuit time can be a matter of deciding what best suits you. We will accommodate your needs either way.

If your family has suffered from medical negligence and you are wondering what lawsuit time involves, call us today for a free consultation.

Where Can I Find a Local Law Firm?

If you suspect that your child was harmed as a result of medical negligence, you may be looking for a local law firm to help you get the compensation you need for medical bills and other expenses.

We has the benefits of nationwide reach with the convenience of a local law firm. This is because we have a network of local law firms nationwide available to help you obtain financial compensation for your child’s medical treatments and other expenses.

Personal Injury Lawsuit Questions

The question “how long does a personal injury lawsuit take?” is a crucial one. You should expect an experienced personal injury law firm to answer all your concerns with a high degree of certainty.

The list of other concerns can seem endless:

  • When and how much will I be awarded?
  • Will it keep me from work?
  • Will I have to travel?
  • Will my child have to attend a trial?
  • Will the doctor I like get into trouble?

We can help you get answers to your questions.

How Can I Speak to a Lawyer?

If you are thinking about a birth injury lawsuit, call us today.

When you call Birth Injury Justice Center, you can speak to a lawyer dedicated to birth injury law. Our attorneys are part of a team that includes registered nurses, whose education, clinical backgrounds and experience allow them to serve as knowledgeable resources to discuss your child’s delivery and ask related birth injury lawsuit questions.

Our birth injury teams practice nationwide. Wherever you live, we are the law firm to go to for medical malpractice and birth injury lawsuit questions.

We will not require you to travel to speak to a lawyer in person. Generally, our legal team will come to you if travel is required.

Get Help When You Need It Most

Following the heartache and burden of dealing with a birth injury, most parents find it a relief to speak to a lawyer who will handle the details and organization of a birth injury lawsuit along with a team of dedicated professionals who know exactly what to do.

You may speak to one of our legal partners as often or as little as you need to. Many people find a birth injury lawsuit to be a beneficial process. Others want less involvement depending on their circumstances or personal needs. The time you require to speak to a lawyer can be a matter of deciding what best suits you. We will accommodate your needs either way.

If your family has suffered as the result of medical negligence or improper medical care, call us to find out your options now.

Author:Birth Injury Justice Center
Birth Injury Justice Center

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.

Last modified: December 6, 2018

Call 800-914-1562

Birth injuries are instances of physical harm during childbirth directly caused by medical errors. There are many types of birth injuries, ranging from mild to severe. Birth injuries—may cause irreversible damage. Birth injuries are instances of physical harm during childbirth directly caused by medical errors.

Protect your child’s future after a birth injury.

Complete the form below to receive a free case review from a legal partner.