Idaho Birth Injury Lawyer

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

Children injured at birth may require expensive, long-term treatments such as surgery, medication, and different types of therapy. Compensation from a birth injury lawsuit can help families cover these costs. Find out if you can work with a skilled Idaho birth injury lawyer to take legal action and pursue financial compensation.

Get a Free Case Review

Working With a Birth Injury Lawyer in Idaho

Idaho birth injury lawyers are personal injury attorneys who help families impacted by preventable injuries during childbirth.

When obstetricians, midwives, nurses, and other health care providers make mistakes, babies can suffer severe and lifelong harm.

A skilled attorney can help the child’s family seek financial compensation that can be used to provide top-quality care.

Our legal partners have helped clients in Idaho and other states recover over $962 million for preventable birth injuries.

Our partner Idaho birth injury law firms can represent families in:

  • Boise
  • Caldwell
  • Coeur d’Alene
  • Eagle
  • Idaho Falls
  • Lewiston
  • Meridian
  • Moscow
  • Nampa
  • Pocatello
  • Post Falls
  • Rexburg
  • Twin Falls
  • Other Idaho cities and towns

If you believe your child suffered a preventable birth injury, you probably have questions. Our registered nurses are here to help.

Talk with one of our labor and delivery nurses now in confidence.

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.

About Medical Negligence in Birth Injury Cases

Birth injuries are often caused by avoidable mistakes made during the birth process.

Delivery teams are required to uphold the standard of care, meaning the standard that medical professionals with similar training and experience would follow in similar situations.

When health care providers ignore the standard of care, it could mean birth injury medical malpractice is involved.

Examples of medical negligence that can cause birth injuries include:

  • Failing to prevent or treat hypoxia (lack of oxygen)
  • Ignoring signs of fetal distress
  • Improperly using of assistive delivery tools
  • Neglecting to perform a medically necessary C-section (cesarean section)
  • Not detecting and treating newborn jaundice (high bilirubin levels in the blood that can potentially lead to brain damage)
  • Twisting or pulling too hard on the baby during labor and delivery

An experienced birth injury attorney can help determine whether your baby’s injuries were caused by medical negligence.

Types of Cases Idaho Birth Injury Attorneys Handle

Idaho birth injury attorneys assist families of children impacted by medical malpractice, which can occur in numerous ways. The best birth injury attorneys can handle a range of case types.

Idaho birth injury lawyers handle cases such as:

If your child has suffered any of these injuries due to inadequate medical care, you may be able to file a lawsuit.

Call the Birth Injury Justice Center at (800) 914-1562 right now to find out if we can connect you with a top Idaho birth injury attorney.

Birth Injury Settlements and Verdicts

Most birth injury cases are resolved through out-of-court settlements. A birth injury settlement occurs when families agree to end the lawsuit in exchange for a specific amount of compensation.

Settlement amounts vary depending on several factors, such as the severity of the injury, the type of birth injury, whether the injury will affect the child for the rest of their life, and estimated medical costs.

If the parties can’t reach a settlement, the case may go to trial before a judge or jury.

Most families prefer settling because it typically gives them quicker access to compensation, and trials are risky. If the family with the injured child loses, they will not receive anything.

An Idaho family received a $7.2 million settlement for their child with irreversible brain damage and cerebral palsy due to failure to detect signs of fetal distress.

If your child was harmed, an Idaho birth injury lawyer may be able to help you pursue a birth injury settlement.

Get a free consultation now to get started.

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 to File a Birth Injury Lawsuit in Idaho

The statute of limitations (deadline) for birth injury cases in Idaho is 2 years from the date of injury or the baby’s death.


  • 2 Years

    ID Statute of Limitations for Birth Injuries


  • 2 Years

    ID Statute of Limitations for Infant Wrongful Death

Connect with an Idaho birth injury lawyer as soon as possible so you don’t miss your chance to file a lawsuit and obtain compensation.

Why Hire an Idaho Birth Injury Lawyer?

An Idaho birth injury lawyer can help you navigate the state’s complex birth injury laws. This allows you to focus on caring for your child.

Here are the most important ways an Idaho birth injury lawyer can help:

  1. Determine your eligibility: A skilled attorney can evaluate your case to determine whether you have grounds for a lawsuit. Take the first step right now with a free case review.
  2. Gather evidence: Your lawyer can gather evidence to support your case, such as medical records, bills, and eyewitness testimony.
  3. File your case: After collecting evidence, your lawyer can file your lawsuit according to Idaho law.
  4. Negotiate a settlement: Your lawyer will negotiate with the negligent medical providers’ lawyers for maximum compensation.
  5. Take your case to court: If a settlement agreement cannot be reached, your Idaho birth injury lawyer can fight for your family in court.

What to Look for in an Idaho Birth Injury Lawyer

Having a good attorney-client relationship is vital to a successful case.

The best Idaho birth injury lawyer should have the following qualities:

  • Experienced: Your attorney should have a proven track record of successfully handling birth injury cases. Experienced lawyers have the confidence and resources to secure large settlements and trial verdicts.
  • Knowledgeable: Your birth injury lawyer should have specialized knowledge of Idaho birth injury cases. Birth injury cases are complex. Personal injury attorneys who specialize in other areas of the law often lack the skill required for birth injury cases.
  • Work on a contingency fee basis: Your lawyer should work on a contingency fee basis. This means you don’t have to pay any upfront or hourly fees. Instead, your lawyer will take a percentage of any compensation they recover for you at the end of the case.

Get Help From an Idaho Birth Injury Lawyer

If a doctor, obstetrician, or other health care provider failed to uphold the duty to deliver your child safely, your family shouldn’t bear the financial burden.

An experienced Idaho birth injury lawyer can help you pursue maximum compensation for treatment costs while holding negligent medical professionals accountable for their mistakes. They can handle each step of the legal process, allowing you to focus on caring for your child.

Get a free case review right now to find out if your family can file a birth injury lawsuit in Idaho.

Idaho Birth Injury Lawyer FAQs

What is the statute of limitations on birth injury claims in Idaho?

The statute of limitations (or deadline) to file a birth injury lawsuit in Idaho is 2 years from the date of injury or the baby’s death.

If you believe your child suffered a preventable injury because of medical malpractice, don’t wait to speak with an Idaho birth injury lawyer.

Call the Birth Injury Justice Center today at (800) 914-1562 to get started.

What is the average birth injury payout in Idaho?

The average birth injury payout is $1 million. However, payouts vary depending on factors such as location, your child’s medical expenses, and the type and severity of the injury.

Working with an experienced Idaho birth injury lawyer is the best way to find out what your case may be worth. See if we can connect you right now with a free case review.

Can you sue a hospital in Idaho after a birth injury?

Yes, you can sue a hospital in Idaho if you can prove that your baby’s injury was caused by medical negligence.

Medical negligence is when health care providers fail to meet the standard of care. If your child was harmed during childbirth, you may be able to sue for a birth injury.

How do I know if my baby’s birth injury was caused by medical negligence?

If you believe your child’s birth injury was caused by medical negligence, connect with an Idaho birth injury lawyer.

If you are eligible, they can request and review your child’s medical records and determine what happened to cause your child harm. If medical negligence is to blame for your child’s injury, your lawyer can help you figure out your best next steps to seeking compensation and justice.

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.

View Sources
  1. Dumpa, V., & Kamity, R. (2022, August 29).Birth trauma. StatPearls [Internet]. Treasure Island (FL): StatPearls Publishing; 2023 Jan-. Available from: Retrieved June 2, 2024, from https://www.ncbi.nlm.nih.gov/books/NBK539831/
  2. Nationwide Children’s. (2023, August 1). Birth injury. Retrieved June 2, 2024, from https://www.nationwidechildrens.org/conditions/health-library/birth-injury
  3. Pandit, M. S., & Pandit, S. (2009). Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense – A legal perspective. Indian journal of urology : IJU : journal of the Urological Society of India, 25(3), 372–378. Retrieved June 2, 2024, from https://doi.org/10.4103/0970-1591.56206
  4. Pregnancy, Birth & Baby. (2023, June). Birth injury (to the mother). Retrieved June 2, 2024, from https://www.pregnancybirthbaby.org.au/birth-injury-to-the-mother
  5. Stanford Medicine Children’s Health. (n.d.). Birth injuries. Retrieved June 2, 2024, from https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687
  6. The Official Website of the Idaho Legislature. (2023). Idaho statutes. Title 5. Chapter 2. Retrieved June 2, 2024, from https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-219/
  7. University of Rochester Medical Center. (n.d.). Birth injuries. Retrieved June 2, 2024, from https://www.urmc.rochester.edu/encyclopedia/content.aspx?ContentTypeID=90&ContentID=P02687