Vermont Birth Injury Lawyer

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

Many cases of birth injuries are preventable and are often caused by medical negligence. If you believe your child’s birth injury was the result of negligence, you may be able to file a birth injury lawsuit and win life-changing financial compensation. Learn more about connecting with a Vermont birth injury lawyer today.

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Working With a Birth Injury Lawyer in Vermont

Autumn skyline in Montpelier, Vermont, USA autumn town skyline

Birth injury lawsuits are a type of legal action filed against negligent parties believed to have caused a preventable injury to a child during birth.

The doctor, nurse, health care provider, or hospital that delivered the baby tends to be the primary defendant named in a birth injury lawsuit. Birth injury cases are subject to state law, so it is necessary to work with a birth injury lawyer to file your claim.

By working with a skilled Vermont birth injury attorney, you can be confident that they will have the legal expertise required to get the maximum amount of financial compensation for your case. Your attorney will also strive to make the legal process as stress-free as possible for you and your family.

Birth injury lawsuit compensation can be used to pay for treatments like medication, surgery, therapy, adaptive equipment, mobility devices, and more.

We have helped families near you.

Our partner law firms can represent families in the following areas:

  • Barre
  • Bennington
  • Brattleboro
  • Burlington
  • Essex Junction
  • Middlebury
  • Montpelier
  • Newport
  • Rutland
  • St. Albans
  • St. Johnsbury
  • Winooski
  • Other cities

If you believe medical negligence may be to blame for your child’s injury, talk to one of our nurses to get the answers you need about your child’s diagnosis.

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Birth Injuries and Medical Negligence

Medical professionals are expected to follow a high standard of care to ensure the child is delivered safely. When medical mistakes are made during the delivery process, serious and even permanent injury to a baby can occur.

In order to win compensation, a birth injury claim must prove that the standard of care was not met and caused injury to the child.

Birth injuries requiring lifelong medical treatment force families to pay for the special care they never planned for financially.

A birth injury lawsuit may be the only hope for families who do not have the money to pay the medical bills this unexpected care created.

Actions that may be considered medical negligence during the birthing process include:

  • Failure to detect and/or treat any signs of fetal distress
  • Failure to detect and/or treat signs of oxygen deprivation or hypoxia
  • Failure to perform a C-section (cesarean section) promptly
  • Improper use of assistive delivery tools, including vacuum extractor or forceps
  • Use of excessive force on a child’s head, neck, arms, or shoulders

If you believe your child’s injury was caused by medical negligence, you may be able to work with a Vermont birth injury lawyer.

Types of Cases Vermont Birth Injury Attorneys Handle

Vermont birth injury lawyers represent families affected by a variety of birth injuries.

The types of cases that Vermont birth injury lawyers handle include:

If your child suffered from an injury listed above, you may qualify for financial compensation. Get a free consultation to learn more today.

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Vermont Birth Injury Settlement Amounts

Birth injury lawsuits are resolved through a settlement or a trial verdict.

A settlement occurs when the defendant agrees to pay a lump sum of money to the family to cover the child’s treatment costs. If a settlement is not reached, the case will move on to a trial where a judge and/or jury will hear both arguments and decide whether the defendant was negligent.


of birth injury claims end in a settlement agreement

Source: Black’s Law Dictionary

Many skilled Vermont birth injury lawyers will help your family pursue a settlement offer since trials can be time-consuming, costly, and may result in no compensation if the court does not rule in your favor.

Because of the severe impact that a birth injury creates and the astronomical cost of lifelong care, birth injury case values can be well into the millions of dollars.

While this is little consolation to lives forever changed, the money will help provide better care for your child, ensuring the highest life quality they can have.

It is important to remember that verdict and settlement amounts vary depending on the unique fact pattern of each case, including whether it is a serious injury. Amounts are determined by the types of birth injuries, causes of birth injuries, how much lifelong medical care will cost, and more.

Working with a Vermont birth injury lawyer to get legal advice is the best way to learn how much compensation you may be awarded by filing a medical malpractice claim.

When Should I File a Birth Injury Lawsuit in Vermont?

You should contact a Vermont personal injury attorney without delay due to the statute of limitations.

The statute of limitations is a specific deadline for how long an individual has to file a legal claim. Each state determines its own statute of limitations for personal injury lawsuits, including medical malpractice and wrongful death lawsuits.

Therefore, it is important to work with an experienced medical malpractice attorney to help you file your lawsuit within the following statutes of limitations for Vermont:

  • 3 Years

    VT Statute of Limitations for Birth Injuries

  • 3 Years

    VT Statute of Limitations for Infant Wrongful Death

If you do not file your lawsuit within the window of time allotted by the state of Vermont, you may lose your right to file a claim or pursue legal compensation.

Get a free case evaluation today to learn if you are eligible to receive financial compensation.

Find a Vermont Birth Injury Lawyer Today

gavel and stethoscope

When doctors, hospitals, and other healthcare providers fail to meet the standard of care, it may be legally considered medical negligence.

Medical professionals are trained and trusted to deliver babies without any grave mistakes that lead to birth injuries. Medical negligence can result in permanent injuries that lead to a lifetime of complications and specialized treatment.

The costs of treating a severe birth injury can be financially devastating. Often, the innocent families that were harmed could never have planned for these expenses. Thankfully, there are options to help your child get the treatment they deserve.

If you believe your child’s birth injury was caused by medical negligence that occurred in the state of Vermont, you may be eligible to file a medical malpractice lawsuit. Get a free case review today to learn if you are qualified to receive financial compensation.

Vermont Birth Injury Lawyer FAQs

What is the statute of limitations for birth injury lawsuits in Vermont?

The statute of limitations for Vermont birth injury and infant wrongful death claims are both 3 years. If you believe you have a legal case, it is vital to take action right away.

The best way to determine when your statute of limitations began running and when it expires is to talk with a Vermont birth injury attorney. If you don’t take proper action within the statute of limitations, you will forever lose your right to sue.

How much does a Vermont birth injury attorney cost?

The best Vermont birth injury attorneys work on a contingency fee basis, meaning they do not charge any upfront fees. You will only pay your lawyer if you win your case. Your Vermont birth injury lawyer will cover their legal costs by taking a percentage of the compensation you receive at the end of your case.

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

To find out if your child’s birth injury or death was caused by medical negligence, contact a Vermont birth injury lawyer without delay.

If medical negligence was at play, you will be able to file a lawsuit. Experienced Vermont birth injury lawyers have the expertise and resources needed to help you navigate the legal system and get the money you deserve.

Get a free case review today to learn if your child’s birth injury was caused by medical negligence.

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
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  2. Centers for Disease Control and Prevention. (2020). Data and statistics for cerebral palsy. Retrieved June 29, 2024, from
  3. The Law Dictionary. (n.d.). Pre-trial settlement percentage: Statistics on personal injury settlements. Retrieved June 29, 2024, from
  4. Ranum, D. (2019). Study of malpractice claims involving children. The Doctors Company. Retrieved June 29, 2024, from