Birth Injury Lawsuit
Birth injury lawsuits offer a way for parents to claim financial compensation for a child's birth injury while holding negligent health care providers accountable.
What Is a Birth Injury Lawsuit?
A birth injury lawsuit is a legal action filed by parents to seek financial compensation for their child's injury that was caused by negligent medical care before, during, or after birth.
The lawsuits are filed against the hospital, its healthcare staff, or doctors that may have caused any injuries.
Most birth injury lawsuits end in a settlement without going to court. If the party being sued can't come to an agreement, the case may be taken to trial, where a jury will decide the verdict. Lawyers usually prefer to settle out of court to give parents financial compensation sooner.
Medical Malpractice Birth Injury Lawsuits
When a baby or mother is injured due to substandard medical care, families may pursue a medical malpractice birth injury lawsuit. These claims address preventable errors that occur during pregnancy, labor, or delivery, showing that the healthcare provider did not follow accepted medical standards.
Common types of negligence that lead to these lawsuits include:
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Failing to monitor the baby’s oxygen levels or heart rate
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Delaying a needed C-section during signs of distress
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Using forceps or vacuum tools incorrectly
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Ignoring signs of infection or maternal complications
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Giving the wrong medication or dosage
Wrongful Death Birth Injury Lawsuits
Sadly, if doctors further mismanage a child's birth injuries or complications, it can cause death if they are not treated immediately. In cases like these, parents may be able to file a wrongful death lawsuit against doctors and other healthcare staff.
Common Birth Injuries That Lead to Lawsuits
Doctors and healthcare providers are expected to meet a strict standard of care during pregnancy, delivery, and shortly after birth. If they fail to act with the proper skill or attention, and a birth injury occurs, it may be grounds for a medical malpractice lawsuit.
Below are common birth injuries involved in lawsuits:
- Cerebral palsy – A neurological disorder that affects muscle tone, movement, and motor skills, often resulting in lifelong physical and developmental challenges.
- Brachial plexus injuries (Erb’s or Klumpke’s palsy) – Damage to the network of nerves that control the arm and hand, leading to weakness, loss of movement, or paralysis in the affected limb.
- Hypoxic-ischemic encephalopathy (HIE) – A type of brain injury caused by inadequate oxygen or blood flow, potentially resulting in cognitive impairments, seizures, and motor dysfunction.
- Periventricular leukomalacia (PVL) – A form of white matter brain damage that can lead to developmental delays, motor control problems, and visual or cognitive deficits.
- Fractures or broken bones – Physical injuries to bones, most commonly the clavicle or skull, which may cause pain, swelling, and impaired mobility.
- Intracranial hemorrhage (brain bleed) – Bleeding within or around the brain, which can lead to brain damage, seizures, or life-threatening complications.
- Facial nerve injuries – Damage to the nerves controlling facial muscles, often resulting in temporary or permanent facial weakness or paralysis.
- Spinal cord injuries – Trauma to the spinal cord that may cause paralysis, loss of sensation, or impaired bodily functions depending on the severity and location.
- Untreated maternal or newborn infections – Infections that, when left unaddressed, can lead to serious complications such as sepsis, brain damage, or even death.
- Kernicterus – A rare but serious type of brain damage resulting from severely elevated bilirubin levels in a newborn, potentially causing hearing loss, movement disorders, or intellectual disability.
These injuries can lead to children not being able to live normally and potentially requiring lifelong care if their condition was severe.
Can You Sue a Hospital for a Birth Injury?
Yes, families can take legal action against a hospital if a birth injury occurs due to preventable mistakes during pregnancy, labor, or delivery. Hospitals are responsible for making sure their doctors, nurses, and staff provide safe, competent care.
Filing a lawsuit can help families get financial support for lifelong care and hold the hospital accountable for its actions.
Before a lawyer can move forward with a birth injury claim, they must show that the hospital’s mistakes directly caused the injury. Parents may also be required to give additional medical documents and records.
Key steps include:
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Reviewing medical records and delivery notes to pinpoint errors
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Consulting specialists to explain what proper care should have been
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Showing that mistakes, such as delayed C-sections, improper use of tools, or ignored fetal distress, directly caused the injury
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Presenting this evidence in negotiations or in court to establish liability
If you suspect that your child's birth injury was the result of negligent medical care at your hospital, contact a birth injury lawyer to look into your case to see if it is valid.
What Does Compensation Cover?
The compensation from a birth injury lawsuit can help families manage both the financial and emotional impact of raising a child with long-term needs. The costs of care for a child with a serious birth injury, such as cerebral palsy, can reach more than $1.6 million over a lifetime, covering medical treatment, daily support, and essential equipment.
A settlement or award can help pay for:
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Hospital bills and ongoing medical care
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Medical equipment such as wheelchairs or communication devices
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Home modifications and in-home nursing care
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Lost income for parents who leave work to provide care
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Pain and suffering for the child and family
This financial support helps families focus on their child’s well-being with stability and peace of mind, without the stress of trying to pay for ongoing medical expenses.
When Should I File a Birth Injury Lawsuit?
If your child is showing signs of a birth injury, you should file as soon as you can. There are laws called statutes of limitations that determine how late you can file a lawsuit before it gets denied, and they usually vary between 1 to 3 years from state to state.
Quick Fact: Many states have a discovery rule, which means the deadline to file may begin when the parents become aware that a medical error led to their child’s condition. Since these time limits differ by state, a free case evaluation can help you understand your legal options and avoid missing the opportunity to seek compensation.
The earlier you file, the more time your lawyer has to collect medical records, consult experts, and build a strong case before the deadline expires.
How Much Does It Cost to File a Birth Injury Lawsuit?
You usually do not need to pay anything upfront to file a birth injury lawsuit. Most birth injury lawyers work on a contingency fee basis, meaning they only get paid if the case is successful. The fee is typically a percentage of the settlement or court award.
A reputable birth injury lawyer will cover all the upfront and litigation costs needed to build the case, so parents don’t have to pay out of pocket to get legal help.
This includes expenses such as:
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Collecting medical records
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Paying expert witness fees
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Covering court filing costs
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Handling depositions and transcripts
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Managing travel and investigation expenses
How Long Does a Birth Injury Lawsuit Take?
Birth injury lawsuits can take anywhere from several months to a few years to resolve, depending on factors like the complexity of the case, the amount of supporting evidence, whether it settles out of court, and the court’s schedule.
Cases that reach a settlement are often resolved faster, sometimes in under a year, while those that go to trial may take longer.
What Is the Process of a Birth Injury Lawsuit?
While not all birth injury cases are the same, they all follow a similar legal process. A lawyer would help families by gathering evidence, evaluating claims, negotiating compensation, and addressing any disputes that may arise.
Learn more about the key steps involved below.
Consultation
The process usually starts by getting a free case review with an experienced birth injury lawyer to see if your case has merit.
During the consultation, the lawyer will ask parents about their child's condition and the events leading from pregnancy to birth to determine if the case is valid.
They will then explain whether negligence may have occurred and outline the legal timelines that apply in the family’s state, all at no upfront cost.
Gathering Evidence
If the claim is considered legitimate, the lawyer will collect detailed proof to support the claim.
A thorough investigation would review things such as:
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Medical records from pregnancy, labor, and delivery
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Fetal monitoring strips showing the baby’s heart rate and oxygen levels
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Hospital and nursing notes documenting care decisions
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Expert medical opinions explaining what should have been done differently
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Witness statements from staff or family present during delivery
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Imaging results or photographs showing the child’s injuries
Filing the Lawsuit
After gathering enough evidence, the lawyer will file a formal legal complaint that outlines the allegations against the responsible medical providers.
This step officially starts the lawsuit, ensures the claim meets the statute of limitations, and notifies the hospital or staff that legal action has begun. It also sets the timeline for sharing information, exchanging evidence, and preparing for settlement or trial.
Settlement Negotiations
During this stage, the lawyer works to secure compensation that fully addresses the child’s current and future needs by negotiating an agreement with the hospital’s insurance company or legal team.
Factors that may influence the settlement amount include:
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The severity and long-term impact of the child’s injury
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The cost of ongoing medical care and therapy
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The need for adaptive equipment or home modifications
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Lost income for parents who care for the child full-time
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Emotional and physical suffering endured by the child and family
If an agreement cannot be reached, the case may still proceed to trial. However, most birth injury cases are settled out of court about 95% of the time.
Trial (If Necessary)
If a settlement cannot be reached, the case may go to trial, where the lawyer would present their evidence and arguments in court. A judge or jury will then determine whether the family is entitled to compensation for the child’s injury.
Trials can be risky because if the court doesn't rule in the family's favor, they might not receive any compensation. This is why lawyers prefer to negotiate a settlement out of court to ensure a more reliable outcome for families.
Birth Injury Lawsuit FAQs
Written and Medically Reviewed by:
Cerebral Palsy Hub Team
Cerebral Palsy Hub was founded to help support children and their families with cerebral palsy and to create a safe space for those affected. We strive to provide the most accurate, up-to-date information, and tools to help give your child the life they deserve.
Last Updated: October 13, 2025
