Birth Injury Lawyer
Birth injury lawyers help families pursue compensation when a child is harmed due to medical mistakes before, during, or shortly after birth. They investigate medical records, consult experts, and take legal action to hold negligent providers accountable.
Working with an experienced attorney can help families focus on their child’s care while securing the financial support needed for long-term treatment and development.
What Is a Birth Injury Lawyer?
A birth injury lawyer is a specialized legal professional who represents families when a child is injured before, during, or shortly after birth, usually due to medical malpractice or negligence.
Unlike general personal injury attorneys, their focus is specifically on preventable birth-related injuries. They review medical records, consult with healthcare experts, and build strong cases to prove negligence.
Due to the high cost of caring for a child with a disability, many families often struggle to afford the medical expenses and treatment needed for their child. Birth injury lawyers can help secure the funds needed and hold negligent health care providers accountable.
What Does a Birth Injury Lawyer Do?
Birth injury lawyers investigate whether medical professionals failed to provide the appropriate standard of care during pregnancy, labor, or delivery. They review medical records in detail and consult with experts in obstetrics, neonatology, or other relevant fields to determine whether medical malpractice caused a child’s injury.
Lawyers handle all aspects of the case, from filing legal claims to negotiating with hospitals or insurance companies. If a settlement cannot be agreed upon, they may go to trial, where they are prepared to represent the family in court.
Their ultimate goal is to prove negligence, secure compensation, and reduce the legal burden on families so they can focus on caring for their child.
If you are unsure whether your child’s birth injury may have been caused by preventable mistakes, a free case review with an experienced birth injury lawyer can help you understand your options and take the first step toward legal action.
Nearly 70% of cerebral palsy cases are linked to birth injuries. Find out if a birth injury caused your child's CP by speaking with a cerebral palsy lawyer and getting a free case review now.
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What Types of Cases Do Birth Injury Lawyers Handle?
Birth injury lawyers handle a wide range of cases involving harm to newborns that may have been preventable. Common examples include:
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Cerebral palsy – Often caused by oxygen deprivation during labor or delivery, leading to long-term motor and developmental challenges.
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Erb’s palsy (brachial plexus injury) – Nerve damage in the shoulder or arm from excessive pulling, improper use of forceps, or vacuum extractors.
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Hypoxic-ischemic encephalopathy (HIE) – Brain injury caused by a lack of oxygen and blood flow, which can lead to seizures or permanent disabilities.
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Brain bleeds (intracranial hemorrhage) – Internal bleeding in the brain due to trauma during delivery, improper use of tools, or unmanaged maternal conditions.
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Fractures – Broken bones during delivery, often the clavicle or skull, sometimes linked to improper handling in difficult births.
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Facial paralysis – Nerve damage from improper use of forceps or vacuum assistance that may cause temporary or permanent weakness in the face.
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Kernicterus – Severe brain damage from untreated newborn jaundice that becomes toxic at high bilirubin levels.
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Infections – Conditions like meningitis, sepsis, or Group B strep passed to the baby during birth when not properly treated in the mother.
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Shoulder dystocia complications – Injuries when the baby’s shoulders get stuck during delivery, often linked to delayed or improper medical response.
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Spinal cord injuries – Rare but serious damage caused by excessive force or misuse of delivery tools.
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Respiratory injuries – Harm from delayed resuscitation, improper intubation, or failure to treat breathing complications.
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Untreated fetal distress – Injuries caused when signs of distress, like abnormal heart rates, are ignored or acted upon too late.
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Delayed C-section – Harm from failing to perform a timely cesarean section when complications made vaginal delivery unsafe.
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Caput succedaneum and cephalohematoma – Swelling or bleeding on the baby’s head from prolonged labor or improper tool use.
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Stillbirth or neonatal death – Tragically, some cases involve preventable loss of life due to serious medical negligence.
While not every injury is caused by medical negligence, birth injury lawyers can review medical records and identify situations where proper care was not provided. Recognizing these red flags is essential for determining whether legal action is warranted.
How Does a Birth Injury Lawyer Help Families?
If your child's birth injury was caused by medical negligence, the process of pursuing a case can feel overwhelming, but an experienced lawyer can help guide you at each stage. Typically, the process involves:
Initial Consultation
The process begins with a free consultation where you can share what happened during pregnancy, labor, or delivery.
The lawyer will review the details, explain whether the situation may involve medical negligence, and discuss the legal timelines that apply in your state. This step gives you an opportunity to ask questions and understand your options without any financial obligation.
Case Investigation
If the lawyer believes your case has merit, the next step is a thorough investigation. This includes gathering medical records, consulting with independent medical experts, and reviewing timelines of care to see if the standards of care were breached.
The goal is to build a strong foundation by collecting the evidence needed to link the injury to negligence.
Filing the Claim
Once evidence supports the case, your lawyer will file a formal legal complaint. This document outlines the allegations against the responsible medical providers and initiates the lawsuit.
Filing the claim ensures your case is formally entered into the legal system and that deadlines under the statute of limitations are met.
Negotiation Phase
Most birth injury cases are resolved before trial through negotiation. Your lawyer will communicate with the hospital’s insurance company or defense attorneys to pursue a settlement amount that reflects the full extent of your child’s needs.
Negotiating a settlement without going to court is helpful for parents because it provides a faster resolution, allowing them to have the funds to take care of their child sooner.
Settling out of court can also significantly reduce stress for families since it avoids the courtroom while still achieving financial support.
Trial
If a fair settlement cannot be reached, the case may proceed to trial. At this stage, your lawyer will present medical evidence, expert testimony, and legal arguments to a judge or jury.
The trial concludes with a judge or jury determining liability and awarding damages if negligence is proven.
Post-Settlement Support
When compensation is awarded, your lawyer may also help with managing the funds. This can include setting up structured settlements, special needs trusts, or connecting you with financial planning resources.
Post-settlement support ensures the compensation lasts and continues to meet your child’s long-term care needs.
Throughout this process, your birth injury lawyer manages paperwork, deadlines, and communications, which gives parents the time they need to focus on their child’s well-being while their lawyer builds a strong legal case.
When Should I Contact a Birth Injury Lawyer?
Parents should reach out to a birth injury lawyer as soon as they suspect medical negligence may have contributed to their child’s injury.
Each state has a statute of limitations, meaning there are legal deadlines for filing a claim, which can be as short as 1 to 3 years after birth or diagnosis. Some states extend the timeframe for minors, but early action is critical to preserve evidence and ensure eligibility for legal compensation.
Quick Fact: Many states follow the discovery rule, meaning the filing deadline may start when parents first realize a medical mistake caused their child’s condition. Because these timelines vary by state, a free case review can clarify your options and help ensure you don’t miss your chance for compensation.
What Can Compensation Cover?
Legal compensation from birth injury cases are designed to cover both immediate and long-term needs.
Settlements or verdicts can include:
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Medical expenses, including surgeries, hospital stays, and specialized treatments
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Physical, occupational, and speech therapy
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Assistive devices and mobility equipment such as wheelchairs or communication tools
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Home and vehicle modifications for accessibility
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Educational accommodations and special schooling
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Lost wages of parents who must provide care
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Pain and suffering or other non-economic damages
A successful claim can provide financial security and help families focus on their child’s development and well-being.
How Do Legal Fees Work for Birth Injury Cases?
Most birth injury lawyers work on a contingency fee basis, meaning families pay nothing upfront. The lawyer only receives a percentage of the settlement or verdict if the case is successful.
This arrangement makes it so that families can pursue legal action without added financial strain. Birth injury lawyers will typically advance the costs of hiring medical experts and gathering evidence, which are reimbursed from the final compensation.
If the case does not result in a settlement or verdict, families owe nothing. This system makes legal support accessible regardless of the family’s financial situation.
What Documents or Information Should I Bring Before Meeting a Birth Injury Lawyer?
Before you meet with a birth injury lawyer, it would be helpful to bring every piece of medical information you have about your pregnancy, labor, delivery, and your child's care afterward.
Important records include:
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Prenatal and delivery notes
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Hospital discharge summaries and NICU records
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Apgar scores or documentation of resuscitation efforts
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Medical records detailing complications or treatments
Even if you do not have all records on hand, your birth injury lawyer can request them from the hospital and assist in organizing the information for review. The more complete the documentation, the faster your lawyer can assess potential legal options.
How Do I Choose the Right Birth Injury Lawyer for My Case?
You should look for an attorney who specializes in birth injury or medical malpractice law, has a proven track record of winning cases, and works closely with medical experts.
Having clear communication and transparency is also important. A lawyer should be open about the process, setting expectations from the beginning and offering regular updates.
Avoid firms that pressure you into quick decisions, and focus on finding someone who listens, explains the options clearly, and personally manages your case.
Key questions to ask prospective lawyers include:
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How many birth injury cases have you handled?
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Do you work with medical experts to support investigations?
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What settlements or verdicts have you achieved?
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Will you personally manage my case or delegate it?
Choosing a knowledgeable and compassionate birth injury lawyer ensures your family has the guidance and representation needed to pursue justice and secure the resources your child may require.
Many cases of cerebral palsy are caused by preventable birth injuries. If you think your child's CP was due to medical negligence, contact us now and get a free case review at zero cost.
Case reviews are 100% free.
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Birth Injury Lawyer FAQs
Written and Legally 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: September 15, 2025
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