Birth Injury Lawsuit

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a type of medical malpractice claim allowing families to seek compensation if their child’s condition was caused by a preventable medical error before, during, or shortly after delivery.

Birth injury lawsuits can be filed against obstetricians, other doctors, nurses, midwives, or the hospital where the injury occurred.

Compensation from a birth injury lawsuit can help cover:

• Assistive technology and mobility aids
• Emotional distress
• In-home care and special education services
• Ongoing medical treatment

Our team works with top birth injury lawyers who have secured over $1 Billion to date. Our legal partners don’t charge any upfront costs or hourly fees and can help families in all 50 states.

If you believe your child’s birth injury may have been caused by medical negligence, we may be able to help you seek compensation. Get a free case review now.

Birth Injury Lawsuit Settlements and Verdicts

Compensation awarded through birth injury settlements and trial verdicts provides families with the financial support needed to care for children who were harmed during childbirth.

Many birth injury lawsuits result in multimillion-dollar payouts:

• $10.4 Million for a Pennsylvania family whose child developed cerebral palsy (CP)
• $8 Million for a New York family for their child’s vacuum extraction delivery injury
• $6 Million for a California family of a child who developed CP from medical mistakes
• $5 Million for a Massachusetts child who suffered brain damage during delivery
• $4.5 Million for an Illinois family whose child developed Erb’s palsy
• $5.1 Million for a family in Texas for harm caused by birth asphyxia (lack of oxygen)
• $7.8 Million for a Florida family whose child developed preventable CP

Birth injury lawsuit payouts vary by the specifics of each case. The best way to determine the value of your claim is to get a free consultation from an experienced birth injury lawyer.

Who Can File a Birth Injury Lawsuit?

Parents or legal guardians of a child who suffered harm due to medical negligence during childbirth may be able to file a birth injury lawsuit. Preventable mistakes during childbirth may be considered birth injury medical malpractice.

You may be able to file a birth injury lawsuit for these common birth injuries:

• Brain damage: This can include conditions like hypoxic-ischemic encephalopathy (HIE).
• Brachial plexus injuries: When nerves of the arms and hands are injured due to delivery complications, nerve disorders can develop, such as Erb’s palsy.
• Caput succedaneum: This is significant scalp swelling that can occur during delivery.
• Cephalohematoma: This is a raised lump on the baby’s head due to bleeding between the skull and its covering.
• Cerebral palsy: CP is a lifelong condition caused by brain damage during birth. It affects movement and coordination and varies in severity and symptoms.
• Fractures: The clavicle (collarbone) may break during a difficult delivery, causing limited arm movement.
• Periventricular leukomalacia (PVL): A form of brain damage that affects infants primarily involving the brain’s white matter near the ventricles (cavities).
• Spinal cord injuries: Newborn spinal cord injuries usually impact the neck region, often occurring when a doctor pulls on a baby too hard during delivery.

If your child suffered from any form of harm during childbirth, you may be able to file a birth injury lawsuit. Get a free legal case review right now to find out your legal options.

Deadlines on Filing a Claim

It’s important to act quickly because there’s a strict deadline for filing lawsuits, known as the statute of limitations. Once this window passes, you won’t be able to pursue legal action.

Each state has a specific deadline for birth injury cases, making it essential to consult a lawyer who understands the laws in your area. A birth lawyer can advise you on how much time you have to file your lawsuit.

Sometimes, birth injuries don’t become apparent for years until a child starts missing developmental milestones. Therefore, your newborn may be misdiagnosed or not diagnosed at all immediately after birth.

By filing a birth injury lawsuit right away, you can ensure your case is filed before your deadline, even if you don’t have an official diagnosis yet.

How to File a Birth Injury Lawsuit

Filing a birth injury lawsuit may feel overwhelming, but working with an experienced law firm can make the process as easy and stress-free as possible. Your legal team will handle every step, so you can focus on your child’s health and well-being.

Learn more about what’s involved in filing childbirth injury lawsuits below.

1. Get a Free Case Review

At Complicated Care, the birth injury law firms in our network offer free case reviews, so you can find out if you may be able to take legal action without any financial risk.

You don’t need a formal diagnosis to get started. A birth injury lawyer and their support team can listen to your story, review medical records, and determine if medical negligence may have occurred.

Take the first step toward justice and compensation with a free case review.

2. Gather Evidence

Once you qualify, your birth injury legal team will collect evidence to support your claim.

Evidence for birth injury lawsuits may include:

• Expert medical opinions
• Medical records from pregnancy, labor, and delivery
• Witness statements from family or delivery staff

This evidence helps your team prove that medical malpractice occurred, identify who’s legally responsible, and estimate the amount of compensation you may be entitled to.

3. File a Birth Trauma Lawsuit

After gathering evidence, your attorney will file the paperwork for your birth trauma lawsuit. You will be the plaintiff and the health care providers or hospital responsible for the injury will be named as defendants.

Your team will make sure your birth injury lawsuit is filed before your state’s statute of limitations expires. These deadlines are strict, and if you miss them, you may lose your right to seek compensation.

Your lawyer will fight for enough money to cover your child’s lifetime care needs, helping ease any financial worries.

4. Access Compensation

After both sides have gathered evidence, your birth injury lawyer will begin settlement negotiations with the defendant’s legal team.

Almost all birth injury lawsuits end in settlements, meaning most families never have to go to court. In the rare event that a settlement can’t be reached, your birth injury lawsuit may go to trial.

A judge or jury will then review the evidence and decide whether medical malpractice occurred and how much compensation should be awarded.

Get Help Filing a Birth Injury Lawsuit

If your child suffered from preventable harm during childbirth, consider seeking help from a dedicated birth injury law firm.

The experienced medical malpractice attorneys at these specialized firms understand the fear and concerns that come with an injury at birth. They will guide you through the legal process and handle all aspects of a lawsuit so you can focus on caring for your child.

By working with an experienced legal team to pursue birth injury lawsuit compensation, you can rest assured knowing your child’s future is in capable hands. Get started now with a free case review.