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Birth injury lawsuit

Birth injury lawsuits allow families to seek financial support and hold negligent medical professionals accountable. The emotional distress and financial strain of caring for an injured child often lead families to seek justice and compensation. Learn how a birth injury lawsuit may help your family get the money and closure you need to move forward.

What is a birth injury lawsuit?

A birth injury lawsuit is a legal claim filed by families affected by preventable harm before, during, or shortly after childbirth seeking financial compensation.

Birth injury lawsuits are filed against the hospitals, doctors, nurses, or other medical personnel who may be responsible for a child’s injuries.

Birth injuries can leave families with significant treatment expenses that they could never have planned for. By taking legal action, many families are able to get compensation to improve their child's quality of life.

Watch our short video to learn more about birth injury lawsuits.

Birth Injury Lawsuits Video Thumbnail

Learn how birth injury lawsuits support families who have been impacted. You may be able to access financial assistance to provide a better future for your child. View Transcript.

Duration: 1 min 19 sec

A birth injury lawsuit gives families the opportunity to hold negligent medical staff accountable for their child's preventable birth injury. A lawsuit can help you get the money you need to pay for your child's treatment and future needs.

If your child suffered a preventable birth injury, Cerebral Palsy Guide can help you get the compensation you deserve. We work with top birth injury law firms across the country. Together, they've recovered over $800 million for families affected by preventable birth injuries.

We understand the challenges and costs of raising a child who has suffered a birth injury. That's why we're committed to helping families like yours. Compensation can cover medical bills, therapy expenses, special equipment, and other necessary treatments.

Your child's birth injury treatment shouldn't burden your family financially. A birth injury lawsuit can provide the funds to pay for the specialized care your child needs. It's time to take action and ensure your child's future is secure.

To learn more about how a birth injury lawsuit can help your family, call or visit our website. Our experienced legal team is here to guide you and fight for your rights.

Visit www.cerebralpalsyguide.com today and take the first step towards securing a better future for your child.

While each birth injury lawsuit is different, some have awarded millions of dollars to cover medical expenses like surgery, medications, therapy, and other care costs.

Cerebral Palsy Guide partners with top law firms that can help families file birth injury lawsuits in all 50 states. Together, they have secured over $917 million for preventable birth injuries.

Find out if we can help you file a birth injury lawsuit with a free case review right now.

Recent birth injury lawsuit settlements and verdicts

Experienced birth injury law firms are known for the payouts they secure for their clients. This financial compensation can come from birth injury lawsuit settlements or trial verdicts.

No amount of money can change what happened to families affected by preventable birth injuries, but knowing their future is secure can offer some peace of mind.

Here are some of the payouts our partner birth injury law firms have secured:
  • Over $10.4 million on behalf of a child in Pennsylvania with cerebral palsy (CP)
  • $8 million for a New York family whose child was injured during vacuum extraction
  • $7.8 million for a Florida family with a child who developed cerebral palsy
  • $6 million for a California family whose child developed CP
  • $5.1 million on behalf of a Texas child who suffered from neonatal asphyxia
  • $5 million for a Massachusetts child for brain damage during delivery
  • $4.5 million to an Illinois family whose child developed Erb’s palsy
  • Over $2 million on behalf of a North Carolina child with a brachial plexus injury

Each case is unique, but knowing the results of similar birth injury lawsuits can help you understand your family's options. If your child was injured, you could also be eligible for compensation.

Call us right now at (855) 220-1101 or Click to Live Chat to see if we can connect you with a top birth injury attorney near you.

Medical negligence and birth injury lawsuits

Medical negligence can cause severe birth injuries, affecting a child's life and creating significant financial strain on families.

Birth injury lawsuits offer a way for families to seek justice and compensation for preventable injuries caused by negligent medical professionals.

These conditions often result from improper use of delivery tools, failure to monitor and respond to fetal distress, delayed cesarean sections (C-sections), and other lapses in proper care.

Many families feel frustrated and ignored by health care providers when things go wrong during childbirth. These unanswered questions can cause a tremendous emotional burden.

Birth injury lawsuits can provide a path to seek answers and justice.

Types of birth injury lawsuits

Birth injury lawsuits typically fall under two categories — medical malpractice personal injury lawsuits and wrongful death lawsuits.

If a baby suffered significant injuries that affect their quality of life, lawyers can file a medical malpractice lawsuit against the medical professionals responsible.

Unfortunately, some birth injuries can lead to a baby’s death. If this is the case, lawyers will file a wrongful death lawsuit.

Learn more about the types of birth injury lawsuits below.

Medical malpractice birth injury lawsuits

Medical negligenceA lawyer discussing a birth injury lawsuit with a client, with legal scales and a gavel on the desk. occurs when a doctor or nurse makes a decision that goes against professional standards and harms the mother and/or child.

Doctors and nurses are trained to provide appropriate care for mothers and newborns. Medical professionals should be aware of the consequences of medical negligence, yet some still make poor decisions with lasting consequences.

Wrongful death birth injury lawsuits

Some deaths during childbirth could have been prevented if doctors were not negligent with their care. Wrongful death birth injury lawsuits can be filed if a doctor makes a fatal mistake before, during, or shortly after delivery.

Cerebral Palsy Guide has experienced and compassionate labor and delivery nurses on staff who are available to talk with you about what went wrong during your child’s birth.

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Birth injury lawsuit process

When you file a birth injury lawsuit, you can expect your lawyers to build a case against the doctors, nurses, or other medical professionals who delivered your child and fight for as much money as possible.

Most lawsuits generally follow the same process, but each case is different.

Get an in-depth look at the steps below.

1. Getting a free consultation

The first step in a birth injury lawsuit is getting a free consultation. During this process, a member of the attorney’s legal team will listen to your story, ask questions about your child's injury, and help determine if you may have a case. Get your free case review right now.

2. Collecting evidence

If your birth injury lawyer believes you have a valid claim, your legal team will conduct a thorough investigation and collect detailed evidence.

Birth injury lawsuit evidence may include:
  • Expert testimonies from medical specialists
  • Medical records of prenatal care, labor, and delivery
  • Photographs or videos of injuries
  • Statements from witnesses present during childbirth
  • Treatment records showing ongoing care and costs

Your attorney will use this evidence to prove medical malpractice and build a strong case for your birth injury lawsuit.

3. Filing the birth injury lawsuit

Next, your lawyer will file your birth injury lawsuit to demand the compensation needed to pay for your child’s lifetime care. This step starts the formal process of seeking compensation from those responsible.

By working with an experienced attorney, you can help make sure your birth injury lawsuit is filed by the deadline that applies to your case.

4. Negotiating a settlement

Lawyers specializing in birth injury lawsuits negotiate with negligent medical professionals and their insurance companies on your behalf. They aim to secure a settlement covering your child's medical expenses, ongoing care, and other related costs.

If a settlement isn’t reached, your birth injury lawsuit may proceed to court. However, roughly 95% of personal injury lawsuits settle, according to Black’s Law Dictionary.

5. Going to court if necessary

If your birth injury lawsuit goes to trial, your lawyer will continue to fight for your family in court. They will present evidence, make legal arguments, and advocate for your family to secure the maximum compensation possible for your child's injuries.

Why should I file a birth injury lawsuit?

One of the main goals of a lawsuit is to obtain financial compensation to pay for birth injury treatment costs.

Care costs for severe birth injuries can put a significant financial strain on families. For example, health care costs for children with cerebral palsy were 10-26 times greater than those without the condition, according to the Centers for Disease Control and Prevention (CDC).

Successful lawsuits award families financial compensation to pay for:
  • Adaptive equipment and home modifications
  • Emotional damages, like pain and suffering and/or loss of companionship
  • Medical costs, including past and future expenses
  • Physical therapy and rehabilitation
  • Other medical and life quality-related expenses

During a birth injury lawsuit, your legal team will map out the projected costs of your child’s care through a life care plan. If your case is successful, you may be awarded compensation to cover these expenses.

Most life care plans estimate future care costs using current data and research. In some cases, you and your attorney may work with a life care planner to estimate these costs.

Successful birth injury lawsuits can also hold the doctors who delivered your child responsible for the harm they caused.

Therefore, birth injury lawsuits may help provide closure and justice. Further, lawsuits can help other families learn the dangers of birth injuries and the doctors who caused them, keeping future mothers and babies safer.

When should I file a birth injury lawsuit?

You should file a birth injury lawsuit as soon as you can. Getting a headstart on the legal process may help you access financial compensation as quickly as possible.

One of the biggest factors in filing a birth injury lawsuit is the statute of limitations. This law puts a time limit on how long you have to file your lawsuit.

The statute of limitations varies for each state, so it is very important to consult a reputable birth injury law firm in your area to determine how long you have to file.

Most families have 2-3 years to file a birth injury lawsuit. Typically, the statute of limitations starts when the injury occurred or when the harm should have reasonably been discovered.

For all of these reasons, it is important to take action without delay.

Get help filing a birth injury lawsuit

Careless mistakes made by doctors, nurses, and other medical professionals during childbirth can cause your child to require lifelong treatment.

Permanent birth injuries are often incredibly costly to manage, and they can usually be prevented with proper medical care. A successful birth injury lawsuit can provide money to help pay for your child’s treatment costs and hold those at fault accountable.

Our partner birth injury attorneys can help families file birth injury lawsuits in all 50 states. Together, they have recovered over $917 million for birth injuries.

Call Cerebral Palsy Guide at (855) 220-1101 right now or get a free case review to find out if we can help you get justice.

Birth injury lawsuit FAQs

How much compensation for birth injury lawsuits do people get?

The average birth injury lawsuit payout is around $1 million. However, the value of your claim can vary based on the severity and type of your child’s injury, your state, the total estimated treatment costs, and more.

Find out if we can connect you with an experienced birth injury lawyer to get a better idea of your case’s value. Call us right now at (855) 220-1101.

How long does a birth injury lawsuit take?

Every birth injury lawsuit is different, so the time required can vary with each case. Some take a few months, while others can take more than a year.

Factors that affect how long a birth injury lawsuit can take include:

  • Length of time to gather evidence and build the case
  • Whether the case reaches a settlement or goes to trial
  • How many cases are ahead of yours in the court circuit
  • If the case gets appealed after a trial decision

How time-consuming is a birth injury lawsuit?

A birth injury lawsuit does not have to be time-consuming if you have the right legal team behind you.

Skilled birth injury lawyers strive to take on all the heavy lifting and stress from a lawsuit so you can focus solely on caring for your child.

These lawyers will do all of the complex legal work and meet with you based on your schedule. The best birth injury lawyers want you to focus on your child’s well-being, not the additional stress of a lawsuit.

Can I sue my doctor for misdiagnosis?

Yes, in some cases, you may be able to sue your doctor for misdiagnosis.

Underlying health conditions or illnesses can cause birth injuries without proper diagnosis and treatment. As a result, a doctor’s misdiagnosis or failure to diagnose a condition can cause long-term or permanent damage to a baby’s health.

If doctors fail to avoid life-threatening mistakes, you may be able to hold them accountable through a birth injury lawsuit.

What are the birth injuries due to negligence?

Birth injuries due to negligence can include cerebral palsy (CP), brain damage, hypoxic-ischemic encephalopathy (HIE), and brachial plexus injuries like Erb’s palsy.

Other injuries may involve fractures, cephalohematoma (collection of blood under the scalp), and nerve damage.

If your child suffered from any of these conditions, you might be eligible to file a birth injury lawsuit. Find out right now with a free legal case review.

What factors can determine my case value?

Several factors can greatly impact its value. Therefore, it is important to speak with an experienced lawyer so they can evaluate your case.

These 4 factors could affect your case value:

  1. Type and severity of the injury
  2. Your child's overall health outlook after the injury
  3. Limits on birth injury case values in the state your child was born in
  4. Medical costs to manage and treat the injury

As your birth injury lawsuit moves forward, the case value could change over time. Your lawyer will keep you updated on the overall status of your case as they work toward a conclusion.

Still have questions? Visit our Legal FAQ page to learn more.

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.

Cerebral Palsy Guide was founded upon the goal of educating families about cerebral palsy, raising awareness, and providing support for children, parents, and caregivers affected by the condition. Our easy-to-use website offers simple, straightforward information that provides families with medical and legal solutions. We are devoted to helping parents and children access the tools they need to live a life full of happiness

  1. Black’s Law Dictionary. (n.d.) What percentage of lawsuits settle before trial? what are some statistics on personal injury settlements? Retrieved June 18, 2024, from https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/
  2. Centers for Disease Control and Prevention. (2022, May 2). Data and Statistics for Cerebral Palsy. Retrieved June 18, 2024, from https://archive.cdc.gov/www_cdc_gov/ncbddd/cp/data.html
  3. Katz R.T. & Johnson C.B. (2013, April 13). Life care planning for the child with cerebral palsy. Phys Med Rehabil Clin N Am. Retrieved June 18, 2024, from https://doi.org/10.1016/j.pmr.2013.03.003
  4. International Association of Rehabilitation Professionals (IARP). (n.d.) What is life care planning. (n.d.). Retrieved June 18, 2024, from https://connect.rehabpro.org/lcp/about/new-item/new-item5