What can we help you find?
Top searches

Birth injury lawyer

Birth injury lawyers specialize in helping families affected by preventable conditions take legal action. Families can work with birth trauma lawyers to file their lawsuit and pursue life-changing financial compensation to cover their child’s treatment costs. Learn how you can connect with a birth injury lawyer today.

What is a birth injury lawyer?

Birth injury lawyers are a subset of personal injury attorneys who help pursue legal justice for newborns affected by preventable injuries.

The scales of justice and a gavel are shown.Many birth injuries can be severe and leave children physically and/or mentally disabled for their entire lives. Lifelong treatment may be needed to manage symptoms in these cases.

Sadly, some families struggle to pay for medical expenses. According to a study by Massachusetts General Hospital, around 40% of families struggle to pay for costs associated with their child’s disability.

Thankfully, a birth injury lawyer can pursue money on a family’s behalf to cover the cost of lifelong treatments. Lawyers can also hold negligent health care workers accountable for harming a baby.

Birth injury lawyers can:

  • Build a case against the doctors or nurses who delivered the child
  • File the case within the appropriate court of law
  • Gather supporting evidence, including witness testimonies and medical records
  • Help families receive financial compensation

Some birth injury cases award millions of dollars to families suffering from the effects of severe birth injuries.

If you believe your child suffered from a birth injury, you may be entitled to compensation. Get a free case review today to see if you qualify.

Need help with your child’s birth injury?

Get help paying for your child’s treatment.

Free case review

Birth injuries and medical negligence

While each case is different, some birth injuries could have been prevented with proper medical care.

Medical professionals have years — if not decades — of experience delivering babies. They should know how to safely prevent birth injuries or the dangerous conditions that may cause them.

Unfortunately, health care professionals sometimes make easily preventable mistakes that cause birth injuries. When this happens, it may be considered medical malpractice. Birth injury lawyers can hold medical professionals responsible for these negligent actions by filing a lawsuit.

Situations that may be considered medical negligence during childbirth include:

  • Failure to monitor signs of fetal distress
  • Failure to monitor or treat maternal infection
  • Failure to detect or treat oxygen deprivation (asphyxia) or lack of oxygen to the brain (hypoxia)
  • Failure to perform a necessary C-section (cesarean section)
  • Improper use of delivery tools such as forceps or vacuum extractor
  • Use of excessive or unnecessary force on the child’s head, neck, shoulders, or arms as they exit the birth canal

An experienced birth injury lawyer can help prove your child’s injury was caused by medical negligence in a court of law to help your family win compensation.

What types of cases do birth injury lawyers handle?

Birth trauma lawyers handle personal injury, wrongful death, and medical malpractice lawsuits. These lawyers represent families filing claims for many types of birth injuries.

Some cases that birth injury lawyers handle include:

A birth injury lawyer can assess your specific case to see if you are qualified to take legal action for your child’s injuries. From there, your lawyer can start building a case to help get compensation for medical bills and other expenses.

You do not need a formal diagnosis to get a free consultation with a lawyer. Our trusted team of registered nurses and patient advocates can help determine if you are eligible.

kristin proctor registered nurse

Kristin Proctor, RN

Registered Nurse for 20+ Years

kristin proctor registered nurse

Talk to a Nurse Now

Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.

What to look for in a birth injury lawyer

When looking for a birth injury lawyer, make sure you feel comfortable and trust they will do everything they can to help you win your case.

Do not feel obligated to work with the first lawyer you contact. Make sure you find a birth trauma lawyer who has the right qualifications and experience to ensure your claim is in good hands.

Learn about the characteristics of a top birth injury lawyer below.


It is important to work with a lawyer who has handled other birth injury cases similar to yours. If your lawyer has no prior experience with birth injury lawsuits, they may not know how to get the most amount of money possible in your case.

Working with an experienced lawyer who specializes in birth injury claims can give you the best chance at winning financial compensation.

National reach

Many birth injury lawyers work at national law firms that handle cases across the country. These law firms also have local offices to help families in different locations.

Birth trauma lawyers with national reach also know the statute of limitations in each state, which can help ensure your lawsuit is filed in a timely manner.

No upfront costs

Top birth injury lawyers do not charge any upfront costs. An experienced birth trauma lawyer will provide you with a free case evaluation and work on a contingency fee basis, meaning they will not collect any legal fees unless you win your lawsuit.


Birth injury lawyers also have access to valuable resources such as medical databases to help strengthen your claim.

Experienced staff members such as nurse case managers, medical experts, and others can help prove your child’s brain injury could have been prevented with proper care from health care providers.

Finding a birth injury lawyer

Medical professionals are expected to provide high-quality care and prevent any injuries during the birthing process. Sadly, small medical mistakes can lead to years of intensive treatment such as surgery, medication, and different types of therapy.

If your child suffered a severe and preventable birth injury, you should not have to pay for expensive medical treatment. Thankfully, a birth injury lawyer will fight on your behalf to obtain compensation that can cover medical bills and other costs related to a birth injury diagnosis.

If you believe your child’s birth injury was preventable, you may be able to work with a lawyer right now. Get a free case evaluation to see if your family qualifies.

Birth Injury Lawyer FAQs

When should I contact a birth injury lawyer?

You should contact a birth injury lawyer as soon as possible. Each state has a statute of limitations that sets a time limit on how long you have to file a lawsuit. If you do not file within the time frame, you will no longer be able to sue or get any money.

Working with a birth injury lawyer can ensure your claim is filed within the statute of limitations in your state.

How long will a birth injury attorney work on my case?

A birth trauma lawyer will work on your case until it is resolved. The time it takes to resolve a birth injury lawsuit can vary based on whether the case settles out of court or goes to trial.

Your lawyer will work with you from the beginning until the end of your lawsuit.

How much compensation could I receive?

It depends. According to a study by the TDC Group, the average medical malpractice payout for children under one month old was almost $1 million.

However, the value of your claim can vary based on the severity and type of your child’s injury, the state you live in, the total estimated treatment costs, and more.

Connect with a lawyer to get a better idea of your case’s value.

How much does a birth injury lawyer cost?

A birth trauma lawyer should come at no cost to you. Top birth injury attorneys work on a contingency fee basis, meaning they do not charge anything upfront and will only get paid if you win your lawsuit. If you win, your lawyer will take a small percentage of your earnings to cover legal fees.

Get a free case evaluation today to see if you can work with a birth injury lawyer at no cost.

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. Anderson, D., Dumont, S., Jacobs, P., & Azzaria, L. (2007). The personal costs of caring for a child with a disability: A review of the literature. Retrieved August 18, 2021, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1802121/
  2. Boeschen, C. (2011, October 10). Birth-Related medical malpractice. Retrieved August 18, 2021, from https://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  3. Darrell Ranum, J. (2019, March 20). Study of malpractice claims involving children. Retrieved August 18, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  4. Data and statistics for cerebral palsy. (2020, December 31). Retrieved August 18, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  5. Loftsgordon, A. (2013, November 26). Medical malpractice: Common errors by doctors and hospitals. Retrieved August 18, 2021, from https://www.nolo.com/legal-encyclopedia/medical-malpractice-common-errors-doctors-hospitals-32289.html
  6. Traumatic brain injury. (2021, February 04). Retrieved August 18, 2021, from https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557.
  7. What is malpractice? (n.d.). Retrieved August 18, 2021, from https://www.abpla.org/what-is-malpractice
  8. Withers, S. (2018, September 25). Medical malpractice lawsuits and the statute of limitations. Retrieved August 18, 2021, from https://www.nolo.com/legal-encyclopedia/medical-malpractice-lawsuits-the-statute-limitations.html
  9. Withers, S. (2018, September 25). What is required to file a medical malpractice lawsuit? Retrieved August 18, 2021, from https://www.nolo.com/legal-encyclopedia/what-required-file-medical-malpractice-lawsuit.html