What is a birth injury lawyer?
Birth injury lawyers are specialized personal injury attorneys who pursue justice for newborns affected by preventable injuries.
Many birth injuries are severe and leave children with physical and intellectual disabilities. Lifelong treatment may be needed to manage symptoms and provide the best quality of life.
Sadly, many families are not prepared to pay for these unexpected medical expenses. Around 40% of families struggle to pay for costs associated with their child’s disability, according to a study by Massachusetts General Hospital. However, birth injury lawyers may be able to help.
Watch our short video to learn about what birth injury attorneys do.
Learn how a birth injury lawyer can help your family pursue justice and secure the compensation needed for your child's ongoing care. View Transcript.
Duration: 1 min 36 sec
Birth injury lawyers are specially trained personal injury attorneys who help families affected by medical mistakes that were made during the birthing process. If your child was harmed before, during, or shortly after delivery, you may be able to work with a birth injury lawyer.
These dedicated attorneys understand the challenges faced by families dealing with birth trauma. They work tirelessly to help you pursue life-changing financial compensation to cover your child's ongoing treatment costs and care needs.
Birth injury lawsuits can be complex. But top birth injury lawyers have extensive experience handling these cases. They also have the knowledge and expertise necessary to navigate the legal process for you, allowing you to get a clear understanding of your family’s rights.
Birth injury attorneys have helped many families just like yours, and they understand the emotional toll these traumatic events can have. You can rest assured that they will remain committed to standing by you every step of the way.
If your child suffered harm during childbirth that you believe could have been prevented, take action now. The team at Cerebral Palsy Guide can connect you with an experienced birth injury lawyer if you qualify. There is no cost or obligation to discuss your case in confidence and find out about your family’s legal options.
To learn more about how birth injury lawyers can help your family, contact us right away for a free, confidential case review. Don't wait—take the first step toward receiving the justice and financial support your child deserves.
Lawyers for birth injuries can pursue money to help cover the cost of care and hold negligent health care providers accountable for the devastation they caused.
- Evaluate the circumstances of your child's birth to establish medical malpractice
- File your birth injury lawsuit with the appropriate court, meeting set deadlines
- Gather supporting evidence, like witness testimonies and medical records
- Negotiate with powerful insurance companies to get financial compensation
Some birth injury cases award millions of dollars to families suffering from the effects of severe birth injuries.
Cerebral Palsy Guide partners with an extensive network of top birth injury lawyers who can help families in all 50 states.
If you believe your child’s condition could have been avoided, you may be able to access much-needed financial support.
Get a free case review right now to see if you qualify.
How much compensation can birth injury lawyers get?
Birth injury lawyers have helped families receive multimillion-dollar lawsuit payouts. That said, birth injury settlements and verdicts vary, depending on the specifics of each situation.
Cerebral Palsy Guide partners with some of the best birth injury law firms in the country. Together, they have helped families of children with birth injuries secure over $1 billion.
- Over $10.4 million for a Pennsylvania family of a child with cerebral palsy (CP)
- $8 million for a New York child with a vacuum extraction injury
- $7.8 million for a Florida family whose child developed CP
- $6 million for the family of a child in California with CP
- $5.1 million for a Texas family whose child suffered from neonatal asphyxia
- $5 million for a Massachusetts child who suffered brain damage during delivery
- $4.5 million for a family in Illinois whose child developed Erb’s palsy
- Over $2 million for a North Carolina family of a child with a brachial plexus injury
While compensation in birth injury cases varies, working with a skilled birth injury lawyer can help ensure your family gets the most money possible.
If your child was harmed, you may be able to access financial compensation.
Call us right now at (855) 220-1101 or Click to Live Chat to see if you qualify.
Working with a birth injury lawyer
If your baby was harmed during childbirth, a birth injury lawyer can help you navigate the complex legal process and pursue the compensation your family deserves.
When you work with a birth injury lawyer to file a lawsuit, they will guide you through several key stages. Learn about the typical steps below.
1. Provide a free consultation
The first step 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 could have a valid case. Get your free case review right now.
2. Collect evidence
If your birth injury lawyer believes you have a valid claim, your legal team will conduct a thorough investigation and collect detailed evidence.
Evidence needed in birth injury lawsuits 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 birth injury lawyer will use this evidence to prove medical malpractice and build a strong case.
3. File your birth injury lawsuit
After reviewing the evidence and determining that medical professionals failed to provide a high level of care, your birth injury lawyer will file your birth injury lawsuit. This formal legal action starts the process of seeking compensation from those responsible.
4. Negotiate on your behalf
Lawyers for birth injuries skillfully negotiate with negligent medical professionals and their insurance companies on your behalf. The goal is to reach a settlement that covers your child's medical expenses, ongoing care, and other related costs. If a settlement can’t be reached, the case may go to court.
5. Represent you in court
If your case goes to trial, your birth injury lawyer will continue fighting for your family in court. They will present the evidence, make legal arguments, and advocate for your family’s best interests to secure the maximum compensation possible for your child's injuries.
Birth injuries and medical negligence
Medical professionals have years — if not decades — of experience delivering babies. They are trusted to know how to safely prevent birth injuries or the dangerous conditions that may cause them.
Unfortunately, health care professionals sometimes make 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:
- Applying excessive force on the child as they exit the birth canal
- Failing to monitor for signs of fetal distress, like lack of oxygen (asphyxia)
- Misusing delivery tools such as forceps or vacuum extractors
- Neglecting to treat maternal infections like group B strep
- Not performing a necessary C-section (cesarean section)
An experienced birth injury lawyer can help get to the bottom of what caused your child's condition. If medical malpractice played a role, they can take legal action on your behalf, guiding you through the entire process.
What types of cases do birth injury lawyers handle?
Lawyers for birth injuries handle personal injury and wrongful death lawsuits that involve medical malpractice. Birth injury lawyers represent families in many types of situations.
- Brain damage: Injury to the brain that can cause neurological and physical impairments
- Cerebral palsy: A group of disorders affecting muscle control and movement, usually due to brain injury
- Erb’s palsy: Paralysis of the arm caused by injury to the brachial plexus (nerves controlling arm and hand movement)
- Hydrocephalus: Buildup of cerebrospinal fluid (clear liquid surrounding the brain and spinal cord), causing pressure and potential brain damage
- Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by lack of oxygen and blood flow during birth
- Infant meningitis: Infection of the membranes covering the brain and spinal cord, leading to serious complications
- Intrauterine fetal demise (stillbirth): The death of a baby before birth after the 20th week of pregnancy
- Intraventricular hemorrhage (IVH): Bleeding in the brain’s cavities (ventricular system), potentially leading to brain damage
- Kernicterus: Brain damage caused by high levels of bilirubin (a yellow pigment from red blood cell breakdown) in the blood, often due to severe jaundice
- Meconium aspiration syndrome (MAS): Breathing problems caused by a newborn inhaling amniotic fluid containing their first feces
- Periventricular leukomalacia (PVL): Brain damage to the white matter near the ventricles (cavities), often affecting motor control
- Shoulder dystocia: Complication during delivery when the baby's shoulder gets stuck behind the mother’s pubic bone
You do not need a formal diagnosis to get a free consultation. Our trusted team of registered nurses and patient advocates can help determine your eligibility.
Call us right now at (855) 220-1101 to find out if we can connect you with a top birth injury lawyer in your area.
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.
Learn about the characteristics of top birth injury lawyers below.
Experience with birth injury cases
It’s important to work with a lawyer who has handled 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 money possible in your case.
Working with an experienced birth injury lawyer can give you the best chance at securing maximum financial compensation.
History of winning birth injury settlements
Look for a lawyer with a proven track record of winning birth injury settlements and verdicts. This shows they have the skills and knowledge to successfully handle complex cases and secure the compensation your family deserves.
The birth injury lawyers in our network have recovered over $1 billion for families impacted by avoidable birth injuries. Call us right now at (855) 220-1101 to find out if they may be able to help your family, too.
No upfront costs
Top birth injury lawyers do not charge any upfront or hourly fees. 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 they secure money for you.
Access to resources
The best birth injury lawyers also have access to valuable resources to help strengthen your claim. They'll work with an experienced team of nurse case managers, medical experts, and others who can help prove your child’s condition could have been prevented with proper care.
Many families experience frustration with medical professionals and feel their concerns were ignored during childbirth. This means they are left with many unanswered questions that can be the source of great stress.
The birth injury lawyers we work with have experienced labor and delivery nurses on staff. They are available to answer your questions and talk through what could have happened to your child.
Connect with one of our registered nurses right now.
Kristin Proctor, RN
Registered Nurse for 20+ Years
When should I hire a birth injury lawyer?
Consider reaching out to a birth injury lawyer as soon as you suspect medical providers may have made mistakes that caused your child’s condition.
It’s essential to act quickly because there’s a strict window of time to file lawsuits, known as the statute of limitations. Once this deadline passes, you won’t be able to pursue compensation through legal action.
Each state has a specific deadline for birth injury cases, making it necessary to consult a lawyer who understands the laws in your area.
This can be crucial in cases involving newborn injuries because they aren’t always easy to spot right away. Many families may not realize their child has been hurt until they get older and start missing developmental milestones.
By working with an experienced birth injury lawyer, you can ensure your case is filed before your deadline, even if you don’t have an official diagnosis yet.
Don’t wait to learn about your legal options.
Get help from a birth injury lawyer
Medical professionals must provide high-quality care and prevent injuries during the birthing process. Sadly, medical mistakes can lead to years of intensive treatment like surgery, medications, and different types of therapy.
If your child suffered a severe and preventable birth injury, you should not have to pay for someone else's mistake. Thankfully, a birth injury lawyer can fight to pursue compensation for medical bills and other costs related to a birth injury diagnosis.
Our experienced legal partners can help families in all 50 states. Together, they have recovered over $1 billion for birth injuries.
Call a patient advocate at Cerebral Palsy Guide right now at (855) 220-1101 or get a free case review to find out if we can help you seek justice.
