What is a birth injury settlement?
A birth injury settlement is financial compensation awarded through a birth injury lawsuit. Birth injury lawsuit settlements are negotiated payouts meant to cover medical expenses, treatment, and other costs related to caring for a child with a disability.
Birth injury lawsuit settlements aim to ease the financial burden and ensure quality long-term care for the injured child.
Eligibility for birth injury lawsuit settlements
If your child suffered a birth injury due to a medical professional’s mistake, you may qualify for a birth injury settlement.
When a medical provider's actions cause harm to a patient, it can be considered medical negligence.
- Failure to diagnose and treat maternal or infant infections
- Failure to monitor and manage fetal heart rate or fetal distress
- Failure to perform a necessary cesarean section (C-section)
- Improper use of forceps or vacuum extraction delivery tools
- Using excessive force when guiding an infant out of the birth canal
If you are not sure whether medical malpractice played a role in your child’s birth injury, we have nurses on staff who can help.
They have extensive experience with labor and delivery malpractice cases and can help determine if you qualify to pursue a birth injury lawsuit settlement.
There is no cost or obligation to connect with one of our registered nurses in confidence.
Birth injury settlement amounts
Birth injury lawsuit settlements vary based on the specific circumstances of each case. However, legal experts estimate that $1 million is the average birth injury settlement payout for a child under 1 month old.
Our partner law firms have helped recover $862 million for families with children injured at birth.
- More than $10.4 million for a child with cerebral palsy
- $8 million for complications from a vacuum delivery
- Almost $6 million for a child who suffered oxygen deprivation
- $4.5 million for a child with Erb’s palsy
- More than $4 million for umbilical cord strangulation and fetal distress
It is important to remember that birth injury lawsuit settlements can vary greatly. A skilled birth injury lawyer can help you better understand what your case may be worth.
Get a free legal case review now to see if we can connect you with a birth injury lawyer near you.
Factors that affect birth injury lawsuit settlements
Birth injury lawsuit settlements are influenced by many factors, including the type of birth injury involved.
The following factors play an important role in the amount of compensation awarded in birth injury lawsuit settlements.
Severity of the birth injury
Birth injuries can range from mild to severe, with more severe injuries typically involving permanent impairment or disability. The severity of a birth injury depends on what medical issue is involved.
- Brain bleeds or hemorrhages
- Brain damage
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Hypoxic-ischemic encephalopathy (HIE)
- Intrauterine fetal demise
- Kernicterus (severe brain damage caused by untreated jaundice)
- Skull and scalp injuries
Extent of medical expenses
Birth injury settlement amounts are determined by the past, present, and future medical treatments a child needs.
Compensation from a birth injury settlement aims to ease the financial burden of caring for a child with a disability. So the extent of medical expenses directly influences the settlement amount.
Higher birth injury lawsuit settlements are typically awarded when families have significant medical bills due to the birth injury.
Effects on quality of life
Depending on the extent of the birth injury, a child’s quality of life can be significantly impacted.
This may be especially true for birth injuries that result in limited or no mobility or that cause severe neurological impairments.
Other damages
In addition to medical costs and expenses, a child can also receive damages for loss of income if their condition prevents them from being able to work in the future or limits the type of work they are able to perform.
This can also be true for a parent or caregiver if they can no longer work because their child needs full-time care.
How to obtain birth injury lawsuit settlements
Birth injury lawsuit settlements are obtained by filing a lawsuit. The following steps are usually involved.
1. Seek help from a birth injury lawyer
An experienced birth injury attorney can help you determine if you have a medical malpractice claim and guide you through the legal process. They can also help you develop a life care plan to ensure your child’s future care.
2. Gather evidence
Your child's medical records are vital for your birth injury lawsuit. Your attorney can oversee the collection of evidence like medical bills, diagnostic test results, and physician or nurse notes, to build a strong case and prove medical malpractice.
Depending on the circumstances of your case, your attorney may consult medical experts to help prove your case.
These experts can provide an opinion stating that the health care professionals responsible for your child's birth injury acted negligently or failed to meet the standard of care.
3. Identify the responsible party
A birth injury lawsuit may be filed against one or more health care providers, including a doctor, nurse, or hospital. These parties become the defendants.
4. File your birth injury claim
Each state has laws called statutes of limitations that place deadlines around how long you have to take legal action. So it is critical to file your lawsuit on time, or you could be forever barred from doing so.
The statute of limitations in birth injury cases can be complex. Working with an experienced birth injury law firm is the best way to make sure a lawsuit is filed before any deadlines.
Get a free legal case review now to find out if you are eligible to file a birth injury claim.
Get started on your birth injury lawsuit today
If your child is living with a birth injury and the unexpected challenges it can bring, seeking justice through a birth injury settlement may be the best option for your family.
At Cerebral Palsy Guide, we understand the emotional and financial impact of birth injuries on families. Our compassionate team, along with our trusted legal partners, are dedicated to helping you navigate the legal process while providing emotional support along the way.
Connect with us now to find out if we can help you pursue the financial compensation your family needs and deserves.
To get started with a free consultation, call (855) 220-1101 or fill out our case review form.
