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Birth injury lawsuit settlements

Birth injury lawsuit settlements provide financial compensation to help cover medical expenses, treatment, and lifelong costs associated with caring for a child with a disability. If your family is facing unexpected expenses and you believe your child's birth injury may have been caused by medical negligence, filing a birth injury lawsuit may be the best option. Learn more now and find out if you qualify to pursue a birth injury settlement.

What is a birth injury settlement?

Close-up of a lawyer and client reviewing birth injury settlement documents together.

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.

Examples of negligence that can lead to birth injuries include:
  • 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.

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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.

Here are some birth injury lawsuit settlements and verdicts our legal partners have obtained:
  • 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.

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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.

Here are some conditions that often result in birth injury lawsuit settlements:

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

A doctor wearing a stethoscope makes notes on a clipboard filled with paperwork.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.

Need help with your child’s birth injury?

Get help paying for your child’s treatment.

Free case review

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.

Birth injury lawsuit settlements FAQs

What are birth injuries due to negligence?

Birth injuries due to negligence occur when health care providers fail to meet the appropriate standard of care during childbirth, harming the baby.

Some examples of medical negligence include:

  • Failing to perform an emergency C-section
  • Improper use of delivery tools
  • Not detecting and managing signs of fetal distress

What is considered a birth injury?

A birth injury is harm or trauma that occurs before, during, or shortly after childbirth.

Some examples of birth injuries are:

  • Brain damage
  • Cerebral palsy
  • Erb's palsy
  • Hypoxic-ischemic encephalopathy (HIE)
  • Kernicterus (untreated jaundice)
  • Skull and scalp injuries

Birth injuries can have long-term effects on the child's health and development. In many cases, they also require lifelong medical care.

What birth injuries get the highest settlements?

While it's impossible to predict specific settlement amounts, cases involving severe birth injuries that require lifelong care have the potential for higher settlements. For example, cases involving cerebral palsy often settle for more than $1 million.

An experienced birth injury lawyer can help you determine how much your case may be worth. Get a free legal case review now.

Who is responsible for paying a birth injury settlement?

Almost all health care providers have medical malpractice insurance. In most cases, the insurance company is responsible for paying settlement money.

How long will it take to get the money from a birth injury settlement?

Once your case has been settled, you can generally expect to receive your payout within three to six weeks.

However, the length of time can vary based on individual circumstances, such as which bank is being used or the payment terms agreed on between parties.

Will working with a lawyer get me a higher birth injury settlement?

While working with a lawyer does not guarantee a higher birth injury settlement, it can increase your chances of getting the best possible outcome for your case.

An experienced birth injury attorney can provide valuable legal guidance, gather evidence, negotiate on your behalf, and navigate the complex legal process to maximize your potential settlement amount.

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. Centers for Disease Control and Prevention. (2022, June 22). Infant mortality. Retrieved August 1, 2023, from https://www.cdc.gov/reproductivehealth/maternalinfanthealth/infantmortality.htm
  2. Merck Manual Consumer Version. (2022, October). Birth injuries in newborns. Retrieved August 1, 2023, from https://www.merckmanuals.com/home/children-s-health-issues/general-problems-in-newborns/birth-injuries-in-newborns
  3. National Library of Medicine. (2022, August 29). Birth trauma. Retrieved August 1, 2023, from https://www.ncbi.nlm.nih.gov/books/NBK539831/
  4. Sokolove Law. (2023, July 26). Birth injury lawsuit. Retrieved August 1, 2023, from https://www.sokolovelaw.com/birth-injuries/lawsuit/
  5. Stanford Medicine Children’s Health. (n.d.). Birth injuries. Retrieved August 1, 2023, from https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687