Birth Injury Lawsuit

If a health care provider’s mistake harmed your child during labor or delivery, you may be able to file a birth injury lawsuit. These legal claims award over $1 million on average, helping families cover medical bills, therapy, lifelong care, and more. See if you may be able to take legal action.

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Why Take Legal Action?

By filing a birth injury lawsuit, you can seek financial compensation to provide your child with the care they need to live their best life.

Results Secured

$10.4 million for a Pennsylvania child with cerebral palsy
$5 million for a Massachusetts child with brain damage
$4.5 million for a child in Illinois with Erb’s palsy

Written by: Rae Theodore

Last updated: Jul 11, 2025

Fact-Checked and Legally Reviewed by: Katie Lavender, RN

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is a type of medical malpractice claim allowing families to seek compensation if their child’s condition was caused by a preventable medical error before, during, or shortly after delivery.

Birth injury lawsuits can be filed against obstetricians, other doctors, nurses, midwives, or the hospital where the injury occurred.

Compensation from a birth injury lawsuit can help cover:

Assistive technology and mobility aids
Emotional distress
In-home care and special education services
Ongoing medical treatment

LawFirm.com works with birth injury lawyers who have secured over $1 billion to date. Our legal partners never charge any upfront costs or hourly fees and can help families in all 50 states.

If you believe your child’s birth injury may have been caused by medical negligence, we may be able to help you seek compensation.

Our team includes registered nurses with decades of experience who can listen to your story and help determine if malpractice occurred. Get started right now with a free case review.

Birth Injury Lawsuit Verdicts & Settlements

Most birth injury lawsuits are resolved through out-of-court settlements. Birth injury lawsuit settlements allow families to access compensation more quickly and often without the hassle of going to court.

LawFirm.com works with leading birth injury law firms that have recovered hundreds of millions of dollars for families nationwide.

Birth injury settlements and verdicts secured by our legal partners include:

$10.5 million for a child in Missouri with cerebral palsy due to malpractice
Over $10.4 million on behalf of a Pennsylvania child with cerebral palsy
$9.67 million for a child in Massachusetts injured during delivery
$8 million to a child in California with a brain injury from vacuum extractor injuries
$7 million on behalf of a Michigan child with cerebral palsy due to malpractice at birth
$6.5 million to a child in Washington with cerebral palsy
$6 million for a child in New York with untreated jaundice
$5.9 million to a Texas child who suffered oxygen deprivation from delayed medical care
$4.5 million for a child with Erb’s palsy in Illinois
$4 million to a child in New Jersey who suffered umbilical cord strangulation and fetal distress
$3.3 million for a New Hampshire family affected by cerebral palsy
Nearly $3 million to a child in Connecticut with a brachial plexus injury
$7.8 million for a Florida family whose child developed cerebral palsy
$9 million to an Alaska family whose child was hurt by a vacuum extractor

The amount of money you may receive from a birth injury lawsuit depends on the severity of the injury, the cost of long-term medical care, and other factors.

“The doctor who delivered my baby was pulling way too hard, and we later learned he had a brachial plexus injury. I’m still paying for occupational therapy, and the costs are overwhelming. I honestly don’t know what I’d do without the firm’s help with the medical bills.”

– Mother in Maryland who worked with our partner firm

LawFirm.com can help you take the first step toward pursuing a birth injury lawsuit settlement.

Call (888) 726-9160 right now or chat with a case manager to see if you may be eligible for compensation from a birth injury lawsuit.

Who Can File Childbirth Injury Claims?

Parents or legal guardians may be able to file a birth injury claim if their child was harmed by a medical mistake before, during, or shortly after delivery.

Even if your child hasn’t received an official diagnosis, you may still qualify to file a birth injury lawsuit if you suspect errors were made.

At LawFirm.com, we have on-staff registered nurses with decades of labor and delivery experience. They can help you understand what may have happened — for free.

“I’m here to listen and use my medical training and experience to help identify things that may have gone wrong during birth.”

– Kristin Proctor, registered nurse and LawFirm.com case manager

Birth injury claims must be filed within strict legal deadlines, which vary by state. If you wait too long, you may lose the right to pursue compensation.

Get a free case review right now to see if you may qualify to file a birth injury lawsuit.

Types of Birth Injury Malpractice Cases

Parents have successfully filed birth injury malpractice lawsuits and secured compensation for a wide range of injuries caused by medical negligence.

Common birth injuries that may result in legal action include:

Brachial plexus injury
Brain damage
Broken bones
Cerebral palsy
Delayed cesarean section (C-section) injuries
Erb’s palsy
Forceps or vacuum extraction injuries
Hypoxic-ischemic encephalopathy or HIE (lack of oxygen or blood flow to the brain)
Intraventricular hemorrhage (IVH), a type of brain bleed
Necrotizing enterocolitis
Newborn cephalohematoma
Shoulder dystocia (baby’s shoulders stuck behind the mother’s pubic bone)
Skull fractures
Spinal cord injuries
Umbilical cord strangulation
Untreated jaundice
Wrongful death

This is not a complete list. If your child suffered a different type of harm not shown above, you may still be eligible to file a birth injury lawsuit.

Steps in the Birth Injury Lawsuit Process

Filing a birth injury lawsuit may feel overwhelming, but working with an experienced law firm can make the process as easy and stress-free as possible. Your legal team will handle every step, so you can focus on your child’s health and well-being.

Learn more about what’s involved in filing childbirth injury lawsuits below.

1. Get a Free Case Review

At LawFirm.com, the birth injury law firms in our network offer free case reviews, so you can find out if you may be able to take legal action without any financial risk.

You don’t need a formal diagnosis to get started. A birth injury lawyer and their support team can listen to your story, review medical records, and determine if medical negligence may have occurred.

Take the first step toward justice and compensation with a free case review.

2. Gather Evidence

Once you qualify, your birth injury legal team will collect evidence to support your claim.

Evidence for birth injury lawsuits may include:

Expert medical opinions
Medical records from pregnancy, labor, and delivery
Witness statements from family or delivery staff

This evidence helps your team prove that medical malpractice occurred, identify who’s legally responsible, and estimate the amount of compensation you may be entitled to.

3. File a Birth Trauma Lawsuit

After gathering evidence, your attorney will file the paperwork for your birth trauma lawsuit. You will be the plaintiff and the health care providers or hospital responsible for the injury will be named as defendants.

Your team will make sure your birth injury lawsuit is filed before your state’s statute of limitations expires. These deadlines are strict, and if you miss them, you may lose your right to seek compensation.

4. Access Compensation

After both sides have gathered evidence, your birth injury lawyer will begin settlement negotiations with the defendant’s legal team.

Did you know?

Almost all birth injury lawsuits end in settlements, meaning most families never have to go to court.

Your lawyer will fight for enough money to cover your child’s lifetime care needs, helping ease any financial worries.

In the rare event that a settlement can’t be reached, your birth injury lawsuit may go to trial. A judge or jury will then review the evidence and decide whether medical malpractice occurred and how much compensation should be awarded.

How Compensation for Birth Injury Medical Malpractice Can Help

Children with serious birth injuries may need lifelong care and support. Compensation from a birth injury medical malpractice lawsuit can help cover medical expenses, therapies, and daily care.

Birth injury lawsuit compensation can allow you to afford:

Adaptive equipment
Home modifications
Medications and medical supplies
Mobility aids like braces and wheelchairs
Occupational and physical therapy
Special education services
Speech therapy
Surgery or medical procedures
Vehicle modifications
And more

By working with an experienced birth injury attorney, you can increase your chances of getting the compensation your child needs — now and in the future.

Get a free case review now to see if we can connect you with a trusted attorney who may be able to file a birth injury lawsuit and pursue maximum compensation on your behalf.

How Long Do I Have to File a Birth Injury Lawsuit?

You must file your birth injury lawsuit within your state’s statute of limitations — a legal deadline that determines how long you have to take action.

In most states, the deadline to file a birth injury claim is 2-3 years from when the injury is discovered. However, some states give you as little as 1 year to file.

These deadlines vary and depend on specific details, like when the injury was identified, so it’s important to consult with a birth injury lawyer as soon as possible.

If you miss the deadline, you may lose your right to pursue compensation and hold the health care providers who harmed your child accountable.

Even if you think the deadline has already passed, don’t assume you’re out of options. An experienced lawyer can determine the exact deadline that applies to your case and identify possible exceptions that may extend your filing window.

Call (888) 726-9160 right now or chat with a case manager to find out if you may still have time to file a birth injury lawsuit and pursue justice for your child.

2025 Update: Recent Birth Injury Case Values

In 2025, several birth injury cases resulted in high-dollar settlements and verdicts, reflecting the lifelong care needs and suffering experienced by families.

Notable birth injury lawsuit case values include:

$29 million from a Wisconsin jury to a family whose child developed cerebral palsy after a nurse midwife failed to respond to fetal distress, causing prolonged oxygen deprivation and permanent brain damage
$17 million in a settlement payout in New Jersey for a child who developed cerebral palsy and HIE after a delayed C-section in a high-risk pregnancy, resulting in oxygen deprivation at birth
$16 million awarded in South Carolina to the family of an infant who died after hospital staff failed to perform a timely C-section despite signs of fetal distress and oxygen deprivation
$10.2 million to a Wisconsin family whose child developed cerebral palsy after excessive use of the labor-inducing drug Pitocin caused oxygen deprivation and permanent brain damage
$25 million awarded in Georgia to a family after two OB-GYNs failed to diagnose and manage the mother’s severe preeclampsia, leading to a stillbirth

Successful birth injury lawsuits provide compensation that families can use to help pay for lifetime care for their children and give them the best life possible.

Get Help Filing a Birth Injuries Lawsuit

If your child was harmed before, during, or shortly after birth, you may be eligible to take legal action. A birth injuries lawsuit can help your family seek the financial support needed for lifelong care, therapy, and a better quality of life.

At LawFirm.com, we work with experienced birth injury attorneys who have recovered over $1 billion for families just like yours.

The birth injury law firms in our network:

Can handle birth injury lawsuits in all 50 states
Have a proven track record of success
Never charge any upfront costs or hourly fees

Call (888) 726-9160 right now or fill out our form for a free case review to take the first step toward compensation and justice for your family.

Birth Injury Lawsuits FAQs

How to sue for birth injury?

To sue for a birth injury, you’ll need to work with an experienced birth injury lawyer who can file a medical malpractice lawsuit on your behalf.

Suing for a birth injury typically involves:

Getting a free case review to determine if malpractice occurred
Gathering evidence like medical records and expert testimony
Filing the lawsuit within your state’s statute of limitations
Seeking a settlement or going to trial if an agreement isn’t reached

An attorney can handle all legal steps while you focus on your child’s care. Most birth injury lawyers work on a contingency basis, so you pay nothing unless your case is successful.

Get a free case review to see if we can help you sue for a birth injury.

Can you sue a hospital for a traumatic birth?

Yes, you may be able to sue a hospital for a traumatic birth if the facility or its staff contributed to your child’s injury.

Hospitals can be held legally responsible for:

Employing negligent doctors or nurses
Failing to monitor fetal distress or vital signs
Ignoring known risks or patient concerns
Not having proper protocols in place for emergency care

A birth injury lawyer can see if you have a valid medical malpractice claim against a hospital and help you take legal action. If your case is successful, you may receive compensation for your child’s medical care, therapy, and other expenses.

Call (888) 726-9160 now to see if you may be able to sue a hospital for birth trauma.

How long does a birth injury lawsuit take?

The length of a birth injury lawsuit can vary based on factors like the complexity of the case and whether the case settles or goes to trial. On average, these lawsuits can take several months to a year or more to resolve.

Working with an experienced birth injury attorney can help streamline the process. Your legal team will work to reach a settlement as quickly as possible and keep you informed at every stage.

While every case is different, most birth injury lawsuits are resolved through settlements before reaching trial, which can shorten the timeline significantly.

How long after birth can you sue for malpractice?

There is only a limited amount of time to sue for malpractice after the birth of your child. How long you have depends on several factors, like the state in which your baby was born and when they were diagnosed with a birth injury.

In most states, parents have 2-3 years from the date they discovered their child’s injury to file birth injury lawsuits against negligent medical professionals. In other states, the filing deadline can be as short as 1 year.

To protect your legal rights, it’s best to speak to a personal injury attorney as soon as possible.

How do I get compensation for a birth injury?

To seek compensation for a birth injury, your first step is to contact an experienced birth injury lawyer. If medical negligence contributed to your child’s injury, your attorney can file a medical malpractice lawsuit on your behalf and fight for a settlement or court award.

Compensation can cover medical expenses, long-term care, and more. In some cases, families have received millions of dollars. For example, a Michigan family was awarded $7 million after a birth injury caused their child to develop cerebral palsy.

At LawFirm.com, we may be able to connect you with a trusted birth injury attorney near you who can fight hard for everything you deserve. Call (888) 726-9160 or chat with a case manager to see if you qualify.

What happens in a birth injury lawsuit consultation?

During a birth injury lawsuit consultation, a legal team — often including a nurse or case manager — will listen to your story, ask questions about your pregnancy and delivery, and review any medical records if available.

The consultation is free and helps you understand your legal options. You do not need a formal diagnosis to get started.

How do I find a lawyer to file a birth injury lawsuit near me?

To find a birth injury lawyer near you, look for a law firm that specializes in medical malpractice and birth injury cases. These firms have the experience and resources to help families get justice and compensation for preventable birth injuries.

At LawFirm.com, we can connect you with top birth injury attorneys in your area.

Get a free case review now to get help filing a birth injury lawsuit.

Fact-Checked and Legally Reviewed by: Katie Lavender, RNRegistered Nurse

Editor

Katie Lavender has over 8 years of experience as a registered nurse (RN), providing direct care to mothers and babies after childbirth. She brings her hands-on experience in the field of labor and delivery to the LawFirm.com team, helping ensure that our birth injury content is correct and up to date.