Birth Injury Lawyer

A birth injury lawyer helps families impacted by medical mistakes made during childbirth hold negligent doctors accountable and seek financial compensation. This money can be used to help pay for medical treatments, long-term care, and more. See if a top birth injury attorney may be able to pursue justice for your family.

Get a Free Case Review

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 Icon

Fact-Checked and Legally Reviewed by:

Last updated:

What Are Birth Injury Lawyers?

A birth injury lawyer is a specialized personal injury attorney who helps families take legal action for birth injuries caused by medical negligence or malpractice.

Birth injuries can occur when a medical professional makes a preventable error before, during, or shortly after the birthing process.

Sadly, birth injuries can leave children with lifelong physical, developmental, and intellectual disabilities. The lifetime cost of care for a person with a serious birth injury is often over $1 million, which many parents may not be able to afford.

By working with a birth injury attorney, you may be able to secure compensation to help pay for these costs. Your attorney can also ensure that the negligent doctor is held responsible and prevent them from harming another infant.

How Birth Injury Attorneys Help Families

When taking legal action for your child’s condition, a birth injury attorney can make the process as easy and stress-free as possible. They have the experience and resources needed to handle a wide variety of cases.

A birth injury lawyer can:

  • Explain your rights and provide legal advice
  • Build your case by gathering evidence, like medical records, testimony from medical experts, and witness statements, showing what went wrong
  • File your birth injury lawsuit with the appropriate court before any legal deadlines
  • Negotiate settlements with all negligent health care providers and their insurance companies
  • Take your case to trial and pursue a verdict if a settlement isn’t reached

Attorneys who focus on birth injury medical malpractice cases are best positioned to get favorable results for families like yours and maximize the compensation they may receive. They can handle all aspects of a lawsuit, so you can focus on caring for your child.

“Their compassionate team understood the impact of our daughter’s birth trauma on our family. From the moment we reached out, they were very supportive, guiding us through the complex legal process with empathy and expertise. Their commitment to fighting for justice on behalf of families like ours gave us newfound hope.”

– Laura R., a client helped by birth injury lawyers in our network

See if we can connect you with an experienced birth injury lawyer near you during a free case review.

Birth Injuries & Medical Malpractice

If your child has a birth injury, you may find yourself wondering what went wrong and if you could have done anything to prevent the situation from happening.

In some cases, birth injuries are not avoidable or anyone’s fault. However, in other instances, birth injuries are caused by a health care provider’s error.

Some examples of medical errors that can cause birth injuries include:

  • Birth trauma indicated by low oxygen levels or heart rate, leading to a brain injury
  • Failing to perform an emergency cesarean section (C-section)
  • Ignoring signs of fetal distress or hypoxia (lack of oxygen)
  • Misusing forceps or a vacuum extractor
  • Not diagnosing or treating a maternal infection
  • Yanking too hard on an infant’s arm while they are in the birth canal

Doctors, nurses, and other health professionals have a duty to uphold a high standard of care when treating patients. When they fall short, they can — and should — be held accountable.

If you’re unsure whether your child’s birth injury was caused by medical malpractice, may be able to help.

Speak with one of our registered nurses for free

Call (888) 726-9160 right now if you think medical malpractice may have caused your child’s birth injury. Our labor and delivery nurses can listen to your story and determine if malpractice may have occurred.

Types of Cases a Birth Injury Attorney Handles

A birth injury attorney has the skills and resources to handle cases involving many different types of injuries.

Some common birth injury case types include:

  • Birth asphyxia (oxygen deprivation)
  • Brain damage
  • Cerebral palsy
  • Erb’s palsy (brachial plexus palsy)
  • Jaundice and kernicterus
  • Necrotizing enterocolitis (NEC)
  • Newborn cephalohematoma
  • Shoulder dystocia
  • Skull fractures
  • Spinal cord injuries
  • Umbilical cord problems
  • Wrongful death

Labor and delivery staff are trained to detect problems in advance and act quickly to reduce the risk of harm to the mother and newborn. A failure to do so may be considered birth injury medical malpractice.

If you have a case, a birth injury lawyer will gather evidence to show malpractice may be to blame for your child’s injury. They’ll vigorously fight for the compensation your family deserves.

Settlements and Verdicts Secured by Lawyers for Birth Injuries

It’s not unusual for a birth injury lawsuit to provide compensation of $1 million or more.

Together, the birth injury attorneys in the network have recovered over $917 million for families across the country affected by birth injuries.

Notable settlements and verdicts secured by our partner lawyers include:

  • $10.4 million to a Pennsylvania family for a child with cerebral palsy
  • $8 million for the family of a child injured by a vacuum extractor in New York
  • $7.8 million to a child in Florida who developed cerebral palsy from a birth injury
  • $6 million for the family of a child with cerebral palsy in California
  • $6 million to a New York family with a child with untreated jaundice
  • $5.1 million for a Texas child who suffered birth asphyxia
  • $5 million to a Massachusetts child who experienced brain damage during delivery
  • $4.5 million for a child with Erb’s palsy in Illinois
  • $4.1 million to a child who suffered fetal distress and umbilical cord strangulation
  • $2.8 million for the family of a child diagnosed with Erb’s palsy in Connecticut
  • Over $2 million to a child with a brachial plexus injury in North Carolina

Settlement amounts for birth injuries tend to be high due to the serious nature of these injuries that often require a lifetime of care.

Did you know?

In April 2024, birth injury lawyers secured a $32.5 million settlement for a 5-year-old boy with brain damage due to a lack of oxygen at birth. They alleged that doctors at Reading Hospital in Pennsylvania failed to provide the mother with antibiotics, even though she showed signs of an infection called chorioamnionitis, or respond to indications of fetal distress.

Call (888) 726-9160 now to see if we can connect you with a birth injury lawyer who can fight for the money your family deserves.

How Settlement Compensation Can Help

Settlements secured by a birth injury lawyer can be used to help pay for expenses related to your child’s care and provide them with the best future possible.

Birth injury settlement money can help pay for:

  • Adaptive equipment
  • Doctor visits
  • Home modifications
  • In-home care
  • Lost wages
  • Medications
  • Mobility aids
  • Motorized wheelchairs
  • Special education
  • Surgery
  • Therapy
  • And more

A birth injury lawyer can fight for a settlement that provides enough compensation to cover your child’s medical expenses and lifetime costs of care.

Qualities of a Top Birth Trauma Lawyer

A top birth trauma lawyer will have what it takes to stand up to deep-pocketed medical malpractice insurance companies and maximize financial payouts for clients.

Here are 5 qualities to look for in a birth injury lawyer:

  1. Experience: The best birth injury lawyers have many years of experience handling medical malpractice cases involving injuries at birth.
  2. National presence: Many birth injury attorneys work at national birth injury law firms that take cases in all 50 states. These firms also have local law offices to help people in different areas of the country.
  3. No upfront or hourly fees: A top birth injury attorney handles cases on a contingency basis, which means they take a percentage of your settlement or verdict award as payment at the end of your case. If they don’t recover money for you, you pay nothing.
  4. Resources: They have many resources to help support your claim, like registered nurses on staff and access to labor and delivery specialists. These resources can help prove your child’s injury was caused by medical negligence.
  5. Track record of success: Ideally, you should look for a birth injury lawyer who has a history of securing significant compensation for families like yours.

All of the birth injury lawyers in the network have these qualities and more. They’re also caring and compassionate legal practitioners who understand the pain and uncertainty that comes with a birth injury.

Get a free case review now to find out if you can work with a top birth injury lawyer in our network who can seek justice for your child.

When Should I Contact a Childbirth Injury Attorney?

It’s important to contact a childbirth injury attorney as soon as possible. There’s only a limited amount of time to file a birth injury lawsuit due to laws known as statutes of limitations.

Although statutes of limitations vary by state, many give parents 2-3 years to file a claim. However, in some states, parents only have 1 year after the date of injury to take legal action.

The clock starts ticking on the date you discovered or should have discovered your child’s injury.

If you don’t file your lawsuit within the deadline, you won’t be able to pursue justice for your child’s injury in the future.

Even if you believe time has run out, reach out to an attorney as there may be exceptions that apply.

Get Help From a Childbirth Injury Lawyer

If your child suffered a preventable birth injury, you may be worried about your child’s future and how you’re going to pay for their medical expenses.

Your family should not pay the price for someone else’s carelessness.

An experienced birth injury lawyer can pursue financial compensation to help you secure top treatments and medical care for your child — providing you with peace of mind and your child with the best quality of life possible.

The birth injury lawyers in the network never charge any upfront or hourly fees and have recovered over $917 million for families like yours.

Take action today: If you wait too long, you could lose your legal right to pursue compensation for your child’s birth injury forever.

Call (888) 726-9160 right now or complete our contact form to see if we can help you fight for your child’s future.

Attorney for Birth Injury FAQs

How much does the best birth injury lawyer cost?

The best birth injury attorneys charge no upfront or out-of-pocket fees.

They handle birth injury claims on a contingency basis, which means they get paid by taking a percentage of any money they recover for you. If they don’t win your case, you pay nothing.

How do I find top birth injury lawyers near me? can help you find a top birth injury lawyer in your area. We work with national law firms staffed with birth injury attorneys who can handle cases in all 50 states.

Get a free consultation now to see if we can connect you with an attorney.

What types of cases does a birth injury lawyer handle?

A birth injury lawyer handles many different types of cases that deal with preventable injuries suffered by a child before, during, or shortly after childbirth.

Types of birth injuries these attorneys handle include:

  • Brachial plexus palsy (Erb’s palsy)
  • Brain damage
  • Cerebral palsy
  • Cephalohematoma (bleeding in the skull)
  • Hypoxia (oxygen deprivation)
  • Hypoxic-ischemic encephalopathy
  • Shoulder dystocia
  • And more

A birth injury attorney will have the skills, resources, and experience to handle these and other medical malpractice cases and secure maximum compensation for affected families.

What qualities should I look for in a birth injury medical malpractice attorney?

Qualities to look for in a birth injury malpractice lawyer include:

  • A track record of success
  • No upfront or hourly fees
  • On-staff labor and delivery nurses
  • Years of experience

Each birth injury lawyer in the network has these qualities and more. Our legal partners can handle cases in all 50 states and have secured over $917 million for families nationwide affected by birth injuries. Icon

Fact-Checked and Legally Reviewed by: makes it easier to take legal action. We have information, lawsuit guides, and breaking news about drugs, products, and other issues that could affect you.

  1. 69News. (2024, April 16). “Attorneys reach $32.5M settlement against Reading Hospital in birth injury case.” Retrieved June 5, 2024, from
  2. Centers for Disease Control and Prevention (CDC). “Data and statistics for Cerebral Palsy.” Retrieved June 5, 2024, from
  3. Katz, R. T., & Johnson, C. B. “Life Care Planning for the child with cerebral palsy. Physical medicine and rehabilitation clinics of North America.” Retrieved June 5, 2024, from
  4. Ranum, D. “Study of malpractice claims involving children.” The Doctors Company (TDC Group). Retrieved June 5, 2024, from
  5. Sokolove Law. (2024, June 1). “Birth Injury Lawyer.” Retrieved June 5, 2024, from
Last modified:

See If We Can Help You

If you or someone you love has suffered an injury as a result of someone else’s negligence, please complete our form for a free case review. You may be eligible for compensation.

A couple review documents with an attorney

Find out if you qualify now for free. Call (888) 726-9160

Trusted Legal Exports Badge Get a Free Birth Injury Case Review
$900 Million

Over $900 million recovered for birth injuries

$1 Million

Average birth injury lawsuit payout

$0 Out of Pocket

Our legal partners never charge any upfront fees