Birth Injury Lawsuit

What to Know About Birth Injuries & Lawsuits

It’s shocking and scary for new mothers to learn that their child suffered a birth injury like cerebral palsy, Erb’s palsy, or brain injuries. In some cases, these injuries could have been prevented with proper medical care. A lawsuit can help families more easily afford treatment and get a measure of justice.

Caring attorneys at dedicated law firms handle the birth injury lawsuit process on behalf of families, making it much easier. This means mothers can focus on getting their child treatment with fewer worries about covering the costs.

Here’s what to know about filing a child birth injury lawsuit:

• Some birth injury lawsuit settlements pay out $1 million or more
• Our legal partners can handle birth injury claims in all 50 states
• The lawyers we work with have secured $1.1 billion for birth injury lawsuits
• There’s no upfront cost to file a birth injury claim with our help

At Her Case Matters, our legal partners work to help families file birth injury lawsuits to pursue the support and compensation they need. Get a free case review now to find out your eligibility.

Who Can File Birth Injury Claims?

If a preventable medical mistake caused your child’s birth injury, it may mean that your family has grounds to file a birth injury lawsuit and pursue compensation.

In most cases, a parent or legal guardian can file a birth injury claim on behalf of an injured child. Some states also allow children to pursue legal action after reaching adulthood, depending on the circumstances.

You may be able to file a birth injury lawsuit if:

• Your child has a serious health issue or condition
• The problem is found to have stemmed from birth complications
• The issue may have been prevented with proper medical care

It’s natural to wonder whether your child’s injury could have been prevented. While only a thorough review can determine exactly what happened, certain situations may suggest that medical negligence played a role.

For instance, doctors should closely monitor for signs of potential fetal distress — if this failed to occur or wasn’t done properly, and a child was hurt during birth as a result, the family could be eligible for a lawsuit.

Understanding what happened is often the first step toward seeking answers, accountability, and the financial support your child may need.

Birth Injuries That May Lead to a Lawsuit

You may be able to file a birth injury lawsuit for a variety of medical conditions. Some injuries improve over time, while others require lifelong treatment and support.

Those conditions include:

• Brain injuries
• Cerebral palsy (CP)
• Nerve injuries
• Other serious birth injuries

If your child suffered any of these birth injuries, you may qualify to take legal action. Contact us to learn about your eligibility today.

Brain Injuries

Brain injuries often happen when a baby does not receive enough oxygen before or during delivery. Depending on the severity, these injuries may affect the child’s movement, learning, speech, and overall development throughout their childhood and adulthood.

Examples of brain injuries include:

• Birth asphyxia (low oxygen and blood flow to the brain)
• Hypoxic-ischemic encephalopathy (HIE)
• Intracranial hemorrhage (severe internal bleeding)
• Oxygen deprivation

Brain damage can be permanent, resulting in lifelong issues like cerebral palsy, seizures, and more. A birth injury lawsuit can allow you to support your child’s medical needs so they can have the best quality of life after brain damage.

Cerebral Palsy Birth Injury

Cerebral palsy is one of the most common conditions involved in birth injury lawsuits. Although cerebral palsy has many possible causes, some cases are caused by preventable medical mistakes that reduce oxygen to a baby’s brain during labor or delivery.

Children with cerebral palsy may require ongoing medical treatment, physical therapy, assistive devices, and specialized educational support.

Nerve Injuries

Excessive pulling during delivery or shoulder dystocia that doesn’t get the proper care can damage a baby’s delicate nerves in the neck and shoulder. Common nerve injuries include Erb’s palsy and Klumpke’s palsy.

Many children can recover fully from these nerve injuries with time and ongoing therapy. In some cases, though, the damage is permanent, leading to lifelong numbness or impaired use of the baby’s shoulder, arm, or hand.

Other Serious Birth Injuries

Medical negligence around the time of your child’s birth may contribute to any number of serious birth injuries that impact their quality of life.

Notable birth injuries include:

• Birth defects caused by medical errors
• Cephalohematoma (blood between the scalp and skull bone)
• Hydrocephalus (a buildup of cerebrospinal fluid in the brain)
• Infant meningitis
• Intrauterine fetal demise (stillbirth)
• Intraventricular hemorrhage (brain bleeds)
• Jaundice that goes untreated (kernicterus)
• Meconium aspiration syndrome (caused by inhaled amniotic fluid or stool)
• Neonatal or birth asphyxia
• Periventricular leukomalacia (a brain injury in premature infants)
• Skull fractures
• Spinal cord injuries
• Untreated infections
• Wrongful death

This is not a complete list. Every birth injury case is unique, and a legal review can help determine whether malpractice may have contributed to your child’s condition.

Medical Negligence and Child Birth Injury Lawsuits

Not every birth injury means that medical malpractice has occurred. However, health care providers have the training and responsibility to safely deliver babies.

If an avoidable mistake or failure to act caused long-term or permanent complications, a lawsuit can hold medical providers to task.

Mistakes that could be grounds to file a birth injuries lawsuit include:

• Delayed response to fetal distress: During labor, your baby’s heart rate provides important information about how well they are tolerating delivery. If signs of fetal distress are ignored or treatment is delayed, your baby may experience oxygen deprivation leading to brain damage and long-term disability.
• Delayed cesarean section (C-section): A C-section can become necessary when labor is no longer safe for the mother or baby. Doctors should recognize when vaginal delivery presents serious risk. Delaying one after signs of fetal distress, placental abruption, or prolonged labor may lead to a birth injury.
• Failure to manage shoulder dystocia: This occurs when a baby’s shoulders become stuck during a vaginal delivery. It’s an emergency that requires quick, appropriate medical care. Pulling too hard on a baby’s head or neck can damage nerves, resulting in conditions like Erb’s palsy.
• Improper use of forceps or vacuum extractors: Excessive force when using these delivery tools can lead to skull fractures, brain hemorrhages, and brachial plexus injuries. Health care providers should carefully evaluate if forceps or vacuum extractors are appropriate before using them.
• Missed complications: Some birth injuries develop because warning signs were overlooked before or during delivery. Examples include placental abruption, maternal infections, umbilical cord complications, or prolonged labor.

To get a better idea as to whether your child’s birth injury was preventable, speak with an experienced attorney. Birth injury lawsuit attorneys can provide the guidance needed to help you through the legal process.

Call us today at (877) 640-6101 to get answers and see if you can work with the birth injury lawyers in our network.

Why Should I File a Birth Injury Lawsuit?

Some mothers feel wary about filing lawsuits, but they could help your child immensely — and the process is easier with the right team behind you.

Birth injuries can cause long-term health complications, which may require ongoing treatment and support to manage. This can add significant expenses. For example, the average lifetime expenses for cerebral palsy are $1.2 million. Money from a lawsuit can help you more easily afford those costs.

Birth trauma lawsuit compensation may cover:

• Home modifications
• Long-term medical care
• Lost wages if a parent stops working to provide care
• Medical bills
• Medications
• Mobility devices
• Occupational therapy
• Ongoing appointments with specialists
• Physical therapy
• Specialized medical equipment
• Speech therapy
• Surgery

Additionally, a birth injury lawsuit can offer a measure of justice. Families trusted hospitals and health care providers to properly diagnose, treat, and prevent issues that can cause birth injuries. If a medical provider’s mistake seriously harmed a baby, a birth injury lawsuit is a pathway to accountability.

“Our daughter’s traumatic birth left us devastated. She suffered a brain bleed and spent 2 months in the NICU. Now, almost 4, she faces numerous issues, and I can’t work as I need to care for her. Our attorneys stepped in and helped us fight for justice. With their help, we can breathe a little easier.”

– Birth injury client who worked with our legal partners

Steps to Filing a Birth Injury Lawsuit Case

Many families worry that filing a lawsuit will be overwhelming, but it doesn’t have to be.

At Her Case Matters, our partner attorneys handle the birth injury lawsuit process on behalf of families, making it much easier for them to recover payouts while tending to their child’s everyday needs.

Here are the general steps to filing a birth injury legal claim:

1. Get a free case review: A birth injury lawyer reviews your situation and determines whether you may have a claim.
2. Collect evidence: Your child’s medical records and other evidence are gathered and reviewed by your legal team.
3. File the birth injury lawsuit: If the evidence supports your case, your attorney files a birth injury lawsuit against the responsible parties.
4. Negotiate birth injury settlements: Many birth injury cases are resolved through settlement discussions, which award financial compensation without a trial.
5. Take the case to trial: In the rare event that a fair birth injury settlement cannot be reached, your attorney will represent your best interests in court.

Throughout the process, your attorney will keep you informed while you focus on helping your child have the best quality of life possible.

Get a free case review now to find out if you’re eligible to file a birth injury malpractice case.

Types of Birth Injury Lawsuits

There are two main types of birth injury lawsuits: personal injury and wrongful death.

In situations where babies are harmed by a medical professional’s mistakes or decisions, it’s most appropriate to file a personal injury lawsuit.

If a baby tragically passes away, and their death is linked to the actions or inactions of medical staff, then families may be able to pursue a wrongful death birth injury lawsuit to get closure and accountability.

You may not know for sure if medical negligence played a role in what happened to your baby — and that’s OK. You don’t need to have all the answers right now.

The Her Case Matters team is ready to listen to what happened to your child and determine if a birth injury lawsuit could be right for your situation.

Recent Birth Injury Lawsuit Settlements

The birth injury attorneys in our network have recovered $1.1 billion to date for other families affected by birth injuries.

While every birth injury lawsuit settlement is unique, some have paid out millions of dollars, helping families to afford medical expenses and get a measure of justice.

Examples of recent birth injury lawsuits include:

• $16.5 million to a Wisconsin baby suffering from cerebral palsy
• $6 million for a New York child who suffered from untreated jaundice
• $5 million for a Connecticut baby with Erb’s palsy
• $5.1 million to a Texas child who suffered from birth asphyxia
• $7.8 million to a Florida baby with cerebral palsy
• $8 million for a California child harmed by a vacuum extractor
• $10.4 million for a Pennsylvania baby with cerebral palsy

Get a free case review now to find out if you’re eligible for a birth injury lawsuit and to start pursuing the compensation your child may deserve.

Statutes of Limitations on Birth Injury Lawsuits

It’s completely understandable if pursuing legal action isn’t your first priority after your child’s birth injury. Even so, every state has a statute of limitations that limits how long families have to file a birth injury lawsuit.

Birth injury lawsuit statutes of limitations often range from 1-3 years depending on the state. The clock may start running from the date of the injury or the date when the injury was discovered.

A conversation with a birth injury lawyer can help you understand the deadlines that apply to your situation and preserve your family’s legal rights while you focus on your child’s care.

For best results, don’t wait to speak with an attorney about the birth injury lawsuit statutes and limitations that apply to your case. If time runs out, you’ll lose your chance to take legal action for a birth injury forever.

Get Help Filing a Birth Injury Lawsuit Near You

If you believe your child’s birth injury was preventable, you don’t have to figure out your next steps by yourself.

Filing a birth injury lawsuit may help you find answers, seek accountability, and get the financial support your child may need in the years ahead.

At Her Case Matters, our dedicated legal partners have helped families across the country access compensation and justice after a birth injury.

Get a free case review now or call (877) 640-6101 to speak with advocates who will listen to your story, answer your questions, and help you decide what feels right for your family.