Why People Work With Birth Injury Lawyers
Birth injury lawyers provide legal support, file claims, and seek compensation for families harmed by medical malpractice or negligence. Mothers and fathers work with them to pursue legal accountability if their babies were harmed before, during, or shortly after their birth.
A birth trauma attorney could:
- Collect evidence supporting your child’s injury
- Decide whether medical professionals failed to meet standards of care
- Help you file a birth injury lawsuit
- Keep your family updated throughout the legal process
- Negotiate meaningful payouts to support your child’s long-term needs
At Her Case Matters, we may be able to put you in touch with experienced birth injury attorneys who can handle a case for you and pursue compensation on your behalf.
You don’t have to have all the answers to talk with the Her Case Matters team or our legal partners. We’re here to listen to your story and provide guidance for what’s best for your family.
Get your free case review today.
When Should You Speak With a Birth Injury Lawyer?
You may want to consider reaching out to a birth injury attorney as soon as you suspect something is wrong. Reaching out promptly may allow you to get justice and financial compensation sooner.
In some cases, it may be months or years before you suspect that your child suffered an injury at birth. You may also not even be fully sure that your baby’s injury counts as negligence. However, it may still be a good idea to speak with a lawyer to more clearly understand your options.
You don’t have to prove anything when you contact Her Case Matters. Our patient advocates are standing by to help you understand what may have happened.
We may be able to connect you with a birth injury lawyer if:
- Birth tools like forceps or vacuum extractors were used improperly
- There was a delay in performing a C-section
- Your baby experienced fetal distress during labor
- Your child suffered from oxygen deprivation or low oxygen intake
- Your child’s injury led to birth defects or developmental delays
Your medical provider might have told you that these things just happen, but your gut is telling you that something went wrong. In these cases, speaking with an attorney may be a crucial step to protecting your child’s future.
Birth Injury Lawsuit Settlements That Have Helped Families
A birth injury lawsuit settlement or verdict might award compensation to help your family afford treatment after suffering caused by health care providers. Holding medical institutions financially accountable may also help you feel like your child has received justice.
Here are some recent birth injury settlements and verdicts:
- $951 million in Utah for a child who has lifelong disabilities after medical negligence during delivery
- $108 million in a Pennsylvania birth injury malpractice verdict for a child who suffered brain injuries after forceps use
- $60.9 million secured for a New York woman whose baby had a brachial plexus injury after the doctor used improper pressure during birth
- $8 million for a Pennsylvania family whose baby suffered severe neurological injuries after a delivery delay
- $3.5 million to an Iowa mother 10 years after her infant suffered brain damage during birth
- $1 million for a family whose child experienced a brachial plexus injury during birth
- $120 million for a Michigan family after their son experienced severe asphyxiation during birth, leading to brain damage and cerebral palsy
- $207.6 million secured by a birth injuries lawyer for the family of a Pennsylvania baby who was born severely disabled from a delayed C-section
If you have questions about filing a birth injury lawsuit, our team can help. Contact us now to learn about your legal rights and whether you qualify to work with a birth trauma lawyer.
How Birth Injury Compensation Could Help
Birth injuries can have lifelong complications. You shouldn’t have to worry about paying for specialists or medical appointments to help your child live their best life.
Compensation from a birth injury lawsuit could cover:
- Adaptive driving or transportation equipment
- Assistive devices
- Lost wages
- Mobility devices
- Special education
- Surgery
- Therapy (occupational, physical, or speech)
- Other medical expenses
Medical malpractice or negligence shouldn’t cause years of financial stress for your family. If you’re eligible, a partner birth injury lawyer can fight for you in court and negotiate strong payouts.
Birth Injuries That May Qualify for a Lawsuit
Birth injury lawsuit attorneys can pursue settlements for many preventable complications that happen before, during, and shortly after delivery.
Birth injury lawsuits often involve:
- Cerebral palsy
- Erb’s palsy
- Hypoxic ischemic encephalopathy (HIE)
- Kernicterus
- Klumpke’s palsy
- Shoulder dystocia
- Spinal injuries
- Wrongful death
- Other common birth injuries
While some injuries like Klumpke’s palsy may heal with time, babies still need medical care and physical therapy to recover. More severe injuries like cerebral palsy are incurable and require lifelong care. The costs of birth injuries, even minor ones, can be overwhelming for families.
Call us at (877) 640-6101 to see if your family can work with a birth injury lawyer to pursue compensation.
Cerebral Palsy
Babies may develop cerebral palsy if they experience brain damage before or during birth. The condition affects a child’s balance, muscle tone, and motor skills. Families may not realize their child has cerebral palsy until they start to miss developmental milestones.
Cerebral palsy has no cure, though therapy can help make some symptoms more manageable. In severe cases, babies are left paralyzed, mentally impaired, or suffering from additional health issues like epilepsy.
By working with a cerebral palsy lawyer, families can afford ongoing medical care, pay for assistive devices like wheelchairs, and get a sense of justice for what happened.
Erb’s Palsy
Erb’s palsy is also known as Erb-Duchenne palsy. The condition may develop when a doctor puts too much pressure on a newborn’s shoulder. The baby’s brachial plexus nerves could tear, rupture, become shocked, or form scar tissue.
A baby with Erb’s palsy may have limited movement or strength in the affected arm. Physical therapy or surgery can help, but may be challenging to afford. In severe cases, some babies never fully regain the use of their affected arm or hand.
The Erb’s palsy lawyers in our network fight to get fair payouts for families. For instance, our legal partners recovered $4.5 million for a family in Illinois whose baby suffered from Erb’s palsy. Compensation may help cover treatment expenses and hold medical providers accountable for what happened.
Hypoxic Ischemic Encephalopathy
Hypoxic ischemic encephalopathy (HIE) is brain damage caused by a lack of oxygen to a child’s brain before or after birth. The longer a newborn’s brain goes without oxygen, the more severe their symptoms can become.
HIE may cause these side effects:
- A lack of interest in food
- High or low energy
- Issues hearing
- Organ failure
- Other neurological problems
- Problems breathing
- Reflex or muscle complications
- Seizures
- Slow heart rate
- Vision complications
A child may not exhibit symptoms until they’re three or four years old. If your doctor makes an HIE diagnosis, medication and supportive care could become long-term necessities.
The birth injury attorneys in our network secured $7.25 million for a California family whose child was born with HIE and cerebral palsy. Compensation may be available for your family too, depending on the specifics of your case.
Get a free case review today to see if you can work with a birth complication attorney to pursue payouts and justice.
Kernicterus
Kernicterus is a birth injury that could be caused by negligence or malpractice if a baby’s jaundice isn’t treated properly. Although 50-80% of babies get jaundice shortly after birth, 0.4-1.3 babies out of every 100,000 live births will experience kernicterus.
Kernicterus develops when a child has too much bilirubin (a natural waste product) in their blood. Without immediate and effective medical response, kernicterus can cause hearing loss, developmental disabilities, loss of muscle control, or issues with eye control.
Our partner birth injury lawyers retrieved $6 million for a baby in New York who suffered from serious health problems due to untreated jaundice.
Shoulder Dystocia
A newborn’s shoulder may become stuck in the birth canal. The complication happens in 0.3-3% of all vaginal deliveries, but some cases could be preventable.
If a medical team places too much pressure on the baby to extract them or uses birth tools incorrectly, the baby could have nerve damage in their shoulder. Proper medical care can prevent shoulder dystocia birth injuries.
In one case, a Florida family recovered $12 million after a midwife improperly delivered their baby and caused a shoulder dystocia injury.
Spinal Injuries
Some babies experience spinal injuries after a medical professional pulls or twists their neck during birth by using tools or force.
Infants with spinal injuries might have mild to severe weakness or paralysis, depending on their experience. A spine injury, like bruising or nerve tearing, can happen at any location along the spine.
One family secured $8.9 million after their newborn experienced spinal injuries and severe nerve damage during birth.
Wrongful Death
A birth injury lawyer may accept wrongful death cases when birth injuries caused a newborn’s tragic passing. If your family has experienced unimaginable loss after complications before, during, or shortly after your baby’s birth, you could qualify to take legal action.
For instance, our legal partners recovered $1 million for parents in Alabama whose child died minutes after birth as a consequence of delayed medical treatment and fetal distress.
How a Childbirth Injury Lawyer Can Fight for You
A birth injury lawyer works to understand the full impact of a child’s injury, which may include medical, emotional, and financial complications related to their birth. If a birth injury was preventable, they fight to get families the compensation for their suffering.
Birth injury malpractice attorneys will:
- File a birth injury lawsuit before applicable legal deadlines
- Gather evidence that supports your claim
- Represent you in court
- Seek the largest possible settlement
- Take your case to trial if no settlement can be reached
Families deserve compensation that covers medical bills, assistive devices, and anything else that helps their children after a birth injury. Our team can provide guidance so you know whether you might qualify to work with top birth injury malpractice lawyers.
How to File a Birth Injury Lawsuit
A birth injury lawsuit is much easier with the help of a dedicated lawyer by your side. If you’re eligible to take legal action, a birth injuries attorney will support you throughout the experience, handling the majority of the legal work on your behalf.
Mothers and fathers can follow these steps to file birth injury lawsuits:
- Get a free case review: Our patient advocates can listen to your story, provide guidance, and connect you with our partner birth injury law firm if you’re eligible.
- Collect evidence for your case: Your lawyer will gather and review evidence like medical records and witness testimony to evaluate whether negligence or medical malpractice occurred.
- File your birth injury lawsuit: Your birth injury attorney will file your claim in court before applicable legal deadlines pass.
- Spend time with your child at home: You can recover from your birth experience and support your child’s healing while your lawyer negotiates the largest possible payout for your family.
Call us at (877) 640-6101 if you’re ready to take the next step. Pursuing financial accountability could give your family closure and access to everything your child needs.
How Long Do Birth Injury Cases Take?
Every birth injury lawsuit is different, so the length of each case varies. Your timeline could change depending on the complexity of your case, the severity of your child’s injury, and whether a trial is needed.
For many families, a birth injury case takes between 2 and 5 years, but your lawsuit may be shorter if the other party settles quickly.
Our team can help you understand your legal rights before potentially connecting you with our partner birth injury attorneys. They’ll explain what to expect from your birth injury lawsuit so you can better picture your family’s future.
Reach out to Her Case Matters today to learn more about seeking justice for your baby.
Find the Best Birth Injury Lawyer Near You
You and your baby deserved the best medical care. If medical negligence or malpractice changed your child’s life, you may be able to file a birth injury lawsuit.
Our partner law firm has recovered $1.1 billion to date for families affected by birth injuries.
Get a free case review now or call (877) 640-6101 to talk with our patient advocates. You don’t have to commit to taking legal action to explore your legal rights.
Birth Injury Lawyer FAQs
How much is compensation for a birth injury?
Compensation for a birth injury lawsuit depends on the extent of the injury, the complexity of your case, and whether your case goes to trial. However, the average birth injury settlement is $1 million.
A birth injury lawyer will know how much compensation you can potentially pursue after collecting evidence for your claim. Contact us today to explore your options.
What counts as a birth injury?
Birth injuries are any physical trauma or harm that a newborn experiences before, during, or shortly after their delivery. Some are a result of common labor complications, but other birth injuries are caused by preventable medical errors.
The symptoms of a birth injury may be immediate or take years to develop, like when a baby has hypoxic ischemic encephalopathy. The child may have lifelong disabilities that require care measures like assistive devices and therapies.
How long can you sue after giving birth?
Each state determines its own birth injury statute of limitations. Tennessee has a one-year deadline for health care liability concerns. Minnesota has the longest deadline, allowing parents to sue four years from the date of injury.
It’s crucial to act quickly if you think your baby was harmed before, during, or after their birth. Call our team at (877) 640-6101 to see if you can work with an attorney for birth injury claims.
How long does a birth injury settlement take?
It may take months or years to reach a birth injury settlement, depending on the case. Complex settlements could require more time or go to trial.
A birth injury attorney can discuss how long it might take to settle once they speak with you and review your supporting evidence. They know compensation helps families access key resources for their children, so they try to negotiate significant payouts in the shortest possible time.
How can I find a birth injury lawyer near me?
You can find a birth injury attorney near you by reaching out to our team. Our partner law firm has attorneys fighting for families across the country, so we’ll connect you to the closest legal expert if you qualify for a lawsuit.
Get a free case review now. Our patient advocates will listen to your story and connect you with support resources, which may include a birth injury lawyer.
Written by: Her Case Matters
At HerCaseMatters, we believe women deserve to be heard — especially when it comes to their health and safety. Too often, harmful drugs, devices, and corporate wrongdoing impact women’s lives without proper warning, support, or accountability. We’re here to change that. We work with trusted legal partners who are deeply experienced in holding powerful companies accountable. But more than that, we’re here to remind women everywhere that their pain is real, their experiences matter, and they deserve justice.
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