birth injury lawsuit
Halt | April 9, 2023 | 0 Comments

Birth Injury Lawsuits: Seeking Legal Justice For Your Child

If your child has been injured during birth due to medical negligence, you may be entitled to seek legal justice through a birth injury lawsuit. Every parent hopes for a safe and healthy birth for their child. However, sometimes medical professionals make mistakes during the delivery process, which can result in birth injuries.

These injuries can have long-lasting and devastating effects on the child and their family. In such cases, a birth injury lawsuit can help the family seek justice and compensation for their child’s injuries.

In this article, we will discuss what a birth injury lawsuit process is, how to go about the birth injury lawsuit process, and what to expect from the lawsuit settlements.

What Is Considered A Birth Injury?

Doctor holding a newborn baby

A birth injury is any harm that a newborn experiences during the delivery process. Some birth injuries are temporary and may heal with time and proper medical care, while others can result in permanent disabilities that can affect the child for the rest of their life.

What Are The Most Common Birth Injuries?

Some of the most common birth injuries include cerebral palsy, Erb’s palsy, brain damage, and fractures. However, there are many other types of birth injuries that can occur, depending on the circumstances of the delivery. Each case is unique, and it’s important to seek the advice of a qualified birth injury attorney to understand your legal options and pursue justice for your child.

Cerebral palsy is a type of birth injury that affects muscle movement and coordination and can result in difficulty with walking, eating, and speaking. Erb’s palsy is a birth injury that results in weakness or paralysis in the affected arm and shoulder, caused by damage to the nerves in that area.

Brain damage during birth can lead to developmental delays, seizures, and other cognitive impairments. Fractures, often of the clavicle or collarbone, can occur during a difficult delivery and may require treatment such as a splint or cast.

Birth injuries may occur due to a combination of reasons, including inappropriate use of delivery instruments, medical negligence, failure to monitor the fetus properly, and delay in performing a necessary C-section. However, it’s important to note that not all birth injuries are caused by medical negligence, and some injuries may be unavoidable despite the best efforts of medical professionals. However, if medical negligence was a contributing factor in a child’s birth injury, the family may be able to seek compensation through a lawsuit.

Let us learn more about the birth injury lawsuit process.

How Long After Birth Can You Sue For Malpractice?

The statute of limitations for birth injury lawsuits varies from state to state. However, most states allow parents to file a lawsuit within two to three years from the date of the injury or from the time when the injury was discovered. It’s important to consult with a birth injury lawyer as soon as possible to ensure that you meet the deadline for filing the lawsuit.

Additionally, there are certain exceptions to the statute of limitations that may apply in some cases. For example, if the injured child is a minor, the statute of limitations can be extended, allowing the child to file a lawsuit once they reach the age of majority. Similarly, if the injury was not discovered until later on, the statute of limitations may be extended to allow for the discovery of the injury. In a few cases, the statute of limitations may be shortened if the healthcare provider is a government entity, such as a public hospital.

It’s important to note that the statute of limitations for filing a lawsuit may also be impacted by the state’s “statute of repose,” which places a limit on the amount of time that can pass between the negligent act and the filing of a lawsuit, regardless of when the injury was discovered. This is why it’s crucial to seek the advice of a qualified birth injury attorney as soon as possible to ensure that your legal rights are protected and that you meet all the deadlines for filing a claim.

Can You Sue A Hospital For Traumatic Birth?

Medical Malpractice

Yes, you can sue a hospital for traumatic birth if the hospital or its staff were negligent in providing adequate care during the delivery process. Hospitals have a responsibility to provide a safe environment for the mother and child during childbirth. If they fail to do so, they can be held liable for any injuries that occur.

In cases of traumatic birth, medical negligence can occur in many forms. For example, a healthcare provider may fail to properly monitor the fetus during labor or may fail to recognize signs of distress in the mother or child. Negligence may also occur when healthcare providers fail to respond to emergencies promptly, fail to order necessary tests or procedures or use delivery instruments improperly. These are all situations in which a hospital can be held liable for a traumatic birth.

It’s important to note that in some cases, hospitals may not be held liable for the actions of independent contractors, such as outside specialists or anesthesiologists. However, hospitals can still be held liable for the actions of their employees and for ensuring that their contractors meet certain standards of care. This is why it’s important to consult with a qualified birth injury lawyer who can review the specific circumstances of your case and help you determine if you have grounds for a lawsuit.

If a hospital is found liable for a traumatic birth injury, the family may be able to recover damages such as medical expenses, lost income, pain and suffering, and other costs associated with the injury. An experienced birth injury attorney can help you understand your legal options and pursue a fair settlement or judgment for your child’s injuries.

Birth Injury Lawyer Vs. Birth Injury Attorney

Lawyer and client

The terms “birth injury lawyer” and “birth injury attorney” are often used interchangeably. Both refer to a legal professional who specializes in handling birth injury cases. However, there is a slight difference between the two. A birth injury attorney typically has more experience and may have additional qualifications or certifications in this area of law.

How Long Does A Birth Injury Lawsuit Take?

The duration of a birth injury lawsuit relies on various factors, such as the complexity of the case, the number of parties involved, and the willingness of the defendant to settle the case. Some cases may be resolved within a few months, while others can take several years.

It’s important to have realistic expectations and to work with an experienced birth injury lawyer who can guide you through the process.

Birth Injury Lawsuit Settlements


Birth injury lawsuit settlements can provide financial compensation for the child’s medical expenses, ongoing care, and other related costs. The amount of birth injury lawsuit settlements will depend on various factors, such as the severity of the injury, the cost of medical treatment, and the emotional distress caused by the injury. A birth injury lawyer can help negotiate a fair settlement on behalf of the child and their family.

End Note

In conclusion, a birth injury lawsuit can help families seek justice and compensation for their child’s injuries. If you suspect that your child has suffered a birth injury due to medical negligence, it’s important to consult with a birth injury lawyer as soon as possible. With the help of an experienced attorney, you can navigate the legal process and work towards a fair birth injury lawsuit settlement amount that will provide for your child’s future care and well-being.

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