Understanding Birth Injury Lawsuits
The moment of childbirth should be filled with joy and relief. However, for some families, it becomes the beginning of a heartbreaking journey due to unexpected complications. When medical professionals make preventable mistakes during labor and delivery, the consequences can be catastrophic—leading to permanent injury, emotional trauma, and a lifetime of medical expenses.
Birth injury lawsuits offer a path for affected families to seek justice and financial compensation. They are not just about assigning blame—they are about accountability, healing, and securing the resources necessary to care for an injured child. This comprehensive guide explores what birth injuries are, how medical negligence is determined, and how families can take legal action.
What Is a Birth Injury?
A birth injury is a physical injury sustained by a newborn during the labor or delivery process. Unlike congenital birth defects, which develop during pregnancy, birth injuries typically result from complications during the birthing process. These injuries can range in severity, from minor bruises that heal quickly to severe neurological impairments that affect a child for life.
Birth injuries may include:
- Broken bones or fractures from difficult deliveries
- Nerve damage, especially to the brachial plexus
- Oxygen deprivation leading to brain damage
- Injuries caused by improper use of delivery instruments
The effects of a birth injury can manifest immediately after delivery or take months to become noticeable. Early detection and intervention are critical—but so is understanding whether the injury could have been prevented.
Common Types of Birth Injuries
- Cerebral Palsy – A group of neurological disorders affecting movement, posture, and muscle tone. Often caused by oxygen deprivation or trauma during delivery.
- Brachial Plexus Injury (including Erb’s Palsy) – Nerve damage in the upper arm and shoulder area, typically resulting from excessive pulling or shoulder dystocia during delivery.
- Hypoxic-Ischemic Encephalopathy (HIE) – A type of brain damage caused by insufficient oxygen and blood flow to the brain.
- Shoulder Dystocia Injuries – Occurs when a baby’s shoulders become stuck after the head is delivered, leading to nerve or bone damage.
- Instrumental Injuries – Forceps or vacuum extraction can cause skull fractures, brain bleeds, or facial nerve damage when used improperly.
When Is a Birth Injury Considered Medical Malpractice?
Not all birth injuries are the result of malpractice. Childbirth is complex, and even with competent care, complications can arise. However, when a healthcare provider fails to meet the accepted medical standard of care, and that failure causes harm, it becomes a case of medical negligence.
Medical malpractice during childbirth may involve errors in judgment, delayed decisions, or procedural mistakes that directly lead to injury. Identifying malpractice requires a thorough review of medical records and often involves expert testimony from healthcare professionals in the same field.
Examples of Preventable Birth Trauma
Some birth injuries are preventable with proper monitoring and timely medical intervention. Common examples of preventable trauma include:
- Failing to recognize and act on signs of fetal distress, such as irregular heartbeats or reduced fetal movement
- Delaying an emergency cesarean section when the baby’s life is at risk
- Misusing delivery tools like forceps or vacuum extractors, causing trauma to the baby’s skull or spine
- Not diagnosing umbilical cord prolapse or placenta issues in time
- Administering incorrect anesthesia or mismanaging pain relief during an emergency
In each of these scenarios, the medical team may be held liable for the resulting injuries if their decisions deviated from established standards of obstetric care.
Signs of Medical Negligence in Labor and Delivery
Medical negligence isn’t always immediately apparent. Many parents are told their delivery was “routine” or “without incident,” even when their baby requires intensive care or later shows signs of disability. Recognizing the signs of possible negligence is a critical step toward holding providers accountable.
Red Flags That Suggest Possible Medical Error
- Your baby was born blue, limp, or not breathing
- There was a sudden, unexplained emergency during delivery
- A C-section was performed too late, or the need for it was ignored
- The medical staff failed to explain or respond to fetal monitoring abnormalities
- Your newborn was admitted to the NICU without clear cause
- You weren’t informed of complications until after the birth
Many families begin investigating a birth injury only after noticing developmental delays or hearing a formal diagnosis like cerebral palsy. If you feel something wasn’t right, your instincts are worth exploring legally.
Common Causes of Birth Injury Lawsuits
Birth injury lawsuits are often filed in response to specific types of medical errors. Understanding the most common causes can help you identify whether your situation may qualify for legal action.
Delayed or Denied C-Section
When labor is not progressing or the baby is showing signs of distress, a cesarean section must be performed quickly. Delaying this decision can result in oxygen deprivation and permanent brain injury. If doctors failed to act on clear warning signs, this may be grounds for a lawsuit.
Improper Use of Forceps or Vacuum Devices
These tools can help during difficult deliveries, but improper use can cause serious injuries. If too much force is applied or if they are used when not medically indicated, the baby may suffer fractures, brain trauma, or facial nerve damage.
Failure to Monitor or Act on Fetal Distress
Fetal monitoring during labor is essential to ensuring the baby’s well-being. If heart rate patterns suggest the baby is in distress, swift action must be taken. Failure to intervene can result in catastrophic injuries such as HIE or stillbirth.
How to File a Birth Injury Lawsuit
Filing a birth injury lawsuit can feel overwhelming, especially when you’re focused on caring for your child. However, legal action may be necessary to secure the financial resources your family needs for long-term care.
Who Can File a Claim?
Parents or legal guardians can file a birth injury claim on behalf of their child. In some states, the injured child may also have the right to file once they reach adulthood, depending on the statute of limitations.
The Legal Process: What to Expect
- Collect Medical Documentation
Gather all hospital records, doctor’s notes, imaging scans, and postnatal care summaries. These will form the foundation of your case. - Consult a Birth Injury Attorney
Seek out a lawyer with experience in birth injury and medical malpractice. Many offer free consultations to assess your case. - Undergo Expert Review
Attorneys typically work with medical experts who will evaluate whether your healthcare provider failed to meet the standard of care. - File the Lawsuit
Your attorney will draft a legal complaint naming the responsible parties and detailing the injuries and damages sustained. - Negotiate or Proceed to Trial
Many birth injury cases settle out of court. However, if a fair settlement is not offered, your case may proceed to trial.
Statute of Limitations
Each state has a specific time limit for filing a birth injury claim, often ranging from one to three years from the date of injury or discovery. Missing this deadline may forfeit your right to legal action.
What Compensation Can Cover
The costs of caring for a child with a birth injury can be astronomical. Compensation awarded in a successful lawsuit is intended to cover both tangible and intangible losses.
Economic Damages
These include measurable financial losses such as:
- Hospital and surgery bills
- Long-term medical treatment
- Physical and occupational therapy
- Special education services
- Home modifications or medical equipment
- Lost wages if a parent leaves work to provide care
Non-Economic Damages
These cover emotional and psychological impacts, such as:
- Pain and suffering
- Emotional distress
- Loss of normal childhood development
- Diminished quality of life
In severe cases, lifetime care costs for a child with cerebral palsy or HIE can reach into the millions. A settlement or verdict can help secure a safer, healthier future.
Frequently Asked Questions About Birth Injury Lawsuits
How do I know if my baby’s injury was caused by medical negligence?
The only way to determine whether medical negligence played a role in your child’s injury is through a detailed review of your medical records by legal and medical professionals. While some complications occur naturally, others are entirely preventable. If there were delays in treatment, a failure to respond to fetal distress, or improper use of delivery tools, these may all be red flags. A birth injury attorney can guide you through an initial case assessment, often free of charge, to evaluate whether malpractice likely occurred.
Can I file a lawsuit even if the hospital told me nothing went wrong?
Yes. It’s not uncommon for hospitals and medical providers to minimize complications or withhold complete information after a difficult delivery. Many families only discover the true nature of their child’s injury after seeing a specialist or receiving a diagnosis like cerebral palsy. You don’t need the hospital’s confirmation to begin a legal investigation. Your legal team can request full medical documentation and consult independent medical experts to determine if you have a case.
What types of injuries typically lead to a birth injury claim?
Claims often involve serious conditions such as cerebral palsy, Erb’s palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), or other neurological or physical damage resulting from complications during labor and delivery. These injuries may be caused by delayed C-sections, undiagnosed fetal distress, shoulder dystocia mishandling, or anesthesia errors during emergency surgery. If the injury has led to long-term disability or required extensive medical intervention, a legal claim is likely worth pursuing.
Is there a deadline to file a birth injury lawsuit?
Yes. Every state has a statute of limitations for medical malpractice cases, which limits the amount of time you have to file a lawsuit. In some states, it may be as short as one year from the date of the injury, while others extend it based on when the injury was discovered or allow longer timelines for minors. Because these rules vary, it is important to consult a qualified attorney as soon as possible to avoid missing the deadline.
Will filing a lawsuit affect my child’s care at the same hospital?
No. Hospitals are legally prohibited from denying care or retaliating against patients who pursue legal action. Your child’s access to medical treatment cannot be impacted by your decision to file a birth injury claim. If you are concerned about ongoing care, your attorney can help you find alternative providers or ensure that your rights are protected.
Contact Rafferty Domnick Cunningham & Yaffa Today
If you believe your child was harmed by a preventable error during childbirth, don’t wait. A birth injury lawsuit may help you hold the responsible parties accountable and provide your family with the resources you need for ongoing care and support.
Contact Rafferty Domnick Cunningham & Yaffa today for a free consultation. There are no upfront costs, and you only pay if your case is successful. This is your chance to protect your child’s future—and get the justice your family deserves.
