What Are Your Legal Rights If Your Child Suffered a Birth Injury?

When a child suffers an injury at birth, the consequences can be devastating and life-altering for both the infant and their family. Birth injuries may lead to lifelong disabilities, emotional trauma, and overwhelming financial burdens. While not all birth injuries are caused by negligence, many are the result of avoidable mistakes made by medical professionals.

For parents facing the uncertainty of such a situation, one of the most important things to understand is this: you may have legal rights. If your child’s birth injury was caused by medical negligence, you have the right to seek justice and pursue compensation. This article provides a thorough overview of what constitutes a birth injury, when legal action is appropriate, and how to navigate the process.

What Is a Birth Injury?

A birth injury is defined as physical or neurological harm that occurs to a baby during the process of labor or delivery. Some birth injuries are minor and heal on their own, but others can lead to permanent disabilities that affect a child’s ability to move, speak, or function independently.

Common Types Of Birth Injuries

Cerebral palsy: A group of disorders affecting movement and muscle tone, often caused by lack of oxygen to the brain during labor.
Erb’s palsy: A nerve injury in the upper arm resulting from excessive stretching of the brachial plexus during delivery.
Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by oxygen deprivation.
Fractures: Broken bones, typically the clavicle, can occur during difficult deliveries.
Facial nerve injuries: Often a result of improper use of delivery tools like forceps or vacuum extractors.

It is important to distinguish between natural birth complications and injuries that are the direct result of poor medical decisions. When an injury occurs due to a provider’s failure to adhere to standard procedures or to respond adequately to signs of fetal distress, the injury may constitute medical malpractice.

Medical Malpractice and Birth Trauma

Medical malpractice in the context of childbirth occurs when a healthcare professional fails to meet the accepted standard of care, and that failure results in harm to the newborn or mother. In many birth injury cases, malpractice is not immediately obvious. However, certain medical errors are commonly linked to preventable birth trauma.

Examples Of Medical Errors That May Result In Birth Injuries

Failure to monitor the baby’s oxygen levels or heart rate during labor, which can lead to brain damage if distress goes unnoticed.
Delayed decision to perform a C-section, especially when labor is prolonged or complications are evident.
Incorrect use of delivery tools such as forceps or vacuum extractors, which can cause skull fractures or nerve injuries.
Failure to treat maternal infections that can affect the baby during delivery.
Inadequate response to umbilical cord complications that may restrict oxygen flow to the baby.

These and other mistakes can be the basis for a legal claim, especially when they result in long-term or permanent harm to the baby. A skilled attorney can assess whether the care provided during labor and delivery met the accepted medical standards.

Can You Sue for a Birth Injury?

Yes, in many cases, parents can pursue legal action if their baby’s birth injury was the result of negligent or improper medical care. A birth injury lawsuit allows families to hold the responsible parties accountable and secure the financial support needed for ongoing care.

In order to succeed in a birth injury lawsuit, certain legal criteria typically must be met:

A medical duty of care was owed. This is automatically established in the doctor-patient relationship.
The duty of care was breached. The medical provider acted in a way that deviated from the accepted standard.
The breach of care caused an injury. There must be a direct link between the provider’s negligence and the harm.
The injury led to damages. These may be financial (medical expenses) or non-financial (pain, suffering, and loss of future potential).

It’s important to note that filing a lawsuit is not about blaming doctors for a poor outcome. It’s about accountability when a provider’s mistakes lead to preventable harm. If you are unsure whether your case qualifies, speaking with an attorney who specializes in birth injury litigation is the best first step.

Steps to Take After a Suspected Birth Injury

The time following a birth injury can be incredibly overwhelming. Parents are often focused on immediate medical needs, emotional recovery, and understanding their child’s prognosis. However, if you believe the injury was caused by medical error, it’s important to begin gathering evidence early.

Essential Steps Parents Should Take

Request all medical records. This includes prenatal, labor and delivery, and neonatal care records. These documents will form the foundation of your legal case.
Document everything. Keep a detailed record of your baby’s symptoms, diagnoses, treatments, and medical appointments.
Get a second opinion. Consulting with another medical provider can help confirm whether the injury was likely due to natural complications or medical negligence.
Consult a birth injury lawyer. These attorneys can assess your case, connect you with expert witnesses, and guide you through the next steps.
Act within your state’s statute of limitations. Each state has a legal deadline for filing a medical malpractice claim — in some states, it is as short as one year.

Failing to act quickly can result in lost evidence and missed legal deadlines. Starting the process early protects your right to compensation and helps your legal team build the strongest possible case.

Compensation You May Be Entitled To

A successful birth injury lawsuit can help alleviate the financial burdens that often accompany long-term medical conditions. Compensation may cover both current and future expenses, as well as the intangible losses your family has suffered.

Potential Compensation

Medical bills: Hospital stays, surgeries, medications, and ongoing treatments.
Therapy and rehabilitation: Physical, occupational, and speech therapy, often needed long-term.
Home modifications and medical equipment: Wheelchairs, ramps, or other accessibility needs.
Educational support: Specialized schools or tutoring.
Lost future earnings: If your child’s ability to work is compromised.
Pain and suffering: Both the child’s and the family’s emotional distress.
Loss of enjoyment of life: When a child’s quality of life is permanently impacted.

Every case is different. The amount of compensation awarded depends on the severity of the injury, the impact on the child’s future, and the strength of the legal evidence.

Choosing the Right Birth Injury Lawyer

Not all personal injury attorneys are equipped to handle the complexity of a birth injury lawsuit. These cases require deep understanding of both medical procedures and malpractice law, as well as access to medical experts who can testify on your behalf.

Look for an attorney who:

Has specific experience in obstetric and neonatal malpractice cases
Has a track record of successful settlements or verdicts
Offers clear and compassionate communication
Works on a contingency fee basis (you don’t pay unless you win)
Is willing to thoroughly investigate your claim

An experienced lawyer will guide you through the process with care and attention, helping you focus on your child’s recovery while they handle the legal work.

Common Problems Parents Face

Parents are often unsure where to start. Common obstacles include:

Confusion about whether malpractice occurred
Difficulty accessing complete medical records
Intimidation by hospital administrators or doctors
Lack of resources or knowledge about legal options
Fear of damaging their relationship with the hospital

Despite these challenges, you have every right to pursue clarity, justice, and financial relief. Legal support can help you overcome these barriers and advocate for your child’s well-being.

Real Parent Stories and Concerns

Many families have been in your position. Consider these real-life questions:

“They used forceps during delivery, and now my baby has nerve damage. What can I do?”
“My child has permanent brain damage from lack of oxygen at birth. Do I have a case?”
“No one warned us about the risks. Can we sue the hospital?”

These are not just questions — they are cries for answers, accountability, and help. And the legal system provides a pathway to those outcomes.

Frequently Asked Questions About Birth Injury Lawsuits

What is the difference between a birth injury and a birth defect?
A birth injury occurs during the labor or delivery process and is often the result of physical trauma or medical negligence. In contrast, a birth defect typically develops while the baby is still in the womb, often due to genetic factors or environmental exposures. While birth defects are usually unavoidable, birth injuries can frequently be prevented with proper medical care. This distinction is crucial when considering whether a legal case for medical malpractice is appropriate.

How do I know if my baby’s injury was caused by medical negligence?
Determining whether a birth injury was due to medical negligence usually requires a detailed review of medical records, input from medical experts, and legal analysis. Warning signs might include a difficult or prolonged labor, the use of forceps or a vacuum extractor, failure to perform a timely C-section, or delayed responses to fetal distress. If your healthcare provider failed to act in accordance with standard medical procedures, you may have a case. An attorney experienced in birth injury claims can evaluate these factors in a free consultation.

Can I file a birth injury lawsuit even if I signed a consent form?
Yes, signing a consent form does not eliminate your right to sue for malpractice. Consent forms acknowledge the risks of a procedure but do not protect medical professionals from liability if they act negligently. If your healthcare provider deviated from standard protocols or failed to disclose crucial information that could have impacted your decision, a signed consent form will not prevent you from pursuing legal action.

Is there a deadline for filing a birth injury lawsuit?
Yes, each state has a legal deadline known as the statute of limitations. In many states, this period ranges from one to three years from the date of injury or the date the injury was discovered. However, special rules often apply to cases involving minors, potentially extending the deadline. It’s important to speak with a lawyer as soon as possible, as waiting too long may prevent you from taking legal action, even if your case is strong.

Can I sue the hospital instead of the doctor?
In many cases, yes. If the injury was caused by a hospital employee, such as a nurse or an on-staff physician, the hospital itself may be held liable. Hospitals are responsible for the actions of their employees and may also be liable for systemic issues like inadequate staffing, lack of proper training, or failure to maintain proper medical protocols. Your attorney will determine the appropriate party or parties to name in your lawsuit.

Final Thoughts: Protecting Your Child’s Future

When a birth injury results in long-term disability, the impact on your family is profound. But you don’t have to accept this outcome without question. You have legal rights — and exercising them may bring not only financial compensation but also a sense of justice and closure.

Taking legal action won’t undo the past, but it can secure the resources your child will need for a better future.

Contact Rafferty Domnick Cunningham & Yaffa Today

If you suspect that your child’s injury was the result of medical negligence, the time to act is now. Birth injury lawsuits are time-sensitive, and evidence can disappear with time. A qualified birth injury attorney can provide clarity, support, and direction — at no cost for an initial consultation.

Contact Rafferty Domnick Cunningham & Yaffa today to explore your legal options. Justice starts with a conversation, and your child deserves every opportunity for care, recovery, and a brighter future.