Birth Injury FAQs

Breaking Down The Law Process One Question At A Time​

Table of Contents

What is a birth injury lawsuit?

A birth injury lawsuit is a type of civil law lawsuit that alleges a negligent act by a doctor, nurse, midwife, or other health care provider caused harm to the fetus or newborn. A birth injury may be caused by medical malpractice at any time up until the first year of an infant’s life. Some examples of birth injuries are cerebral palsy, mental retardation, and blindness.

Some types of birth injuries are foreseeable and preventable through proper attention to health care practices during pregnancy and childbirth. If doctors fail to meet these standards and cause damage on an unforeseeable basis, they may be held liable for their actions through the use of a negligence claim.

Will my child get better after a birth injury?

For the most part, babies who suffer a birth injury will eventually get better, depending on the severity of the damage. However, in rare cases, birth injuries can cause extreme, permanent damage to a child, leaving them with long-term and even lifelong mental or physical disabilities.

If you are worried about your child and they seem to be struggling, it is best to consult with a pediatrician or other medical professional for guidance. You should also speak with an attorney who specializes in personal injury cases. This could help you find out whether or not you might have a case against the negligent party who caused your child’s injuries. The process will likely be long and require patience, but it could help ensure that justice is done and that your child has the support they deserve moving forward.

Was my child’s birth injury preventable?

It is difficult to determine whether or not a birth injury was preventable. Many factors can contribute to birth injuries, such as the mother’s health, medications she is taking, and co-existing medical conditions. However, there are some things that can be done to decrease the risk of a birth injury. In addition to supporting your baby with extra protection and care in the delivery room, there are also many other steps you can take before and during childbirth.

It is always best for parents to do their research before their child is born but especially when it comes to labor and delivery. Educate yourself about what causes birth injuries so you know what you should be doing or avoiding during your pregnancy or birthing process.

What are the causes of birth injuries?

Birth injuries can occur for many reasons. Although the injuries aren’t preventable in many cases, in many scenarios, the injuries caused were due to some form of negligence on the part of the doctor or medical staff. Some examples include:

  1. Failure to accurately interpret fetal ultrasounds
  2. Improper use of forceps
  3. Excessive use of vacuum extraction
  4. Improper use of Pitocin, a drug that is used to induce or facilitate labor
  5. Failure to notice the umbilical cord wrapped around a baby’s neck
  6. Failure to recognize and appropriately treat seizures following delivery
  7. Failure to perform a timely C-section

What is the difference between a birth injury and a birth defect?

A birth injury is a medical condition that has been caused by the birthing process, while a birth defect (also known as a congenital disability) is an abnormality in one or more body parts that occurs at or before birth. Birth injuries often include a tear or fracture of the amniotic sac, which results in the baby being exposed to infection and air. A pre-term infant may be born with an injury to the umbilical cord and internal organs, which can cause sepsis. There are many causes of birth injuries: prolonged labor, premature birth, obesity, breech presentation, and use of forceps during delivery.

Birth injuries are the leading cause of death for children in the United States and other industrialized countries. The leading causes of death are:

1) cerebral palsy

2) low Apgar scores while in the hospital

3) Sudden Infant Death Syndrome (SIDS)

4) congenital heart defects

5) Respiratory distress syndrome (RDS)

What are the costs of having a child with a birth injury?

The cost of care for a child with a birth injury can vary according to the severity of their condition and how long it takes them to recover. In one study, parents who incurred costs for medical care incurred costs like transportation expenses and lost income as well as medical expenses. Cost factors include things like inpatient rehabilitation or outpatient therapy depending on the circumstances. Parents also incur additional costs related to their child’s long-term health such as future surgeries or future problems that arise from an earlier incident.

The expenses associated with caring for an infant with a birth injury can be overwhelming. It is important to keep in mind that these children grow, develop and thrive so some of the costs may decrease over time. The most significant costs are related to medical expenses and therapy since these children often live with severe disabilities or chronic health conditions that require constant care from specialized professionals.

What should I do if my child has a birth injury?

Every parent would want their child to be born healthy, but sometimes children are born with injuries that can happen during the birth process. If your child suffers from a birth injury, you may have questions about how to provide for your child and what your legal rights are in these situations. Choosing a lawyer who specializes in cases like these will ensure that your case proceeds as quickly as possible.

Recognize that there is something called a “statute of limitations”, which means that the case must be filed within a certain period of time. This time period varies significantly by state, so it’s important to contact a birth injury lawyer as early as possible to help determine whether the injury was a result of some form of negligence or not. 

How can a birth injury lawyer help me win my case?

A birth injury lawyer can help you win your case by finding out if the birth injury was caused by negligence. If the answer is yes, then they can help you file and prove a case against the health care provider or doctor who caused the injury. After that, they will work with you to get compensation for medical bills and other expenses related to your injuries.

If you believe that your child was harmed during childbirth, it is important to contact an attorney as soon as possible. You should have a clear understanding of your legal rights before even considering the potential actions taken by a hospital after your child’s birth.

How do I know if the injury was caused by malpractice?

There are many questions that run through your head after a doctor has told you your baby was born with a disability. The natural questions for most parents of disabled children are, “How did it happen?” and “Why did this happen?” Some parents might not even consider the possibility that their baby’s birth injury might have been caused by their doctors’ negligence. If you think that your doctor might be the cause of the problem, it’s best to find a birth injury legal expert who can give their opinion and tell you exactly what’s wrong.

Are all birth injuries caused by medical malpractice?

Only a small percentage of birth injuries can be proven to be caused by medical malpractice. The rest of the injuries are attributed to other factors such as complications during pregnancy or childbirth, complications with the mother’s health, or other causes. The cause of an injury will help determine whether a lawsuit is warranted. That said, very little of a birth injury lawsuit is black and white. A good lawyer will know what questions to ask and where to look to determine the truth about what happened and whether or not compensation is warranted.

What does my lawyer have to prove in a birth injury lawsuit?

It can be very difficult to prove that the health care team was at fault for your child’s injury. To determine fault, you will need to prove that the doctor or medical staff were fully responsible for the birth injury and that it happened because of their negligence. Your lawyer will gather evidence to show the medical team’s negligence directly caused your injury. They will use several forms of evidence, including an exact timeline of how the injury happened and when it took place. The attorney will also gather medical records and opinions of expert witnesses to prove that things weren’t done appropriately. 

How do I find a birth injury lawyer?

Finding a good lawyer for your case can be difficult. However, there are some factors to keep in mind when looking for a lawyer. Firstly, it’s generally not a good idea to hire a family friend lawyer for cases like these. Birth injuries can be incredibly complicated and the result can be drastically different depending on the litigator. Some lawyers are famous for collecting millions of dollars in compensation while others may only be able to collect a few hundred thousand.

The money will need to be used throughout the child’s life so it is very important to ensure you are getting the compensation necessary to raise your child as well as possible. At, we provide people with a directory of lawyers that have been successful at winning big for their clients. If you’re still looking for a lawyer for your case, call today to learn more about what our lawyers can offer and whether they would be best to handle your birth injury case. 

How long does a birth injury lawsuit take?

Birth injuries are very serious and should be taken seriously, even if they are not life-threatening. Due to this seriousness, birth injuries may require an increased amount of time to resolve. It should be noted that there is no set time limit in waiting for a resolution to a birth injury lawsuit, but generally, lawsuits can take anywhere between a few months to 1-2 years and sometimes up to 5 years because they need complex testimonies from witnesses who were present during the incident as well as extensive medical records and evidence from hospitals involved in the incident.

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