Birth Injury Lawyer
Introduction
A birth injury lawyer is an attorney dedicated to representing families when a child suffers harm during childbirth due to medical negligence.
Medical professionals are trained to deliver babies safely. However, when a doctor, nurse, or hospital fails to meet the standard of care, the consequences for a child can be permanent. Our birth injury lawyer investigates these medical errors to hold the responsible parties accountable.
Why Legal Representation Matters
A birth injury often leads to a lifetime of emotional challenges and financial strain. Securing experienced legal counsel is essential for families seeking justice and the compensation necessary to provide for their child’s long-term care.
If your child was injured during birth, understanding your legal rights and the role of an attorney is the first step toward protecting your family’s future.
What Does a Birth Injury Lawyer Do?
A birth injury lawyer is experienced in medical malpractice lawsuit cases where negligence during pregnancy, labor, or delivery harms a mother or baby. Our attorneys handle cases involving preventable injuries resulting from medical mistakes during childbirth. The legal process for a birth injury lawsuit includes:
- Collecting evidence and medical records
- Thorough investigations in birth injury cases include analyzing medical records, fetal monitoring strips, and hospital protocols to identify negligence.
- Filing the lawsuit within the statute of limitations
- Negotiating settlements with responsible parties
- Going to trial if a fair settlement cannot be reached
After collecting evidence, our lawyers will file the birth injury lawsuit to formally seek compensation.
Because the statute of limitations for filing a birth injury lawsuit varies by state, and missing this deadline can bar recovery, it is essential to contact a birth injury lawyer as soon as possible to protect your rights.
How Birth Injury Lawyers Help
Birth injury lawyers are personal injury attorneys who pursue justice for newborns affected by preventable harm. They help families affected by medical mistakes made during the birthing process, providing guidance, support, and legal expertise. By navigating the complex legal process, birth injury lawyers can help families pursue the compensation they deserve for their child’s injuries, medical expenses, ongoing care, emotional distress, and secure their family’s future. If you believe your child’s injury was caused by negligence, contacting our birth injury lawyers can be the first step toward securing justice and financial security for your family.
Birth injury lawsuits can result in multimillion-dollar settlements and verdicts, providing crucial support for a family’s future.
The Killino Firm’s birth injury lawyers have helped families across the country recover the compensation they deserve for preventable medical errors and negligence, earning national recognition for their aggressive pursuit of justice on behalf of injured infants and children. Parents of children with birth injuries often face overwhelming emotional and financial burdens. Families can start with a free case evaluation or consultation to assess the viability of their birth injury claim. Our birth injury lawyers work on a contingency fee basis, so clients only pay if they win. If you are seeking justice for your child and would like to speak with our experienced and compassionate birth trauma attorneys today, please contact our law firm.
Transitioning from understanding the role of a birth injury lawyer, it is important to learn about the prevalence and impact of birth injuries in the United States.
Birth Injury and Trauma in the United States
Defining Birth Injury and Birth Defect. It is critical to distinguish between these two terms when evaluating a potential case.
- Birth injuries are defined by Stanford Medicine as structural injury or trauma suffered by an infant during the labor and delivery process
- Birth defects are physical or chemical abnormalities present at birth, usually inherited genetically or induced by environmental factors during pregnancy, according to the Centers for Disease Control and Prevention (CDC).
Prevalence and Impact: The frequency of these injuries is concerning. Data from the Agency for Healthcare Research and Quality (AHRQ) indicates that the United States sees a significant number of birth trauma cases per 1,000 live births.
Because males tend to be larger at delivery, they are statistically more vulnerable to trauma while passing through the birth canal. As noted in AHRQ statistical reports, baby boys are historically more likely to suffer a birth injury (approximately 6.9 per 1,000 live births) compared to baby girls (5.1 per 1,000 live births).
Birth injuries can result in lifelong treatment and care needs for affected children, making it crucial to secure support for the family’s future.
Infant Mortality and Birth Injury According to the CDC’s Reproductive Health Data, infant mortality rates in the United States hover around 5.6 to 5.8 per 1,000 live births (approximately 586 per 100,000). While birth defects, low birth weight, and SIDS are leading causes, CDC Mortality Records list “Maternal complications of pregnancy” and unintentional injuries high on the list of causes, making birth trauma a significant factor in infant fatalities.
Birth Injury Causes
Risk Factors While birth injuries are often preventable, the Merck Manual of Diagnosis and Therapy notes that trauma is more likely when:
- A baby is large (macrosomia).
- The infant is in a breech position or born prematurely.
- The mother has cephalopelvic disproportion (the size or shape of the pelvis makes vaginal birth difficult).
- Labor is prolonged or difficult (dystocia).
- The infant is delivered via vacuum extraction or forceps.
Medical Mistakes A medical mistake by healthcare professionals during childbirth—such as failing to follow accepted standards of care—can result in serious and preventable injuries.
- Improper Use of Forceps: An OB-GYN may use forceps if delivery is stalled. However, the Mayo Clinic warns that improper use can lead to skull fractures, seizures, and facial nerve injuries.
- Improper Vacuum Use: The Food and Drug Administration (FDA) has issued notifications regarding the risks of vacuum-assisted delivery, noting that if not used with care, these devices can cause serious complications like intracranial hemorrhage.
- Delayed C-Section: Complications such as uterine rupture, cord prolapse, or placenta previa require immediate surgical intervention. A delay in ordering a C-section when fetal distress is evident is a common cause of negligence claims.
- Hypoxia: Hypoxia occurs when oxygen is restricted to the brain. According to the National Institute of Neurological Disorders and Stroke (NINDS), failure to address oxygen deprivation can lead to Hypoxic-Ischemic Encephalopathy (HIE), resulting in chronic disabilities like Cerebral Palsy.
Other Preventable Causes Other preventable causes of birth injuries include:
- Improper use of the labor-inducing drug Pitocin (Oxytocin), which can cause uterine hyperstimulation (American Journal of Obstetrics and Gynecology).
- Failure to diagnose umbilical cord entrapment or premature rupture of membranes.
- Neglecting to refer high-risk pregnancies to maternal-fetal specialists.
- Failure to recognize and address changes in fetal condition on electronic monitors.
It is crucial to investigate the circumstances surrounding your child’s birth injury to determine if medical negligence occurred. Hiring our birth injury lawyers can help cover the costs of treatments and therapies that will allow your child to have the best possible quality of life.
Common Birth Injuries
Our birth injury lawyers advocate for children injured during birth, working to secure compensation for a child’s injuries caused by medical negligence or malpractice.
Types of Birth Injuries
Some of the most common birth injuries associated with medical mistakes and negligence include:
- Bruising: Improper use of forceps can cause bruising on a newborn’s face and head. Fortunately, these injuries usually heal on their own and go away within a few weeks.
- Bone Fractures: A broken clavicle, or collar bone, is the most common birth-related fracture and may occur while delivering an infant’s shoulder due to dystocia or during a breech delivery.
- Brachial Palsy: Brachial palsy involves damage to the nerves that supply the arms and hands. This type of child's birth injury generally occurs because of shoulder dystocia. While most cases resolve themselves in a few months, torn nerves may result in permanent damage.
- Facial Paralysis: An infant may experience facial paralysis due to the improper use of forceps or pressure exerted on their face during labor or delivery. The paralysis usually resolves within a few weeks if the facial nerves were merely damaged. However, torn nerves may require surgery.
- Caput Succedaneum: Vacuum extraction may cause swelling of the scalp’s soft tissues, resulting in a “conehead” appearance. Most cases of caput succedaneum disappear within a few days, but if bruising occurs, the infant may develop jaundice.
- Cerebral Palsy: Trauma to the developing brain before, during, or after birth causes cerebral palsy, a chronic disorder marked by the loss of movement or other nerve functions. Most cases of fetal brain injury occur before babies are born, but about 20% of these injuries occur in the delivery room. A birth injury lawyer can help families understand the legal and medical significance of a child's injuries related to cerebral palsy.
- Erb’s Palsy: Erb’s palsy is a form of paralysis that affects voluntary movement in the upper arm and rotation in the lower arm. The condition is usually associated with a difficult delivery related to shoulder dystocia. While many babies are successfully treated with physical therapy, occupational therapy, and hydrotherapy, severe Erb’s palsy may require nerve grafts, nerve decompression, or other surgical interventions. Some children will continue to experience lingering weakness in the affected arm, decreased range of motion, and other permanent complications.
Understanding the legal process for birth injury lawsuits is essential for families seeking justice.
Birth Injury Lawsuit
A birth injury lawsuit is a critical step for families affected by birth injuries to seek justice and financial security. When medical negligence or malpractice during childbirth leads to a child’s injury, birth injury attorneys can help families navigate the complexities of birth injury law.
How the Legal Process Works
Birth Injury law firms understand the unique challenges families face and are dedicated to holding healthcare providers accountable for their actions. The legal process typically involves:
- Collecting evidence and medical records
- Consulting with medical experts
- Filing the lawsuit within the statute of limitations
- Negotiating settlements with the responsible parties
- Going to trial if a fair settlement cannot be reached
By pursuing a birth injury lawsuit, families can seek compensation for medical expenses, ongoing care, and the emotional impact of their child’s injuries. Whether the case involves cerebral palsy, other severe birth injuries, or long-term disabilities, our experienced birth injury legal team provides the expertise needed to build a strong case. The ultimate goal is to ensure that families affected by birth injuries receive the financial compensation they need to support their child’s future and to pursue compensation for all losses resulting from medical malpractice.
If a birth injury results in the loss of a child or mother, families may need to consider wrongful death or maternal death claims.
Benefits of Hiring a Birth Injury Lawyer
When a family is faced with the devastating impact of birth injuries, hiring our birth injury lawyers can make all the difference in securing justice and financial stability for their child’s future. Navigating the complexities of a birth injury lawsuit requires not only legal expertise but also a deep understanding of medical malpractice, birth injury law, and the unique challenges families affected by these injuries encounter.
Our birth injury attorneys are highly skilled in identifying instances of medical negligence—such as cerebral palsy resulting from oxygen deprivation or brachial plexus injuries caused by improper delivery techniques—and know how to build a compelling birth injury claim. By working with a medical malpractice birth injury law firm that is experienced in birth injury cases, families gain access to a dedicated legal team with a proven track record in birth injury litigation. These professionals are adept at collecting and analyzing medical records, consulting with registered nurses and medical professionals, and gathering the evidence needed to hold healthcare providers accountable for medical errors and substandard medical care.
Finding the Right Law Firm
Choosing the right law firm is one of the most important decisions families can make when pursuing a birth injury lawsuit. The outcome of your case—and your child’s future—can depend on the experience and dedication of the legal team you select. Look for a law firm like The Killino Firm with a proven track record in handling birth injury cases, including those involving cerebral palsy, brachial plexus injuries, and other common birth injuries. Our reputable firm has a dedicated legal team, including birth injury attorneys and registered nurses, who understand the complexities of medical malpractice and are committed to seeking justice for families affected by birth injuries.
It’s also essential to choose a law firm that operates on a contingency fee basis. This means you won’t pay any legal fees unless your case results in a birth injury settlement or verdict, allowing you to focus on your child’s recovery without worrying about upfront costs. The Killino Firm will guide you through every step of the legal process, providing expert support and compassionate advocacy to help you secure the compensation your family deserves.
Once you have chosen a law firm, it is important to understand how they handle birth injury cases and support families throughout the process.
Law Firms and Birth Injury Cases
Law firms experienced in handling birth injury cases play a vital role in helping families affected by birth injury, medical malpractice, and medical negligence. Our law firm has the expertise to investigate complex birth injury cases, working closely with medical professionals to understand the full extent of your child’s injuries and determine whether a medical mistake caused the harm. Birth injury attorneys at our firm are skilled at collecting evidence, such as medical records and expert testimony, to build a strong case against healthcare providers.
By holding those responsible for birth injuries accountable, our law firm helps families secure financial compensation to cover medical expenses, physical therapy, and other costs associated with ongoing care. In addition to legal representation, our firm can often provide access to national resources and local support, ensuring that families affected by birth injuries receive comprehensive guidance and assistance throughout the legal process. Our commitment to seeking justice and financial compensation can make a significant difference in the lives of children and families dealing with the aftermath of a birth injury.
If a birth injury results in the loss of a child or mother, families may need to consider wrongful death or maternal death claims.
Wrongful Death and Maternal Death
Tragically, some birth injuries result in the loss of a child or mother, leaving families devastated and searching for answers. Wrongful death and maternal death cases often arise from medical malpractice, medical negligence, or substandard medical care during labor and delivery.
Legal Support for Families
In these heartbreaking situations, our birth injury attorneys play a vital role in helping families seek justice and financial compensation for their loss. A personal injury law firm with experience in birth injury cases can guide families through the legal process, ensuring their rights are protected and that those responsible are held accountable. With the support of our dedicated legal team, families can pursue claims for wrongful death or maternal death, helping to secure the financial resources needed to cope with their loss and safeguard their family’s future. The right injury law firm remains committed to supporting families through every step of this difficult journey.
Birth injuries can also impact a child’s ability to reach important developmental milestones.
Wrongful Death and Maternal Death
Birth injuries can have a profound impact on a child’s ability to reach important developmental milestones. Conditions such as cerebral palsy and brachial plexus injuries may affect a child’s movement, speech, and cognitive development, making it challenging to achieve milestones like crawling, walking, or talking at the expected age.
Supporting Your Child’s Growth
Birth injury attorneys understand the long-term effects of common birth injuries and can help families access the resources and support necessary for their child’s growth. By working with our injury law firm experienced in birth injury law, families can better understand how medical malpractice may have contributed to their child’s challenges. If you notice your child is not meeting developmental milestones, a free consultation with a birth injury attorney can help determine if medical negligence played a role and what legal options are available to support your child’s needs.
Building a strong case is essential for achieving justice and compensation.
Building a Strong Case
Building a strong birth injury case requires careful collection and analysis of evidence, including detailed medical records and expert testimony.
Steps to Build a Case
Birth injury attorneys work closely with medical professionals, such as registered nurses and specialists, to review the circumstances surrounding the child’s birth and identify any deviations from the standard of care. The process typically includes:
- Gathering comprehensive documentation and medical records
- Consulting with medical experts to review the case
- Identifying deviations from the standard of care
- Constructing a compelling argument on behalf of families
Common birth injuries like Erb’s palsy and nerve damage often require specialized knowledge to demonstrate how medical errors occurred. Our birth injury law firm offers representation on a contingency fee basis, allowing families to pursue compensation without worrying about upfront legal costs. With the right legal support, families can collect the evidence needed to seek justice and secure the resources their child deserves.
After a case is resolved, families may still need ongoing support.
National Resources
Here is a list of national resource groups and organizations dedicated to supporting parents and families of children with birth injuries. These organizations offer a mix of emotional support, educational resources, financial guidance, and community connection.
General Support & Advocacy
- Parent to Parent USA This national non-profit matches parents of children with special health care needs to "support parents" who have a child with the same or similar disability. It is an incredible resource for one-on-one emotional support and navigating local resources. Visit Website
- The Arc The Arc is the largest national community-based organization advocating for and serving people with intellectual and developmental disabilities and their families. They have hundreds of local chapters that provide direct services and advocacy. Visit Website
- Family Voices This organization promotes quality health care for all children and youth with special health care needs. They help families navigate the complex healthcare system and provide tools to make parents better advocates for their children. Visit Website
- Easterseals Easterseals provides indispensable resources for people with disabilities, veterans, and their families. They offer early intervention services, inclusive childcare, and medical rehabilitation programs across the country. Visit Website
Cerebral Palsy Resources
- United Cerebral Palsy (UCP) UCP is one of the largest health non-profits in the U.S. Their mission is to advance the independence, productivity, and full citizenship of people with disabilities. They provide affiliate services ranging from housing to therapy. Visit Website
- Cerebral Palsy Foundation (CPF) CPF focuses on transforming lives through research, innovation, and collaboration. Their website is a hub of information on treatments, therapies, and breaking news in the CP community. Visit Website
- Cerebral Palsy Guide This is an extensive online resource providing free educational materials, financial options, and support resources for families affected by cerebral palsy and other birth injuries. Visit Website
Hypoxic-Ischemic Encephalopathy (HIE) Support
- Hope for HIE This is the premiere global resource for families whose children have been diagnosed with Hypoxic-Ischemic Encephalopathy (brain damage caused by oxygen deprivation). They offer a massive peer-to-peer support network, educational forums, and "newly diagnosed" kits for families in the NICU. Visit Website
Brachial Plexus & Erb’s Palsy Support
- United Brachial Plexus Network (UBPN) UBPN is a registered non-profit dedicated to providing information, support, and leadership for families and individuals affected by brachial plexus injuries (such as Erb’s Palsy). They host camps and publish educational materials. Visit Website
Emotional & Mental Health Support
- Postpartum Support International (PSI) While known for postpartum depression support, PSI offers a specific "Birth Trauma Support Group". This is a vital resource for parents who are processing the traumatic events of a difficult delivery, regardless of the physical outcome. Visit Website
- March of Dimes While largely known for research, the March of Dimes offers the "NICU Family Support" program, which provides information and comfort to families with a baby in the newborn intensive care unit. Visit Website
After the Case
Birth injury attorneys remain a valuable resource, offering guidance on managing medical expenses, accessing physical therapy, and securing additional support services. Our dedicated legal team can help families understand their options for financial compensation, including potential eligibility for government benefits or specialized programs. Whether a child has suffered brain damage, cerebral palsy, or another serious birth injury, our experienced birth injury law firm can provide continued support to help families adapt and plan for the future. By working with professionals who understand the complexities of birth injury law, families can ensure their child receives the care and opportunities they need to thrive, long after the legal process has ended.
If you are ready to take the next step, contact our experienced birth injury lawyers today.
Common Questions Asked to Birth Injury Lawyers
What are the common signs that my child may have suffered a birth injury?
While some injuries are immediately obvious, others take time to manifest. Immediate "red flags" in the delivery room or NICU include:
- Therapeutic Hypothermia: The baby was placed on a "cooling cap" or cooling blanket (often used to treat brain injuries like HIE).
- Need for Resuscitation: The baby required CPR or a ventilator immediately after birth.
- Seizures: Seizure activity within the first 24-48 hours of life.
- Low APGAR Scores: Scores that remained low at the 5 or 10-minute mark.
- Muscle Tone Issues: The baby appears "floppy" or limp.
- Feeding Difficulties: Inability to latch or swallow effectively due to neurological issues.
How do I know if my child's injury was caused by medical malpractice?
It is not always obvious. You may suspect malpractice if the medical team ignored signs of fetal distress (like a dropping heart rate), delayed a necessary C-section, misused delivery tools like vacuum extractors, or failed to diagnose an infection. Our birth injury lawyer works with medical experts to review fetal monitoring strips and medical records to determine if the standard of care was breached.
Is there a time limit for filing a birth injury lawsuit?
Yes, every state has a strict Statute of Limitations, but the timelines vary drastically depending on where you live. In some states, the window to file can be as short as one year—with even shorter notice requirements—while in others, it can extend up to 20 years depending on tolling laws for minors. Because these statutes are complex and subject to change, you should not attempt to interpret state laws on your own. It is critical to consult with us immediately to calculate the specific deadline for your case, as missing it can bar you from recovery forever.
What types of damages can I recover in a birth injury lawsuit?
Compensation typically covers Economic Damages., such as past and future medical bills, lifelong nursing care, physical therapy, and lost future earning capacity for the child. You can also seek Non-Economic Damages for the child's physical pain, mental suffering, and loss of enjoyment of life. In some states, parents can also recover for their own emotional distress.
Will my case go to trial?
Most birth injury cases are settled out of court before a trial occurs. Hospitals and insurance companies often prefer to settle to avoid the risk of a large jury verdict and negative publicity. However, if the defense refuses to offer a fair settlement that covers your child's lifetime needs, our legal team is prepared to take the case to trial to fight for maximum compensation.
What are the most common preventable birth injuries?
Common injuries that lead to lawsuits include Cerebral Palsy (often caused by oxygen deprivation), Erb’s Palsy or Brachial Plexus injuries (caused by excessive pulling on the neck during delivery), Hypoxic-Ischemic Encephalopathy (HIE) (brain damage from lack of oxygen), and bone fractures. These are often linked to failures in monitoring or responding to complications.
Can I afford a birth injury lawyer?
Yes. Most reputable birth injury law firms, including The Killino Firm, operate on a contingency fee basis. This means you pay nothing upfront—no retainer fees or hourly rates. Your lawyer only gets paid a percentage of the settlement or verdict if they win your case. If they do not win, you owe them nothing.
What is the "Standard of Care"?
The Standard of Care is the legal yardstick used to measure negligence. It is defined as the level of skill and care that a reasonably competent medical professional in the same field would have provided under similar circumstances. To win a case, you must prove that your doctor or nurse failed to meet this standard and that this failure directly caused your child's injury.
Can I sue if my child's injury wasn't diagnosed until years later?
Yes, in many cases. Some injuries, like developmental delays or cerebral palsy, are not immediately apparent at birth. Some states have a "Discovery Rule" that starts the clock on the statute of limitations only when the injury was—or reasonably should have been—discovered. This protects families whose children receive a late diagnosis.
Who can be held liable for a birth injury?
Liability can extend beyond just the delivering obstetrician. Defendants in a birth injury lawsuit can include nurses, anesthesiologists, midwives, the hospital itself (for systemic failures or understaffing), and even pharmaceutical companies if a medication caused the harm. Your legal team will identify all responsible parties to ensure full accountability.
Contact our Experienced Birth Injury Lawsuit Lawyers Today
