Birth Injury Lawsuit

A birth injury lawsuit may involve one or more of these conditions. This may be possible when negligent medical care caused or exacerbated the harm.

Not all birth injuries mean that malpractice occurred. But concerns about the care may arise when fetal distress was missed or a C-section was delayed.

An untreated infection or too much use of force during delivery can also raise concerns. Improper use of forceps or a vacuum can worsen birth trauma or may contribute to asphyxia as well.

Research on forceps and vacuum extraction has focused on how these procedures can affect a baby during delivery. Research suggests that improper use of such tools may increase the risk of birth trauma or asphyxia.

There are also many other ways that birth injuries can occur.

Bone Fractures & Other Physical Birth Injuries

A difficult delivery can cause clavicle or skull fractures, spinal injuries, scalp swelling, or other trauma. Excessive force during delivery has also been the subject of some malpractice cases involving serious injury to a baby.

Shoulder Dystocia

Shoulder dystocia occurs when a baby’s shoulder gets stuck during delivery. Improper delivery techniques or too much pulling can injure the nerves or bones and might lead to bleeding.

Explore our guide to shoulder dystocia lawsuits.

Federal court records address allegations of improper shoulder dystocia management, which includes excessive traction. The family alleged that excessive traction during childbirth led to irreversible nerve trauma.

Birth Trauma

An Ohio case described allegations that problems with monitoring and managing a difficult labor led to preventable harm and caused birth trauma. Birth trauma refers to a physical injury that can occur during pregnancy, labor, delivery, or shortly after birth.

Learn more about birth trauma lawsuits.

Erb’s Palsy & Brachial Plexus Injuries

The brachial plexus is a group of nerves that controls the shoulder, arm, and hand. Stretching or tearing these nerves may cause nervous system problems.

Learn more about brachial plexus injuries and Erb’s palsy lawsuits.

Excessive force during delivery may injure the baby. Problems with how the delivery was performed may also lead to a malpractice claim.

Cerebral Palsy

Cerebral palsy can impact the baby’s movement and posture. At times, families believe that a lack of oxygen, an infection, or missed fetal distress contributed to the brain injury. Courts have also discussed malpractice claims involving cerebral palsy where families connected the brain injury to the medical care that their child received.

Read about cerebral palsy lawsuits.

Birth Asphyxia

Birth asphyxia means that the baby did not receive enough oxygen around the time of delivery. Possible contributing factors include fetal distress, umbilical cord problems, or prolonged labor. Research on fetal distress has examined failures in recognizing or responding to fetal distress.

Learn about birth asphyxia lawsuits.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain injury caused by reduced oxygen and blood flow. Sometimes, fetal distress is missed.

Explore HIE birth injury claims.

Other times, treatment is delayed. A New York case raised a similar issue. The family bringing the lawsuit stated that the delay in treatment contributed to the baby’s HIE.

Newborn Brain Damage

Brain damage after birth may also be linked to several causes. These include loss of oxygen, infection, bleeding, untreated jaundice, or physical trauma. The cause of the injury requires medical evaluation.

See our guide to newborn brain damage lawsuits.

Some birth-related brain injuries are not obvious at first. Research on birth injury claims noted that problems may become much clearer after a child misses developmental milestones.

Courts have also considered claims involving brain damage during labor and delivery.

Stillbirth

A stillbirth may support a malpractice claim when negligent prenatal or delivery care may have caused or contributed to the fetal death. A New York court decision addressed allegations that involve negligent medical care and stillbirth. A stillbirth alone, however, does not necessarily prove malpractice.

Learn when families may pursue a stillbirth lawsuit.

Wrongful Death Caused by a Birth Injury

When a baby dies around the time of birth, the family may have many questions about the medical care provided. In some cases, the family may pursue a wrongful death lawsuit.

Read about infant wrongful death claims.

For example, in one case, the family claimed that negligent pregnancy care contributed to the death of the baby. Then the parents brought medical malpractice and wrongful death claims.

Klumpke’s Palsy

Klumpke’s palsy affects the nerves that help control a baby’s arm and hand. Issues that occur during delivery may sometimes injure these nerves. When that happens, the family may question how the delivery was handled.

Explore Klumpke’s palsy lawsuits.

A Delaware medical malpractice case involved a child diagnosed with both Erb’s palsy and Klumpke’s palsy following complications during delivery. These conditions can happen when the nerves in a baby’s shoulder and arm are hurt during birth.

Liability can depend on who failed to meet the medical standard of care. It may also depend on whether that oversight led directly to the harm or made it worse.

Doctors and OB-GYNs

Issues can happen when a doctor misses fetal distress or does not promptly treat an infection. When a surgical delivery is delayed, or issues are handled poorly, the medical care may also be questioned.

Learn when you may sue a doctor for a birth injury.

Research on delayed C-sections has examined some delays in performing medically indicated C-sections after fetal compromise is identified. A delay may become an issue in a malpractice claim when it adds to the injury of the child.

Hospitals and Nursing Staff

The hospital itself and the nursing staff may also be part of a birth injury case. Sometimes the issue is that the mother was not monitored properly or that treatment was delayed. The problems may include errors in medication or delayed responses to complications.

A delay in diagnosing or treating the complication can be very serious for both the mother and baby. That same issue came up in a New York court decision, where the family who brought the lawsuit alleged that the medical team did not respond as early as needed.

Defective Devices or Prescription Drugs

There are also drug-related claims that may arise if medical providers ignore a known contraindication or neglect to explain a known pregnancy risk. Claims that concern a medical device would depend on the product and what happened.

The type of case depends largely on whether the child survived and what kind of harm occurred. From there, the family’s legal options may depend on the facts of the case and the laws in their state.

Explore our lawsuit information resources for other legal claims.

Medical Malpractice Lawsuits

Remember that a negative outcome alone does not automatically prove that malpractice occurred. The family generally has to present evidence that a provider failed to meet the standard of care and that this failure caused the injury.

Read more about medical malpractice lawsuits.

The standard of care and what caused the injury can become primary issues in a birth injury case. A federal birth injury case reported by the U.S. Department of Justice addressed the standard of care and causation.

Wrongful Death Lawsuits

When alleged medical negligence causes a stillbirth or a baby’s death before, during, or shortly after delivery, a wrongful death claim may apply depending on state law. The family may then have legal options to consider.

A family usually has to show evidence that the care fell below the required standard. They also need to link the alleged negligent care to the injury and the harm that followed.

The Standard of Care in Childbirth

The standard of care may depend on how the mother and baby were monitored and treated. It can also depend on how the delivery tools were used and how the medical team handled any issues that came up.

Gathering Evidence

A lawyer may review:

• Prenatal records

• Labor and delivery records

• Newborn and NICU records

• Treatment and therapy records

• Available images, videos, and witness accounts

• Previous and expected care costs

Prenatal, delivery, and newborn records can be important in cases that involve negligence. A federal appeals court opinion addressed how medical professionals may use such types of records when examining what happened.

Expert Medical Testimony

One federal court opinion discussed the role of medical testimony in evaluating standard-of-care and causation issues. In cases like this, medical experts may be needed to explain relevant matters.

These include what the standard of care requires and whether the provider departed from it. They may also explain if that departure caused or worsened the injury.

Potential compensation may include medical care and therapy costs. It may cover equipment or caregiver costs.

Future care needs may be considered. The compensation available will depend on the circumstances of each case.

Average Birth Injury Settlement Amounts

How much a birth injury lawsuit is worth may depend on how severe the injury is, the future care plans, available evidence, and state law.

Much would depend on how serious the injury is, the care the child may need later, and the available evidence. Because every case is different, national averages may not accurately reflect what an individual family could recover.

Notable Birth Injury Case Verdicts

Birth injury cases have involved cerebral palsy, brain damage, birth asphyxia, vacuum extraction injuries, brachial plexus injuries and more.

Past cases do not predict the results of another case.

Factors That Determine Your Case Value

Common factors include:

• The nature and permanence of the injury

• Past and future medical expenses

• Long-term therapy or nursing needs

• Caregiver loss of income

• Pain and suffering

• The quality of the medical evidence

• Any applicable state-specific damage caps

Families may consider filing a birth injury lawsuit to seek compensation for care costs and hold negligent providers accountable. A claim may also uncover problems in medical care.

Cover the Cost of Long-Term Care

Serious birth injuries may require the baby to have years of treatment. Compensation may help with surgery, therapy, medication, nursing care, special education, or mobility equipment.

Hold Negligent Parties Accountable

A birth injury claim may seek to hold a provider or hospital financially accountable when alleged negligence caused preventable harm. Liability still has to be established based on the available evidence.

Help Protect Other Families

A legal case may reveal problems in care or repeated failures involved in the process. In some situations, it can lead to changes in training, procedures, or oversight.

Every state has its own deadline for the filing process of a birth injury lawsuit. How much time a family has may depend on when the injury happened or when it was detected or reasonably should have been discovered. There may also be different rules when the case involves a child.

Waiting for too long could leave the family with fewer legal options. Getting the case assessed early by a lawyer can help identify how much time may still be available.

The process can vary from one state to another. Still, a birth injury claim may go through various common stages.

1. Free Case Review / Consultation

The legal team will want to hear what occurred. They may ask certain questions about the pregnancy.

Other questions they may ask would be about the birth history, the delivery, and the child’s injury or treatment. From there, the legal team will decide whether the case needs further investigation.

2. Investigation & Collecting Evidence

The lawyer may go over the medical records and start putting the timeline together. They may also look at the treatment that the child has received and what care could be needed later.

3. Filing the Lawsuit (Complaint & Notice of Intent)

Once the case is ready to move forward, the complaint identifies who is being sued and what the family says went wrong. Depending on the state, there may be other steps that have to happen before filing.

4. Discovery

During discovery, both sides may exchange records, answer written questions, and gather additional evidence.

5. Negotiating a Settlement

A birth injury lawsuit does not always proceed to trial. Both sides may discuss a possible settlement even before trial.

The family can review any settlement offer with their lawyer. They may also consider the injury of the child, current expenses, and care that may be needed later.

6. Trial (If Necessary)

A case that does not settle may proceed to trial. This is when a judge or jury will hear the evidence presented.

Some firms offer a free first consultation. You can ask about fees and other costs before hiring the firm.

If your child was injured during birth and you believe problems with medical care may have contributed, you may have legal options.

Choosing a law firm for a birth injury lawsuit can start with a few questions. Families can ask how the firm handles medical charts, deadlines, medical testimony, and cases that go to trial. Families can request a free case review to discuss what happened and what legal options may be available.

Get a Free Consultation for a Birth Injury Lawsuit