When a birth injury occurs, families are often left with more than just emotional pain—they may also face long-term medical care, developmental challenges, and financial uncertainty. If the injury was caused by a preventable mistake during labor, delivery, or prenatal care, filing a birth injury lawsuit may be the best way to secure the resources your child needs.
But how do you know if you actually have a case? This article walks you through the key factors in determining whether you’re eligible to file a birth injury lawsuit, what evidence is required, and how to begin the legal process.
Understanding Birth Injuries
A birth injury refers to harm that a baby suffers before, during, or shortly after delivery. These injuries can vary in severity—from temporary conditions that resolve within weeks to permanent disabilities like cerebral palsy or brain damage. Some of the most common birth injuries include:
- Erb’s palsy (nerve damage affecting the arm)
- Cerebral palsy (movement and coordination disorder)
- Brain damage from oxygen deprivation
- Skull fractures or intracranial bleeding
- Spinal cord injuries
If your child was diagnosed with one of these or another serious condition shortly after birth, and there were complications during labor, it’s worth exploring the possibility of a medical error.
Do You Have a Birth Injury Case?
To determine whether you have grounds for a lawsuit, several legal elements must typically be present:
- A Doctor-Patient Relationship
This is the simplest part to establish—you were under the care of a medical provider during pregnancy, labor, and/or delivery.
- Negligence or Substandard Care
You must show that your medical provider failed to meet the accepted standard of care according to the Birth Injury Justice Center. This might include failing to monitor the baby’s oxygen levels, not ordering an emergency C-section when necessary, or misusing forceps or a vacuum extractor.
- Injury Caused by the Negligence
It must be shown that the provider’s actions—or lack of action—directly caused harm to the baby.
- Significant Damages
The injury must have resulted in measurable harm, such as costly medical bills, permanent disability, emotional distress, or reduced quality of life.
Levin & Perconti highlights real-world examples of successful lawsuits where these four components were clearly proven, helping families receive significant compensation for lifelong care.
Common Medical Mistakes That Lead to Lawsuits
While not all poor outcomes are due to malpractice, some mistakes are red flags:
- Failure to perform a timely C-section
- Ignoring signs of fetal distress
- Improper use of delivery tools
- Neglecting to monitor high-risk pregnancies
- Mishandling shoulder dystocia or breech presentations
If any of these situations occurred during your delivery, and your child now has a disability, they could be linked—and a lawsuit may be warranted.
According to The Lawsuit Information Center, the average compensation for serious birth injury cases is often substantial due to the long-term care involved.
What Evidence Is Needed?
If you’re considering legal action, collecting the right evidence is key. Your legal team will likely ask for:
- Medical records (prenatal, labor, and delivery)
- Fetal monitoring data
- APGAR scores and NICU admission details
- Witness statements (including nursing staff)
- Expert medical opinions
A birth injury attorney can help organize these documents and work with medical experts to identify where the standard of care was breached.
How Long Do You Have to File?
Each state has a statute of limitations—or legal deadline—for filing a medical malpractice lawsuit. In birth injury cases, this window may be extended to allow for the time it takes to detect and diagnose the injury. In some states, parents have until the child turns 8 or even older, while others may require action within just a few years.
It’s critical to speak with an attorney as soon as you suspect a birth injury to avoid missing the window to file.
What Kind of Compensation Can You Get?
If your claim is successful, compensation may include:
- Current and future medical expenses
- Costs of therapy and assistive devices
- Lost income (if a parent must leave work to care for the child)
- Special education services
- Pain and suffering
- Diminished quality of life for the child and family
The team at Morgan & Morgan notes that while every case is different, many birth injury lawsuits settle out of court—providing financial relief without the stress of a prolonged trial.
How to Get Started
Here’s a step-by-step outline if you’re thinking about filing a lawsuit:
- Document everything – Keep records of doctor visits, diagnoses, and therapy.
- Request your medical records – This includes labor and delivery notes and fetal monitoring reports.
- Consult a birth injury attorney – Most offer free case evaluations.
- Allow experts to review the case – Medical experts will assess whether negligence occurred.
- Decide whether to file – Your attorney will guide you through the process if you have a viable claim.
Cerebral Palsy Guidance is also a helpful resource for families seeking support after a birth injury diagnosis, especially for conditions like cerebral palsy that may require long-term care.
Additional Thoughts
No parent ever expects to face a birth injury, and even fewer are prepared for the long road of recovery, treatment, and financial strain that may follow. But if your child’s condition was caused by a preventable mistake, a birth injury lawsuit may be the path toward justice—and toward securing the future your child deserves.
To find out whether you have a case, speak with a qualified birth injury attorney and begin gathering the facts. While no amount of money can undo what happened, financial compensation can make a world of difference in helping your child thrive.
If you’re unsure where to begin, resources like Levin & Perconti and Cerebral Palsy Guidance offer free tools, support, and case reviews to help families move forward.
