Birth Injuries Don’t Just Happen. Don’t Suffer Alone. Get Help.

Injuries to your baby during childbirth can result in long lasting and severe physical, emotional, and financial strain on you and your family.

Don’t blame yourself for something that was not your fault. Take a look at our simple guide to see how you may be able to GET HELP NOW.

See if You Qualify for a Free Case Review in Minutes







baby with mother

How Can I Get Help?

Investigate Options

You can work with a Legal Team and Expert Medical Professionals to help you understand options to investigate and get clarity on the cause of your baby’s birth injury.

File A Legal Claim

Your Legal Team can help you to file a legal claim against the hospital or medical teams who were responsible for your child’s injuries and condition.

Secure Financial Help

Your Legal Team can help you secure financial help for your child’s lifelong medical expenses, corrective medical procedures and care.

Find Relief

While no one can reverse what has happened and turn back time, your Legal Team can help to get you and your family financial support for what has happened.


How Do I Know if My Child Was Injured due to Medical Malpractice?

Given the complexities of birth injuries and the medical profession, you should think about consulting with a Legal Team and Medical Professionals about whether your baby’s injuries are a result of Medical Malpractice.

According to the Centers for Disease Control (CDC), about 7 in every 1,000 children will suffer from a birth injury.


According to a study from the TDC Group, the average medical malpractice claim payout for children sustaining injuries under one month old was nearly $1 million.

Lawyers can request your medical records and work with medical experts to investigate what happened and who could be to blame. The Legal Team will advise you if they believe your doctors and medical team during the birth failed to meet the standard of care when delivering your child, a birth injury lawsuit may be viable.


Birth Injury Lawsuits & Medical Negligence

When a baby is injured or harmed during childbirth, you, as the parents, may be able to file a medical malpractice lawsuit with the help of your Legal Team against the hospital, medical team and medical professionals who were part of your baby’s delivery and care. Medical negligence occurs when a healthcare professional’s performance falls below the standard of care expected in the medical community. Injuries to your baby at birth that are caused by medical negligence may be caused by some of the following situations:

Improper Forceps Use

When a mother is having difficulty delivering her child or if the infant is improperly positioned in the womb, the attending physician may use forceps to help the child along. Proper use of forceps could reduce the child’s risk of oxygen deprivation and fetal distress, conditions that have been linked to cerebral palsy and other birth injuries. However, doctors have to be extremely careful, as forceps can cause nerve damage in the child’s neck or chest, and other, less severe injuries to the head.

Improper Vacuum Use

When the mother is having difficulties expelling the fetus from the birth canal, a vacuum may be needed to assist her. Vacuums can be latched onto a baby’s shoulder or head and guide the child through the birth canal. Doctors and nurses are responsible for properly placing the vacuum on the infant. When the vacuum is improperly used, severe injuries to both the mother and newborn can result.

Delay in Ordering a Caesarian Section

Emergency C-sections are ordered if the child is suffering from fetal distress. This often occurs when the child’s heart rate slows as a result of a sudden drop in the mother’s blood pressure, bleeding from placental abruption or other problems in delivery. Other conditions that may also require an immediate C-section include uterine ruptures, cord prolapses, slowed labor, and placenta previa (placenta covering the cervix). If the delivery team fails to recognize that the mother needs to have a C-section delivery, they may be liable if their lack of perception causes injuries for the mother and/or child.


Hypoxia is a condition that takes place when the child’s brain is not receiving enough oxygen. During childbirth, hypoxia can be caused by a tangled umbilical cord, infection or damage to the placenta. Medical practitioners are trained to detect hypoxia well in advance and to take steps to eliminate the chance of harm to either the mother or child. If the doctor fails to notice the hypoxic event and take quick, necessary action to avoid injury, they may be liable for any resulting damages. If hypoxia is not quickly addressed, the child can develop chronic mental and physical disabilities.


Birth injuries may also result from the following situations, which may indicate medical negligence because the Medical Team did not:

  • Perform tests during pregnancy
  • Monitor and act on changes in the fetus’ condition
  • Diagnose or treat infections, placental abruption or previa, umbilical cord entrapment, or premature rupture of the membranes
  • Adequately use the labor-inducing drug
  • Refer high-risk patients to doctors specialized in this area
  • Perform sufficient prenatal testing

If you are not sure whether your baby was injured during birth, then you should consult with your doctor immediately. Here are some examples of the most common symptoms of birth injury:

  • Blindness or Deafness
  • Seizures
  • Developmental Issues
  • Excessive Sleep and Lethargy
  • Physical Issues such as Floppy Muscles
  • Learning Difficulties
  • Lack of Movement

What Are The Types of Birth Injuries?

Legal Teams can investigate the following types of injuries that your child may have experienced during childbirth:


Child has been diagnosed with one of the following: Cerebral Palsy, HIE (Hypoxic-ischemic encephalopathy), Erb’s Palsy, Shoulder Dystocia, or Brachial Plexus


Child was born in a depressed state, needed to be resuscitated at birth, and remained hospitalized in a NICU for longer than 4 days at birth hospital or transfer hospital


Child received head or body cooling after birth, which is known as therapeutic hypothermia


Child had seizures or received anti-seizure medication during the first week of life


Child underwent head imaging, such as head ultrasound, CT, or MRI


Child suffered kernicterus (a high bilirubin level causing jaundice and brain dysfunction), other form of brain damage, or meningitis as a result of any alleged medical malpractice, either during the birth hospitalization or within the first month of life (such as being readmitted with meningitis within 2 weeks after birth)

birth injuries

What Can My Family Be Awarded in a Birth Injury Claim?

When a child suffers a severe birth injury as a result of medical negligence, the family may be entitled to monetary damages. Damages provide compensation for losses suffered as a result of the medical provider’s negligence. Compensation can cover both monetary losses and intangible losses such as a decreased quality of life. Damages for the following may be available in a birth injury lawsuit:

Past and future medical expenses
Pain and suffering
Loss of society and companionship
Loss of life’s enjoyment
Lost wages
Additional healthcare costs (e.g., occupational therapy, counseling, in-home care, special vehicles or equipment, home modifications)

What If My Child’s Birth Injury Happened a Long Time Ago?

There may be some time restrictions in certain states to allow your Legal Team to file a claim on your behalf. To avoid any time restrictions impacting your ability to get answers you should speak with a Legal Team as soon as possible. Complete the simple steps in this contact form for a FREE CASE EVALUATION.

doctor with child