How to File a Birth Injury Lawsuit: A Step-by-Step Guide for Parents

Filing a birth injury lawsuit can feel overwhelming when you’re already coping with your child’s medical needs and uncertain future. If you believe your son or daughter suffered a preventable injury during labor and delivery due to medical negligence, understanding the legal process is an important step toward getting answers and securing the resources your family needs. While every case is unique, the birth injury lawsuit process follows a general framework that helps families hold negligent healthcare providers accountable and recover compensation for their child’s injuries.

If medical malpractice caused your child’s birth injury, you may have the right to pursue legal action. A birth injury attorney can evaluate your case at no cost and explain whether you have grounds for a lawsuit. Because time limits apply to filing medical malpractice claims, it’s important to consult with a lawyer sooner rather than later. Contact a birth injury lawyer today for a free, confidential case evaluation.

On this page:

  • Initial consultation and case evaluation
  • Medical record collection and review
  • Expert witness review
  • Filing the complaint
  • Discovery phase
  • Settlement negotiations
  • Trial preparation and court proceedings
  • Verdict and compensation
  • Understanding the timeline
  • What you need to get started
  • Costs and fees
  • Choosing the right attorney
  • Frequently asked questions

Understanding Birth Injury Lawsuits

Gavel, stethoscope, and law book arranged together, representing the legal and medical aspects of understanding a birth injury lawsuit.A birth injury lawsuit is a type of medical malpractice claim that alleges healthcare providers failed to meet the accepted standard of care during pregnancy, labor, or delivery, resulting in preventable harm to your baby. These cases differ from standard personal injury claims because they require proving that medical professionals deviated from what other competent practitioners would have done in similar circumstances.

Birth injury cases can involve various medical conditions, including cerebral palsy, hypoxic-ischemic encephalopathy (HIE), Erb’s palsy, brain damage, and other serious complications. Not every birth injury results from negligence—some complications occur despite appropriate medical care. However, when preventable errors cause harm, families have the right to pursue compensation.

Common examples of medical negligence during birth include failure to monitor fetal heart rate patterns, delayed response to signs of fetal distress, improper use of delivery instruments like forceps or vacuum extractors, failure to perform a timely emergency C-section, and inadequate treatment of maternal infections. Understanding whether malpractice occurred requires careful examination of your medical records by qualified experts.

Step 1: Initial Consultation and Case Evaluation

The birth injury lawsuit process begins with contacting a qualified attorney who focuses on medical malpractice cases. Most birth injury lawyers offer free initial consultations where they’ll listen to your story, ask detailed questions about your pregnancy and delivery, and provide an honest assessment of whether your case has merit.

During this first meeting, be prepared to discuss the circumstances surrounding your child’s birth. The attorney will want to know about any complications during pregnancy, what happened during labor and delivery, how your baby appeared at birth, and what symptoms or diagnoses have emerged since then. Bringing a timeline of events can be helpful, though it’s not required at this stage.

The lawyer will explain the legal concept of standard of care—the level of care that a reasonably competent healthcare provider would have provided under similar circumstances. They’ll also discuss the four elements that must be proven in any medical malpractice case: duty (the provider had a responsibility to care for you and your baby), breach (they failed to meet the standard of care), causation (their failure directly caused the injury), and damages (your family suffered harm as a result).

This initial consultation is your opportunity to ask questions about the attorney’s experience with birth injury cases, their track record of settlements and verdicts, how they communicate with clients, and what the process will involve. A reputable lawyer will never pressure you to make an immediate decision and will give you time to consider your options.

If you’re still within the early months or years after your child’s birth, don’t wait too long to seek legal guidance. Statute of limitations deadlines vary by state but typically range from two to six years, with some states providing extensions for cases involving minors. Missing this deadline means losing your right to pursue compensation.

Step 2: Medical Record Collection and Review

Once you decide to move forward and sign a representation agreement, your attorney will begin gathering all relevant medical records. This comprehensive collection process is critical to building your case and includes records from prenatal care, labor and delivery, postpartum care, and your child’s subsequent medical treatment.

The attorney will request records from your obstetrician’s office, the hospital or birth center where delivery occurred, any specialists who provided care during pregnancy, your pediatrician, and specialists who have treated your child since birth. You’ll need to sign authorization forms allowing these providers to release your records to your legal team.

Medical record review is meticulous work that requires understanding complex medical terminology, hospital protocols, and standard procedures. Your attorney’s team will analyze fetal monitoring strips, nursing notes, physician orders, medication records, laboratory results, imaging studies, and operative reports. They’re looking for deviations from the standard of care, delayed interventions, communication breakdowns, and other evidence of negligence.

This phase can take several weeks to several months, depending on the number of providers involved and how quickly medical facilities respond to record requests. Some hospitals are prompt in providing records, while others require repeated follow-up or even subpoenas to release complete files.

Your legal team will create a detailed timeline of events, documenting exactly what happened during each phase of your pregnancy and delivery. This timeline becomes an important tool for identifying when things went wrong and which providers were responsible for care decisions at critical moments.

Step 3: Expert Witness Review and Opinion

Birth injury cases cannot succeed without expert medical testimony. Because these cases involve complex medical questions that go beyond the knowledge of average jurors, qualified experts must review your case and provide opinions about whether malpractice occurred.

Your attorney will send your medical records to one or more medical experts with relevant credentials. For birth injury cases, this typically includes obstetricians, maternal-fetal medicine specialists, neonatologists, pediatric neurologists, or other specialists depending on the specific circumstances and injuries involved. These experts practice in the same or similar specialties as the defendants and understand the standard of care that should have been provided.

The expert will conduct an independent review and provide a written opinion addressing several key questions: Did the healthcare providers breach the standard of care? If so, how did they deviate from accepted practices? Did this breach directly cause your child’s injuries? What would have happened if appropriate care had been provided?

If the expert concludes that negligence occurred and caused your child’s injuries, this opinion becomes the foundation of your lawsuit. In most states, you cannot file a medical malpractice complaint without first obtaining an expert affidavit or certificate of merit stating that the case has validity. This requirement prevents frivolous lawsuits from moving forward.

Some cases require multiple experts. For example, you might need an obstetrician to testify about labor and delivery management, a neonatologist to address newborn care, and a life care planner to calculate the future costs of your child’s medical needs and therapies. Your attorney will identify which experts are necessary to prove your case comprehensively.

Expert witness fees vary but typically range from several hundred to several thousand dollars for the initial review. Additional fees apply for deposition testimony and trial appearance. Reputable birth injury attorneys advance these costs on your behalf and are reimbursed from any settlement or verdict, so you don’t pay anything out of pocket during the case.

Step 4: Filing the Complaint

Once your attorney has medical records, expert opinions supporting negligence, and a clear understanding of your damages, they’ll prepare and file a legal complaint (also called a petition in some states) with the appropriate court. This formal document initiates your lawsuit and must be filed before your state’s statute of limitations expires.

The complaint identifies all defendants, which may include individual physicians, nurses, midwives, the hospital or birth center, and other healthcare entities. It outlines the facts of your case, specifies how each defendant breached the standard of care, explains how these breaches caused your child’s injuries, and states the damages you’re seeking.

Most states require that the complaint be accompanied by a certificate of merit or expert affidavit verifying that a qualified medical expert has reviewed the case and believes it has merit. Some jurisdictions require filing the actual expert report, while others simply need a certificate stating that an expert supports the claim.

After filing, the defendants must be formally served with the complaint, giving them notice of the lawsuit. Each defendant then has a specified period (typically 20-30 days) to respond. Their response usually includes an answer denying the allegations and asserting various legal defenses.

Defendants commonly file preliminary motions attempting to dismiss the case on technical grounds, such as arguing the statute of limitations has expired, claiming the complaint fails to state a valid claim, or asserting that you failed to comply with procedural requirements. Your attorney will respond to these motions, and the court will rule on whether the case proceeds.

Understanding how to prove birth injury malpractice involves presenting compelling evidence that medical negligence occurred and directly caused your child’s condition, which is why the preparation before filing is so thorough.

Step 5: Discovery Phase

Once the lawsuit survives any preliminary motions, the case enters the discovery phase—often the longest part of the litigation process. Discovery is the formal exchange of information between both sides, allowing each party to learn about the other’s evidence, witnesses, and legal theories.

Discovery includes several components. Interrogatories are written questions that each side must answer under oath, covering topics like the identities of witnesses, descriptions of events, and details about damages. Requests for production of documents require each side to provide relevant records, including medical records, employment records, tax returns, and other documents that might relate to your child’s care or your family’s damages.

Depositions are sworn testimony sessions where attorneys question witnesses before a court reporter. Key depositions in birth injury cases typically include the parents, treating physicians, labor and delivery nurses, hospital administrators, and expert witnesses from both sides. Depositions can last several hours or even multiple days for complex cases.

Your deposition will likely occur at some point during discovery. Your attorney will prepare you thoroughly, explaining what to expect and reviewing potential questions. You’ll testify about your pregnancy, what you remember about labor and delivery, your child’s symptoms and diagnosis, how the injury has affected your family, and your child’s ongoing medical needs. While depositions can feel intimidating, remember that you’re simply telling the truth about your experience.

The defendants will also depose their own expert witnesses who will likely testify that the care provided met the standard and that the injury wasn’t preventable. Your attorney will depose these defense experts, challenging their opinions and identifying weaknesses in their testimony.

Discovery typically lasts 12-18 months in birth injury cases, though complex cases with multiple defendants or disputed medical issues may take longer. This phase involves substantial work by your legal team and represents one reason why experienced attorneys are necessary for these complicated cases.

Step 6: Settlement Negotiations

While discovery proceeds, settlement discussions often begin. Most medical malpractice cases—approximately 90-95%—settle before trial. Settlements allow both sides to avoid the uncertainty, expense, and time commitment of a trial, though they require compromise from all parties.

Settlement negotiations may occur informally between attorneys or through formal mediation sessions with a neutral mediator facilitating discussions. During mediation, both sides present their case to the mediator, who then works with each party separately to explore possible resolution.

Your attorney will evaluate any settlement offer based on several factors: the strength of your evidence, the credibility of witnesses, the severity of your child’s injuries, the economic damages (past and future medical expenses, therapy costs, special education needs, lost earning capacity), and non-economic damages (pain and suffering, diminished quality of life).

When considering birth injury settlements, understand that the decision to accept or reject an offer is ultimately yours. Your attorney will provide guidance and recommendations based on their experience, but you control whether to settle or proceed to trial.

Settlements in birth injury cases vary widely depending on the severity of the injury and the child’s long-term needs. Cases involving permanent disabilities like severe cerebral palsy or brain damage typically result in higher compensation than cases involving injuries that resolve with treatment. Verdicts and settlements can range from hundreds of thousands to multiple millions of dollars.

One advantage of settlement is certainty—you know exactly what compensation your family will receive and can begin accessing those funds relatively quickly. Proceeding to trial involves risk; juries can be unpredictable, and there’s always a possibility of receiving less than offered in settlement or losing the case entirely.

If your child is a minor, most states require court approval of any settlement to protect the child’s interests. A judge will review the settlement terms to ensure the amount is fair and that the funds will be properly managed for the child’s benefit, often through a structured settlement or trust.

Step 7: Trial Preparation and Court Proceedings

If settlement negotiations fail to produce an acceptable resolution, your case proceeds to trial. Trial preparation intensifies in the months leading up to the court date, with your legal team finalizing witness lists, preparing exhibits, creating demonstrative aids, and developing trial strategy.

Your attorney will file various pretrial motions, including motions in limine that seek to exclude certain evidence or testimony from trial. Both sides will submit trial briefs outlining their legal arguments and the evidence they plan to present.

Jury selection (voir dire) is the first phase of trial. Attorneys question potential jurors to identify any biases or predispositions that might affect their ability to be fair. Your attorney will look for jurors who can understand complex medical testimony, empathize with your family’s situation, and fairly evaluate evidence of negligence.

The trial itself follows a structured format. Opening statements allow each side to preview their case for the jury. Your attorney will explain what happened during your child’s birth, how medical negligence caused preventable injuries, and what evidence will prove these claims. The defense will argue that care met the standard and that the injury wasn’t preventable.

Witness testimony comprises the bulk of trial. Your side presents its case first, calling witnesses that may include you and other family members (testifying about the injury’s impact), treating physicians (describing your child’s condition and needs), and expert witnesses (explaining how the defendants breached the standard of care). The defense cross-examines each witness, attempting to undermine their credibility or create doubt about causation.

After your side rests, the defense presents its case, typically including testimony from the defendant physicians and nurses, hospital administrators, and their own expert witnesses who will testify that care was appropriate. Your attorney cross-examines these witnesses, highlighting inconsistencies and challenging their conclusions.

Closing arguments give attorneys their final opportunity to persuade the jury. Your lawyer will synthesize all the evidence, remind jurors of key testimony, explain how the evidence proves negligence and causation, and argue for fair compensation. The defense will emphasize any uncertainty in the medical evidence and argue against liability or for reduced damages.

Birth injury trials typically last one to three weeks, depending on the number of witnesses and the case’s complexity. Throughout the trial, your attorney keeps you informed about how the case is progressing and what to expect next.

Step 8: Verdict and Compensation

After closing arguments, the judge instructs the jury on the applicable law, explaining the elements that must be proven and the standard of proof required. In civil cases like medical malpractice, your side must prove each element by a “preponderance of the evidence,” meaning it’s more likely than not that negligence occurred and caused the injury.

The jury deliberates privately, reviewing evidence and discussing the case until reaching a verdict. Deliberations can last hours or days. When the jury reaches a decision, everyone returns to the courtroom for the verdict reading.

If the jury finds in your favor, they’ll award damages based on the evidence presented about your child’s past and future needs. The verdict will specify economic damages (medical expenses, therapy costs, equipment needs, lost earning capacity) and may include non-economic damages for pain and suffering, depending on your state’s laws.

Some states cap non-economic damages in medical malpractice cases, limiting the amount that can be awarded for pain and suffering regardless of the injury’s severity. Your attorney will explain how your state’s laws affect potential recovery.

If the jury finds against you, your attorney will discuss whether grounds exist for appeal. Appeals focus on legal errors made during trial, not on disagreement with the jury’s factual findings. The appellate process can add years to your case.

After a favorable verdict, the defendants may file post-trial motions seeking to reduce the award or request a new trial. They may also appeal. If these efforts fail, the judgment becomes final, and defendants must pay the awarded amount, though payment may be delayed while they arrange financing or their insurance companies process the claim.

For minors, courts typically require that settlement or verdict funds be placed in a structured settlement, trust, or restricted account to ensure the money remains available for the child’s long-term needs. This protects the compensation from being spent inappropriately and ensures your child has resources available throughout their lifetime.

Understanding the Timeline: How Long Does the Process Take?

One of the most common questions families ask is how long filing a birth injury lawsuit takes from start to finish. While every case is different, understanding typical timelines helps you plan and set realistic expectations.

Initial consultation to filing the complaint typically takes three to six months. This period includes gathering medical records, having experts review the case, and preparing the formal complaint. Cases with extensive medical records or complex medical issues may take longer.

From filing to trial usually requires two to four years. The discovery phase alone often spans 12-18 months, and court dockets are frequently backlogged, meaning trial dates may be scheduled a year or more after discovery concludes.

Cases that settle can resolve more quickly, potentially within 18-24 months of filing, depending on when productive settlement negotiations occur. Some cases settle during discovery, while others don’t reach resolution until shortly before trial.

If your case goes to trial and results in an appeal, add another one to three years to the timeline. Appeals involve extensive briefing and oral arguments before appellate courts, and these courts often take months to issue decisions.

While these timelines may seem lengthy, remember that building a strong case requires thorough preparation. Rushing the process can compromise the quality of evidence and expert testimony, potentially undermining your chances of success.

During this extended process, your attorney handles the legal work while you focus on your child’s medical care and your family’s wellbeing. Regular communication with your legal team helps you stay informed about case progress without the stress of managing litigation yourself.

What You Need to Get Started

Starting a birth injury lawsuit requires gathering certain information and documents, though your attorney will help you obtain everything necessary. Having the following items ready can expedite the initial case evaluation.

Medical records from your pregnancy and delivery are the most important documents. This includes prenatal visit records, ultrasound reports, labor and delivery notes, fetal monitoring strips, operative reports if you had a C-section, and your baby’s hospital records from birth. If you already have copies, bring them to your consultation. If not, your attorney will obtain them after you sign authorization forms.

Your child’s subsequent medical records documenting diagnoses, treatments, and ongoing care needs are also relevant. This includes records from pediatricians, specialists (neurologists, developmental pediatricians, orthopedists), therapy providers (physical therapy, occupational therapy, speech therapy), and any hospitalizations or surgeries since birth.

A written timeline of events can be helpful, though not required. Jot down what you remember about your pregnancy, labor, and delivery: when contractions started, how long you were in labor, when you arrived at the hospital, what interventions occurred, when your baby was born, your baby’s condition at birth, and when problems first became apparent.

Information about your child’s current condition and needs helps attorneys understand the case’s full scope. This includes diagnoses, current symptoms and limitations, therapies and treatments your child receives, medications, equipment or devices your child uses, and how the injury affects daily life.

Documentation of expenses related to your child’s condition supports your damages claim. Keep records of medical bills, insurance explanation of benefits statements, receipts for out-of-pocket costs, mileage logs for medical appointments, and documentation of lost wages if you’ve had to reduce work hours or stop working to care for your child.

You don’t need all of this information before contacting an attorney. The most important first step is simply reaching out for a consultation. Your legal team will guide you through gathering whatever documentation is necessary to evaluate and pursue your case.

Understanding Costs and Legal Fees

Concern about legal costs prevents some families from pursuing legitimate birth injury claims. Understanding how birth injury attorneys charge for their services helps alleviate these concerns.

Most birth injury lawyers work on a contingency fee basis, meaning they only get paid if you recover compensation through settlement or verdict. If your case doesn’t succeed, you don’t owe attorney fees. This arrangement makes legal representation accessible to families regardless of their financial situation.

Contingency fee percentages typically range from 33% to 40% of the recovery, depending on the case’s complexity and whether it settles before trial or requires a verdict. The percentage is usually lower for cases that settle early and higher for cases that go through trial, reflecting the additional work required.

In addition to attorney fees, cases incur costs for expert witnesses, medical record acquisition, deposition transcripts, filing fees, and other litigation expenses. In a contingency fee arrangement, your attorney typically advances these costs and is reimbursed from any settlement or verdict. If the case doesn’t succeed, reputable firms absorb these costs rather than requiring you to pay them.

Before signing a representation agreement, make sure you understand the fee structure completely. Ask what percentage the attorney will charge, whether the percentage increases if the case goes to trial, how costs will be handled, and whether costs are deducted before or after the attorney fee is calculated (this affects the final amount you receive).

Reputable birth injury law firms provide clear, written fee agreements explaining all terms. Never sign an agreement you don’t understand, and don’t hesitate to ask questions about anything that’s unclear.

The contingency fee structure aligns your attorney’s interests with yours—they only succeed financially if your case succeeds. This motivates them to work diligently, build the strongest possible case, and pursue maximum compensation on your family’s behalf.

When you consider birth injury compensation and the resources it can provide for your child’s lifetime needs, the contingency fee structure makes experienced legal representation accessible when families need it most.

Choosing the Right Birth Injury Attorney

Birth injury lawyer in an office with legal documents and a stethoscope on the desk, representing the importance of choosing the right birth injury attorney.Selecting the right attorney significantly impacts your case’s outcome and your experience throughout the legal process. Birth injury cases require specific experience and resources that not all personal injury lawyers possess.

Look for attorneys who concentrate their practice on medical malpractice and birth injury cases specifically. These cases involve complex medical issues and require understanding of obstetric standards, neonatal care, and various birth injury conditions. An attorney who primarily handles car accidents or other personal injury cases may not have the specialized knowledge necessary.

Experience matters in medical malpractice litigation. Ask potential attorneys about their track record with birth injury cases: How many have they handled? What were the outcomes? Have they taken cases to trial, or do they only settle? While past results don’t guarantee future outcomes, they indicate whether the attorney has successfully managed cases similar to yours.

Resources are critical because birth injury cases require significant financial investment in expert witnesses, medical record analysis, and trial preparation. Large or well-established firms typically have the resources to fully fund case development without cutting corners.

Communication style affects your experience throughout the case. You want an attorney who listens carefully, explains legal concepts in understandable terms, responds promptly to your questions, and keeps you informed about case developments. During your initial consultation, pay attention to whether the attorney seems genuinely concerned about your situation and treats you with respect and compassion.

Ask about the attorney’s approach to your case. Will they personally handle your matter, or will it be passed to junior attorneys or paralegals? Who will be your primary contact? How often can you expect updates? Understanding these details helps set appropriate expectations.

Questions to ask potential attorneys include:

  • How many birth injury cases have you handled?
  • What is your success rate with these cases?
  • Have you taken birth injury cases to trial?
  • Who will actually work on my case day-to-day?
  • How do you communicate with clients?
  • What is your fee structure?
  • Do you have the resources to fully prepare my case?
  • What do you see as the strengths and challenges in my case?

Trust your instincts. You’ll be working with this attorney for potentially several years. Choose someone you feel comfortable with, who demonstrates competence and experience, and who seems genuinely committed to helping your family.

Special Considerations for Different Birth Injuries

While the general lawsuit process applies to all birth injury cases, certain conditions involve specific considerations that affect how cases are investigated and presented.

Cases involving cerebral palsy caused by malpractice require proving that oxygen deprivation or trauma during labor and delivery caused the brain damage underlying the condition. This often involves detailed analysis of fetal monitoring strips to identify signs of distress that were missed or inadequately addressed. Life care planners calculate lifetime costs for therapy, equipment, medications, and care needs.

Brachial plexus injuries and Erb’s palsy cases focus on whether excessive force was used during delivery, particularly in managing shoulder dystocia. These cases examine whether the obstetrician recognized risk factors for difficult delivery and whether a C-section should have been performed. Expert testimony addresses proper techniques for resolving shoulder dystocia without injuring the baby’s nerves.

Cases involving delayed C-section center on whether providers recognized indications for surgical delivery and acted within an appropriate timeframe. The “30-minute rule”—that emergency C-sections should occur within 30 minutes of decision—isn’t absolute but provides a reference point. Cases examine whether the delay caused preventable harm.

Vacuum extraction and forceps delivery injuries require evaluating whether these instruments were appropriately indicated, whether the provider had adequate training and experience, whether proper technique was used, and whether the instruments were abandoned after an appropriate number of attempts.

Understanding the specific medical issues relevant to your child’s condition helps your attorney identify the right experts, focus investigation on key areas, and present persuasive evidence of how negligence caused preventable harm.

Life After the Lawsuit: Moving Forward

Newborn baby, symbolizing life after a lawsuit and the hope of moving forward toward a brighter future.Regardless of how your case resolves, life continues beyond the lawsuit. For many families, pursuing legal action provides a sense of justice and accountability, helping them process what happened and find closure.

If your case results in compensation, those funds become an important resource for your child’s future. Work with financial advisors experienced in managing special needs trusts and structured settlements to ensure the money is invested wisely and remains available for your child’s lifetime needs.

The compensation can fund therapies and treatments that might otherwise be unaffordable, provide specialized equipment and home modifications that improve your child’s quality of life, support educational needs including special education services, and ensure your child has financial security throughout their life.

Beyond financial recovery, many families find value in knowing they’ve held negligent providers accountable. While no amount of money can undo what happened, successful cases can lead to improved hospital policies and better training that prevent future children from suffering similar injuries.

Focus on your child’s development and wellbeing remains paramount throughout and after the legal process. Early intervention services, consistent therapy, appropriate medical care, and family support significantly impact outcomes for children with birth injuries. The lawsuit shouldn’t distract from providing your child with every opportunity to reach their full potential.

Many families find support through connecting with others who’ve experienced similar situations. Organizations dedicated to specific conditions offer resources, information, and community. These connections remind you that you’re not alone and provide practical guidance from those who understand your journey.

Finding a Birth Injury Lawyer

If you believe medical negligence during childbirth caused your child’s injuries, consulting with an experienced birth injury attorney is an important step toward understanding your legal options and protecting your family’s future. The consultation process is straightforward and involves no obligation.

Start by researching attorneys or law firms that concentrate on birth injury and medical malpractice cases. Look for firms with substantial experience, proven track records, and the resources to handle complex litigation against hospitals and insurance companies.

Most birth injury attorneys offer free initial consultations where you can discuss your situation, ask questions, and learn whether you may have a valid case. Prepare for this meeting by gathering relevant documents and writing down questions you want to ask.

During the consultation, the attorney will evaluate your case based on the information you provide, explain relevant legal concepts, outline what the process would involve, and give an honest assessment of your case’s strengths and challenges. This meeting gives you a chance to determine whether this attorney is the right fit for your family.

Don’t wait too long to seek legal guidance. Every state has specific deadlines for filing medical malpractice lawsuits. Missing these statute of limitations deadlines means losing your right to pursue compensation, regardless of how strong your case might be.

If you decide to move forward, you’ll sign a representation agreement, and your attorney will begin the process of gathering records, consulting experts, and building your case. Throughout this process, you remain in control of major decisions while your legal team handles the complexities of litigation.

Your child deserves every opportunity to thrive despite the challenges they face. If medical negligence caused preventable harm during birth, pursuing legal action can provide resources that make a meaningful difference in your child’s life and future. Contact a birth injury attorney today to explore your legal options and take the first step toward securing the compensation your family deserves.

Most birth injury attorneys work on a contingency fee basis, meaning you pay no upfront costs or hourly fees. The attorney only gets paid if your case results in a settlement or verdict, typically taking 33-40% of the recovery. Your lawyer advances all case expenses including expert witness fees, medical record costs, and filing fees, and is reimbursed from any compensation received. If your case doesn’t succeed, you owe nothing.

The statute of limitations for birth injury lawsuits varies by state, typically ranging from two to six years from the date of injury or when the injury was discovered. Many states have special rules for cases involving minors that may extend this deadline. Because these time limits are strict and exceptions are limited, it’s important to consult a birth injury lawyer as soon as you suspect medical negligence occurred.

Proving a birth injury case requires medical records from your pregnancy, labor, delivery, and your child’s subsequent treatment, as well as expert testimony from qualified medical professionals who can explain how providers breached the standard of care and how this breach caused your child’s injuries. Your attorney will gather these records and retain appropriate experts to review your case. You don’t need to have all evidence before contacting a lawyer—they will help you obtain everything necessary.

Most birth injury lawsuits take two to four years from filing to resolution, though timelines vary based on case complexity, court schedules, and whether the case settles or goes to trial. Cases that settle may resolve more quickly, potentially within 18-24 months, while cases that proceed through trial and appeal can take longer. While this seems lengthy, thorough case preparation significantly improves your chances of securing fair compensation.

Many states have a “discovery rule” that delays the statute of limitations until the injury was discovered or reasonably should have been discovered. Some states also extend filing deadlines for minors, allowing lawsuits to be filed until the child reaches a certain age (often 18-21). Because these rules vary significantly by state, consult a birth injury attorney as soon as you suspect your child’s condition may have resulted from negligence during birth.

Compensation in birth injury cases typically includes economic damages like past and future medical expenses, therapy and rehabilitation costs, special education needs, assistive devices and equipment, home modifications, and lost earning capacity. You may also recover non-economic damages for pain and suffering, emotional distress, and diminished quality of life. The specific amount depends on your child’s injury severity and long-term needs.

Determining whether medical malpractice caused your child’s birth injury requires expert analysis of your medical records. Signs that may indicate negligence include failure to respond to fetal distress signals, delayed emergency C-section when complications arose, improper use of delivery instruments, failure to diagnose or treat maternal infections, medication errors, or inadequate newborn resuscitation. A birth injury attorney can have medical experts review your case to determine if the standard of care was breached.

Most birth injury lawsuits—approximately 90-95%—settle before trial. Settlement allows both sides to avoid the uncertainty, expense, and time commitment of trial. However, if settlement negotiations don’t produce fair compensation, your attorney should be prepared and willing to take your case to trial. When choosing a lawyer, select one with actual trial experience in birth injury cases, not just settlement experience.

You can potentially sue both the hospital and individual healthcare providers. Hospitals can be held directly liable for negligent policies, inadequate staffing, or failure to properly credential providers. They may also be vicariously liable for negligence by nurses and other employees. Physicians, whether employed by the hospital or independent practitioners with admitting privileges, can be sued individually. Your attorney will identify all potentially liable parties when building your case.

Most states require court approval of settlements involving minor children to protect the child’s interests. Courts typically require that settlement funds be placed in a structured settlement, special needs trust, or restricted account that preserves the money for the child’s long-term needs. This ensures compensation remains available throughout your child’s life for medical care, therapy, equipment, education, and other needs. A financial advisor experienced with special needs planning can help structure these arrangements appropriately.

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