Helping Victims Get Justice

Child Birthing Lawsuits

Were you or your child harmed during birth?

If your child suffered a birth injury due to medical negligence, you may be eligible for compensation.

Birth Injury Lawsuits: What Parents Should Know

When a medical team fails to use reasonable care during pregnancy, labor, delivery, or newborn care, the hospital, doctor, or other providers may be responsible for the harm that results. Birth injury cases are a type of medical malpractice claim. The key question is usually whether the providers followed accepted standards of care and acted quickly and appropriately when complications arose.

Not every complication is malpractice. But some birth injuries are preventable when the medical team properly monitors mother and baby, recognizes warning signs, and takes timely action.

Common Birth Injuries We Investigate

Cerebral palsy related to oxygen deprivation
Brain damage or hypoxic ischemic encephalopathy (HIE)
Shoulder dystocia injuries
Brachial plexus injury (Erb’s palsy) and shoulder dislocation
Fractures (collarbone or arm)
Facial nerve injuries
Seizures and developmental delays
Severe jaundice complications
Stillbirth and wrongful death

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What Can Cause a Preventable Birth Injury?

Birth injury claims often involve errors such as:

Failure to monitor fetal distress or respond to abnormal heart tracings
Delayed C-section when signs showed baby was in trouble
Mismanagement of shoulder dystocia, including excessive traction on the baby’s head or neck
Improper use of vacuum or forceps
Failure to address infection, high blood pressure, bleeding, or uterine rupture risks
Medication or dosing errors during labor and delivery
Failure to provide appropriate newborn resuscitation or NICU care

What Should I Do If I Suspect a Birth Injury?

Get medical care and specialist follow up right away. Early treatment and therapy can matter.
Write down what you remember about labor, delivery, and the first days after birth. Include times, names, and what you were told.
Save paperwork. Discharge summaries, NICU records, imaging, and therapy plans are important.
Avoid giving recorded statements to hospital insurers before you understand the full situation.
Talk to a birth injury attorney who can review records and consult qualified medical experts.

How Do Birth Injury Lawsuits Work?

These cases are built on evidence, medical records, and expert review. A legal team typically:

Collects prenatal, labor and delivery, and NICU records
Reviews fetal monitoring strips, imaging, and nursing notes
Consults independent specialists to determine if the standard of care was met
Connects the medical error to the child’s diagnosis and long-term needs
Calculates damages to cover lifelong care, therapy, equipment, and financial impact

Common Questions

How do I know if this was malpractice or an unavoidable complication?

A careful review of the records is usually the only way to know. Many parents are never told the full story. An attorney can have qualified medical experts review what happened and explain whether accepted standards were followed.

What is the “value” of a birth injury case?

It depends on the child’s diagnosis and long-term needs. Compensation can include:

Past and future medical bills
Therapy, specialists, and medications
Assistive devices and home modifications
In-home care, special education, and support services
Lost earning capacity in the future
Pain, suffering, and loss of quality of life (where allowed)

What if the hospital says nothing went wrong or blames genetics?

Hospitals and insurers often dispute responsibility. The records and expert review matter most. If negligence is present, it can often be proven through timelines, monitoring strips, clinical notes, and whether appropriate interventions were delayed.

How long do I have to file a claim?

Deadlines vary by state and can be complicated in cases involving minors, government hospitals, and delayed discovery. Some states have shorter notice requirements and strict rules. It is safest to speak with an attorney as soon as you suspect an injury may have been preventable.

Contact Cornerstone Law Today

If your child was diagnosed with cerebral palsy, brain damage, HIE, shoulder dystocia injury, or another serious birth injury, you deserve answers. Cornerstone Law can investigate what happened, preserve critical evidence, and fight for the resources your child may need for the years ahead.