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The birth of a child should be one of the most joyful events in a family's life. When a doctor's mistake or a hospital's negligence turns that moment into a tragedy — leaving a baby with a permanent disability or worse — families deserve answers and accountability.
Catastrophic birth injuries caused by medical negligence are some of the most serious and life-altering situations a family can face. A child with cerebral palsy, a brain injury, or a paralyzed arm may face a lifetime of medical care, therapy, and lost opportunities. These injuries are not always preventable — but many are, when doctors and hospital staff follow proper medical standards.
If your child was born with a serious injury that may have been caused by a doctor's error, a delayed C-section, improper use of delivery tools, or a failure to monitor your baby's condition during labor — you may have a case.
What Birth Injury Malpractice Cases Are About
Birth injury malpractice cases involve situations where a doctor, nurse, midwife, or hospital failed to meet the accepted medical standard of care during pregnancy, labor, or delivery — and that failure caused serious harm to the baby.
Common types of birth injuries caused by medical negligence include:
Cerebral Palsy
A group of conditions affecting movement, muscle control, and coordination. Many cases of cerebral palsy are linked to oxygen deprivation (HIE — see below) during labor and delivery. According to the American Academy of Pediatrics, preventable oxygen deprivation during birth is a recognized cause of cerebral palsy.
HIE (Hypoxic-Ischemic Encephalopathy)
Brain damage caused by lack of oxygen and blood flow to a baby's brain during or around birth. HIE can result from a delayed C-section, failure to respond to fetal distress signals, improper use of Pitocin (a labor-inducing drug), or other delivery errors. Research published in the New England Journal of Medicine has documented HIE as a leading cause of childhood disability.
Erb's Palsy / Brachial Plexus Injury
Nerve damage to the shoulder and arm, often caused by excessive pulling during delivery — particularly when a baby's shoulder gets stuck (shoulder dystocia). The American College of Obstetricians and Gynecologists (ACOG) has published guidelines on how to safely manage shoulder dystocia to prevent these injuries.
Infections Transmitted at Birth
Babies who develop Group B Strep (GBS) infections, meningitis, or other serious infections due to a failure to screen the mother, treat an existing infection, or respond to warning signs during labor may have a malpractice case.
Kernicterus
Permanent brain damage from untreated severe jaundice in a newborn. This is preventable with proper monitoring and timely treatment.
Who May Qualify
You may qualify if all of the following apply:
- Your child was born with a serious injury — including cerebral palsy, HIE, Erb's palsy, brachial plexus injury, brain damage, or another significant condition.
- The injury may have been caused or worsened by a doctor's error, hospital staff error, or failure to follow established medical protocols during labor, delivery, or the immediate postpartum period.
- The injury occurred within your state's statute of limitations for medical malpractice.
Two minutes — fill out the free form below. What you tell us is confidential.
Tell us what happened during your child's birth and what injury was diagnosed. A real person will review your information and reach out if your family may have a case.
Start Free Case Check →What Could This Mean for You?
If your child's injury was caused by medical negligence, you may be owed money for your child's lifetime medical care, therapy, special education costs, lost earning capacity, pain and suffering, and the impact on your entire family. Birth injury cases often involve significant long-term needs, and the amount sought reflects the full scope of your child's lifetime care.
We will not quote a number. The value of any case depends entirely on the specific facts, the extent of the injury, the long-term care needs, and how the case resolves. Anyone who gives you a specific figure before reviewing your case is guessing — and we won't do that.
What About the Filing Deadline?
Statutes of limitations for medical malpractice cases vary by state — typically 2 to 3 years from when the injury was discovered or should have been discovered. For cases involving children, many states have special rules that extend the deadline. However, don't assume you have unlimited time. Evidence from medical records needs to be preserved, and the sooner you speak with an attorney, the better.
The clock is running. Checking if you qualify takes two minutes and costs nothing.
How the Process Works
- Fill out the free form — no cost, no commitment, completely confidential.
- A lawyer reviews your child's birth records and medical history. If your case looks like it may qualify, someone reaches out to you.
- If your case qualifies, attorneys work on contingency — you pay nothing unless you win.
- Medical experts review your case and it is pursued on your behalf.
Common Questions
Sources
- American Academy of Pediatrics. "Neonatal Encephalopathy and Neurologic Outcome." Pediatrics, 2014.
- American College of Obstetricians and Gynecologists (ACOG). Practice Bulletin No. 178: Shoulder Dystocia. 2017.
- Shankaran S et al., "Childhood Outcomes after Hypothermia for Neonatal Encephalopathy." New England Journal of Medicine, 2012.
- Centers for Disease Control and Prevention (CDC). "Cerebral Palsy." Data and statistics. cdc.gov.