Birth Injury Claims

If you are a recent parent, you know how alarming it can be if your newborn becomes unexpectedly sick. It’s even more upsetting if your baby’s illness won’t go away—and if you experienced a difficult childbirth, you may suspect that a birth injury is to blame.

The idea that your child was injured at birth is painful enough; even worse is the suspicion that your newborn’s injuries could be the result of a doctor’s negligence. If medical malpractice is involved, it can leave you traumatized, feeling betrayed, and burdened with staggering medical debt.

If you believe your baby was injured at birth due to neglect, you don’t have to go it alone. The attorneys at Morgan & Morgan can help. Our nationwide team of 800 lawyers includes many birth injury experts who can uncover medical negligence and build your best case for full and fair compensation.

Those considering a birth injury lawsuit may wonder how settlements and awards are calculated. The first step is to prove that medical negligence caused the injury or illness. After negligence is established, the court will determine an award by totaling all the current and future damages caused by the birth injury.

How Do I Prove Negligence?

To establish that a birth injury occurred as the result of negligence, the plaintiff must meet the burden of proof. Your lawyer will play a crucial role in this, gathering necessary evidence and expert witness testimony so that your case meets the following requirements:

  • There was a doctor/patient relationship: Most health care professionals directly involved in the birth would automatically qualify as part of the medical team. If other doctors, nurses, or medical consultants are also included in the lawsuit, the plaintiff must establish that the doctor/patient relationship existed with them too.
  • The attending physician or other medical personnel were negligent: The plaintiff’s legal team must prove that the attending healthcare professionals were negligent in their duties—for example, improperly using forceps or vacuums during the birthing process, or delaying a necessary Cesarean section delivery.
  • This negligence caused the birth injury: Many defendants in birth injury cases will argue that pre-existing conditions caused the injury and that they are not to blame. The plaintiff will often need to enlist expert witnesses to convince the court that the doctor’s negligence was the ultimate cause of the birth injury.
  • The injury resulted in damages: Birth injuries can cause debilitating conditions for both mother and child. The plaintiff’s legal team must demonstrate that damages occurred, as well as their economic and emotional consequences.

How Is Birth Injury Compensation Calculated?

Birth injuries can afflict victims with lifelong health and financial struggles. If the plaintiffs prove that negligence played a role, the court will assign dollar amounts for economic, emotional, and punitive damages that could include the following:

  • Hospital bills
  • Long term care
  • Physical and occupational therapy
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Mental anguish
  • Punitive damages
  • Wrongful death

Can I Afford an Attorney?

If your infant was injured at birth, you may already be preoccupied with pain, grief, and ever-increasing medical debt. With all these concerns, you may wonder if you can afford to hire an attorney.

If you choose Morgan & Morgan, the answer is yes. That’s because we work on a contingency basis, meaning that you never pay a cent out-of-pocket. Your initial consultation is always free, and you don’t have to pay a fee at all unless we win your case.

Contact Morgan & Morgan

If you believe your infant was injured at birth, leave the fighting to us so you can focus on caring for your child. We will do everything in our power to hold negligent parties accountable for their actions and secure the compensation you deserve.

We have been fighting for the People since our inception in 1988 and have recovered, so far, $10 billion across all areas for our clients. 

Let us put our experience, expertise, and resources to work for you, too.


Find out for yourself why there’s only one Morgan & Morgan. Complete our free, no-obligation case evaluation form and a lawyer will be in touch.

Client Testimonial Videos

Todd E.
Carlos R.
Lloyd T.
Jazzmine A.
Terry F.
Betty H.
Marlon B.
Dawn G.
Social Security Disability
Claude M.
Susan Y.
Auto Accident
Dawn P.
Auto Accident
Georgia J.
General Injury
Thomas T.
Cast Iron Pipes
Sarah E.
Kathy S.
Medical Malpractice
Former Client
Auto Accident
Michele W.
Slip and Fall
Salvador R.
Auto Accident
Monty W.
Workers' Compensation
Christine C.
Lafayette H.
Veterans Disability
Mike and Lynette R.
Hurricane Insurance
Omar R.
Auto Accident
Robert S.
Social Security
Howard W.
Auto Accident
Madeline A.
Hurricane Insurance
Lisa G.
Auto Accident
Lynn K.
Mesothelioma
Alfred H.
Veterans Disability
Antonia C.
Slip and Fall

Free Birth Injury Claims Case Review

Share your experience and we will call you

or Call Now Phone

By submitting you agree to our Terms & Privacy Policy.

John Morgan