Birth Injury Lawsuits: Can You Sue for a Birth Injury?

The moment a child is born should be one of celebration, relief, and joy, but when a birth injury occurs, especially one caused by medical negligence, the experience can turn into a devastating ordeal. 

Families are left not only with emotional trauma but also long-term financial and medical burdens. If your child suffered a birth injury due to a healthcare provider’s negligence, you may be entitled to file a birth injury lawsuit to recover compensation and hold the responsible parties accountable.

Morgan & Morgan is here to help. With decades of experience representing victims of medical malpractice, we understand the emotional and financial toll these cases take on families, and we fight tirelessly to secure justice.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is a Birth Injury?

A birth injury refers to any harm or trauma an infant suffers during labor, delivery, or shortly after birth. Some injuries are minor and heal without long-term effects, but others can cause permanent disabilities requiring lifelong care. While some birth injuries are unavoidable, many result from preventable medical errors.

Examples of medical negligence that may lead to a birth injury include:

• Misuse of forceps or vacuum extractors
• Failure to monitor fetal distress
• Delayed C-section
• Improper handling during delivery
• Inadequate response to complications like umbilical cord issues or breech positioning
  
   

Common Types of Birth Injuries in Lawsuits

While there are many kinds of birth injuries, some of the most common—and serious—are Brachial Plexus Palsy, Cerebral Palsy, and Erb’s Palsy.

Brachial Plexus Palsy

The brachial plexus is a network of nerves near the neck that controls movement and sensation in the shoulders, arms, and hands. During delivery, excessive force, especially in difficult or prolonged labor, can stretch, compress, or tear these nerves.

Symptoms include:

• Weakness or lack of movement in the affected arm
• Limpness in the arm or hand
• Loss of sensation
   

Brachial Plexus injuries can range from mild and temporary to severe and permanent. Some infants recover function with physical therapy, while others may need surgery or may never regain full use of the limb.

Erb’s Palsy

A type of brachial plexus injury, Erb’s Palsy specifically affects the upper nerves of the brachial plexus (C5–C6). It is most commonly caused when a doctor pulls on a baby’s head and neck during shoulder dystocia, a situation where the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery.

Signs of Erb’s Palsy:

• Limited movement in the shoulder or upper arm
• Arm hangs limp and rotated inward (“waiter's tip” position)
• Muscle atrophy or underdevelopment in the affected arm

While some cases resolve over time, others lead to permanent impairment. If the injury was caused by excessive traction or delayed intervention, it could form the basis of a malpractice claim.

Cerebral Palsy

Cerebral Palsy (CP) is one of the most severe and life-altering birth injuries. It is a neurological disorder caused by brain damage, often due to a lack of oxygen (hypoxia) during labor or delivery.

Types of CP include:

• Spastic CP: Stiff muscles and exaggerated reflexes
• Dyskinetic CP: Involuntary, uncontrolled movements
• Ataxic CP: Poor balance and coordination
   

Potential causes include:

• Delayed C-section after signs of fetal distress
• Failure to monitor or treat maternal infections
• Mismanagement of umbilical cord complications
• Improper use of delivery tools

Children with cerebral palsy often face lifelong challenges, and some may require assistive devices, multiple surgeries, or specialized education. These long-term costs can be financially devastating.

Can You Sue for a Birth Injury?

Yes. If a healthcare provider’s negligence caused your child’s injury, you may be eligible to file a medical malpractice lawsuit. Medical professionals, including obstetricians, nurses, and hospitals, are legally required to follow a standard of care. When they deviate from that standard and cause harm, they can be held liable.

You may be able to sue for:

• Failure to diagnose or respond to complications
• Misuse of medical equipment (forceps, vacuum, etc.)
• Failure to order a timely C-section
• Inadequate monitoring of fetal heart rate
• Medication errors during labor
  
   

In birth injury cases, must prove that:

• A doctor-patient relationship existed
• The healthcare provider breached the standard of care
• The breach directly caused your child’s injury
• The injury led to damages, such as medical costs, pain, and long-term care
   

This is why you need an experienced medical malpractice law firm like Morgan & Morgan to build your case with the help of expert witnesses, medical records, and financial documentation.

What Can You Recover in a Birth Injury Lawsuit?

Birth injury lawsuits can result in significant compensation, which may include:

Economic Damages

• Medical expenses (past and future)
• Rehabilitation and therapy costs
• Specialized equipment (wheelchairs, braces, etc.)
• Home modifications for accessibility
• Lost wages (if a parent must leave work to care for the child)
• Future loss of earning capacity for the child
   

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement
   

Punitive Damages

In rare cases where the negligence was especially egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

How Long Do You Have to File a Birth Injury Lawsuit?

This is governed by a statute of limitations, which varies by state. In many jurisdictions, the window to file a medical malpractice claim is two to three years from the date of injury or the date the injury was discovered. However, because the injured party is a child, some states extend the deadline, sometimes until the child turns 18.

Because of these complexities, it’s essential to speak with an attorney as soon as you suspect a birth injury. Waiting too long can result in forfeiting your right to sue.

How Do You Prove Medical Malpractice in a Birth Injury Case?

To prove your case, your legal team will need to gather and analyze extensive medical evidence and often call on medical expert witnesses to testify about the standard of care.

The legal process includes:

1. An investigation collecting prenatal records, delivery notes, fetal monitoring data, and more
2. An expert review where doctors in the same field review the case to identify negligence
3. Filing a complaint, a legal document initiating the lawsuit
4. The discovery phase, where both sides exchange documents, conduct depositions, and gather facts
5. Settlement negotiation out of court or trial
    

Morgan & Morgan has a network of experienced trial attorneys, investigators, and medical experts who specialize in birth injury litigation. We are not afraid to take on hospitals, doctors, and insurers, and we have the resources to go the distance.

Can I Sue If My Child’s Injury Wasn't Discovered Until Years Later?

Yes. In some cases, birth injuries like cerebral palsy or developmental delays may not become apparent until the child misses milestones. Many states have “discovery rules” that allow claims to be filed after the injury is discovered, especially in cases involving children.

How Much Is My Birth Injury Case Worth? How Are Birth Injury Claims 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

In total, the value of a birth injury lawsuit depends on:

• Severity of the injury
• Lifelong care requirements
• Economic losses and non-economic damages mentioned above (e.g., medical bills, lost wages, pain and suffering)

Severe injuries like cerebral palsy can result in multi-million dollar settlements or verdicts because of the lifelong costs involved.

Do You Have to Pay Upfront to File a Lawsuit?

No. At Morgan & Morgan, we work on a contingency fee basis. That means the Fee Is Free®, and you only pay if we win. No upfront costs, no hourly fees, and nothing owed if we can’t recover compensation.

This makes it possible for families to pursue justice regardless of financial means. We take on the risk, so you can focus on your family and your child’s future.

How Morgan & Morgan Can Help

Experience, resources, and results. With more than 1,000 attorneys nationwide and billions recovered for clients, Morgan & Morgan is America’s largest injury law firm for a reason. We’ve handled thousands of birth injury and medical malpractice cases, and we never settle for less than our clients deserve.

Birth injuries are heartbreaking, but you don’t have to face the legal aftermath on your own. At Morgan & Morgan, we believe every family deserves justice when medical professionals fail in their duty of care. You only get one chance to secure the resources your child may need for a lifetime of care, and we’re here to make sure it counts.

Let us help you hold the negligent parties accountable and get your family the support you deserve.

If your child suffered a birth injury due to medical negligence, contact Morgan & Morgan for a free, no-obligation case evaluation.