Meet Our Birth Injury Attorneys

Birth injuries can occur due to complications during labor and delivery, sometimes resulting from medical negligence. Here are some of the most common types of birth injuries:

Hypoxic-Ischemic Encephalopathy (HIE) – Brain Injury

A severe brain injury which is commonly caused by oxygen deprivation during labor and delivery.  HIE can lead to long-term disabilities or even death.

Cerebral Palsy

Cerebral palsy is a neurological disorder that affects movement, muscle tone, and coordination. It can result from oxygen deprivation, brain trauma, HIE, or infections during birth.

Perinatal Asphyxia

This occurs when a baby doesn’t receive enough oxygen before, during, or right after birth, potentially leading to brain damage or organ failure.

Brachial Plexus Injuries (Erb’s Palsy & Klumpke’s Palsy)

These injuries affect the network of nerves controlling the arm and hand. They often occur due to excessive pulling during delivery or shoulder dystocia.

Bone Fractures

The clavicle (collarbone) is the most commonly fractured bone during birth. This typically happens when the baby is in a breech position or when forceps or vacuum extraction is used.

Facial Nerve Damage (Bell’s Palsy)

Pressure on the baby’s face during delivery—especially with forceps—can lead to facial paralysis, though it may heal over time.

Intracranial Hemorrhage (Brain Bleeds)

Bleeding in the brain can occur due to trauma during delivery, often linked to vacuum or forceps-assisted births.

Cephalohematoma

This is a pooling of blood between the baby’s skull and periosteum (membrane covering the bone), often caused by forceps or vacuum extraction.

Caput Succedaneum

Swelling of the baby’s scalp due to pressure during birth, often seen in prolonged or difficult deliveries.

Spinal Cord Injuries

Rare but serious spinal cord injuries can result from excessive traction or improper use of delivery tools.

Early signs and symptoms of a birth injury can vary depending on the type and severity of the injury. Some symptoms appear immediately, while others may take weeks or months to become noticeable. Here are key signs to watch for:

Immediate Signs (at Birth or Shortly After)

• Low Apgar Scores: A low Apgar score (especially if it remains low at 5 and 10 minutes) may indicate oxygen deprivation or other complications.

• Weak or Absent Reflexes: Poor reflexes, such as a weak grasp or startle response, can be a sign of neurological issues.

• Seizures: Seizures occurring within the first 48 hours may indicate brain injury, oxygen deprivation, or intracranial hemorrhage.

• Muscle Stiffness or Floppiness: Hypertonia (stiff muscles) or hypotonia (floppy muscles) could suggest nerve or brain damage.

• Difficulty Breathing: Respiratory distress or the need for resuscitation at birth may indicate perinatal asphyxia.

• Poor Feeding or Sucking Difficulties: Weak sucking, difficulty swallowing, or excessive drooling can be signs of nerve damage or brain injury.

• Abnormal Movements: Jerky, spastic, or uncoordinated movements may point to a neurological problem.

Signs That May Appear in the First Few Months

• Delayed Milestones: Not lifting the head, rolling over, or reaching for objects at expected ages may indicate motor or neurological delays.

• Abnormal Muscle Tone: Persistent stiffness (hypertonia) or limpness (hypotonia) in arms or legs.

• Favoring One Side of the Body: A baby who consistently favors one side, such as keeping a hand clenched or not moving one arm, may have nerve or muscle damage.

• Unusual Crying or Irritability: Excessive fussiness, arching the back, or inconsolable crying can signal pain or discomfort from an injury.

• Struggles with Vision or Hearing: Lack of response to sights and sounds may indicate sensory impairments linked to a birth injury.

• Seizures or jerking movements at home.

Long-Term Developmental Signs

• Speech or Cognitive Delays: Trouble with babbling, speech, or understanding language may suggest brain injury.

• Difficulty with Coordination and Motor Skills: Issues with crawling, walking, or grasping objects could be related to a birth-related nerve or muscle injury.  Children with brain injuries can also sometimes be observed drooling excessively and/or toe walking.

• Persistent Muscle Weakness or Paralysis: Affected limbs or facial muscles may not function properly due to nerve damage.

If a birth injury is suspected, early diagnosis and intervention are important. Physical therapy, occupational therapy, and medical treatments can improve long-term outcomes.

If you suspect a birth injury, taking the right steps as early as possible can help ensure your child gets the medical care and support they need. Here’s what you should do:

1. Seek Immediate Medical Attention

If you notice unusual symptoms such as seizures, difficulty feeding, muscle stiffness, or developmental delays, consult a pediatrician or specialist as soon as possible. Early intervention can improve your child’s long-term prognosis.

2. Request a Thorough Medical Evaluation

Ask for a full medical evaluation, including:

• Neurological exams to assess brain function

• Imaging tests (MRI, CT scan) to check for brain injuries

• Developmental screenings to track motor and cognitive milestones

• Genetic testing to rule out hereditary conditions

3. Keep Detailed Medical Records

Document all medical visits, test results, diagnoses, and treatments. Keeping a record of symptoms, medications, and therapies will be important for both medical care and any potential legal action.

4. Consult a Birth Injury Specialist

Consider seeing a pediatric neurologist, physical therapist, or occupational therapist to help with treatment and therapy options. Early intervention programs can be critical for your child’s development.

5. Monitor Developmental Milestones

Compare your child’s growth and development with standard milestones. If they are significantly delayed in rolling over, sitting up, crawling, or walking, it may be a sign of a birth injury.

6. Contact Morgan & Morgan

If you suspect that medical negligence or errors during labor and delivery caused the birth injury, consult a birth injury attorney. A lawyer can help:

• Review medical records for signs of malpractice

• Determine if the injury could have been prevented

• Pursue compensation for medical expenses, therapy, and long-term care

Birth injuries can have a profound impact on families, affecting them emotionally, financially, and physically. The extent of the impact depends on the severity of the injury, the child’s long-term needs, and the level of support available.

Emotional and Psychological Impact

●   Stress and Anxiety: Parents often experience overwhelming stress, fearing for their child’s future and dealing with uncertainty.

●   Depression and Grief: Some families go through a grieving process, mourning the life they had envisioned for their child.

●   Guilt and Blame: Parents may struggle with feelings of guilt, wondering if they could have done something differently.

●   Strained Relationships: The emotional burden can put stress on marriages and family relationships, sometimes leading to conflict or even separation.

●   Sibling Challenges: Siblings may feel neglected as parents focus on the injured child’s needs, leading to feelings of resentment or confusion.

Financial Burden

Medical Bills: The cost of hospital stays, surgeries, therapy, and ongoing medical care can be overwhelming.

Rehabilitation and Therapy Costs: Many children with birth injuries require physical therapy, occupational therapy, and speech therapy, which can be expensive over time.

Assistive Devices and Home Modifications: Families may need to invest in wheelchairs, braces, communication devices, or even modify their homes for accessibility.

Lost Income: Parents may need to reduce work hours or quit their jobs to provide full-time care for their child, leading to financial strain.

Long-Term Care and Lifestyle Adjustments

Ongoing Medical Needs: Some birth injuries, like cerebral palsy or brain damage, require lifelong medical care.

Educational Challenges: Children with developmental delays or disabilities may need special education services, tutoring, or individualized learning plans.

Caregiver Responsibilities: Parents often become full-time caregivers, impacting their ability to work, socialize, or take care of themselves.

Limited Mobility and Social Opportunities: Families may need to make adjustments to accommodate their child’s mobility and health needs in daily life.

Legal and Advocacy Challenges

Seeking Justice: If the birth injury was caused by medical negligence, families may need to navigate legal battles to secure compensation.

Advocating for Their Child: Parents often need to fight for their child’s rights, whether in healthcare, education, or disability services.

Medical negligence can lead to birth injuries when healthcare providers fail to follow the standard of care during pregnancy, labor, delivery, or postnatal care. These mistakes can cause serious harm to both the baby and the mother, often resulting in lifelong medical complications.

Common types of medical negligence leading to birth injuries can include:

Delayed or Improper Response to Fetal Distress

If a baby shows signs of distress (such as an irregular heart rate or lack of oxygen), doctors must act quickly. Failing to order an emergency C-section or delaying interventions can lead to brain damage, cerebral palsy, or hypoxic-ischemic encephalopathy (HIE).

Misuse of Forceps or Vacuum Extractors

If used incorrectly, these tools can cause skull fractures, nerve damage, brain hemorrhages, or Erb’s palsy. Excessive force can also lead to permanent disabilities.

Failure to Perform a Timely C-Section

If labor isn’t progressing, a prolonged delivery can lead to oxygen deprivation and brain damage. Delayed C-sections are one of the most common causes of birth asphyxia and cerebral palsy.

Medication Errors

Administering the wrong dosage of labor-inducing drugs (like Pitocin) can cause excessive contractions, leading to oxygen deprivation or uterine rupture. Anesthesia errors can harm both the mother and baby.

Failure to Diagnose or Treat Maternal Infections

Untreated maternal infections like Group B Strep, preeclampsia, or gestational diabetes can lead to birth defects, brain injuries, or premature birth complications.

Umbilical Cord Complications

If doctors fail to recognize umbilical cord issues (such as a prolapsed or wrapped cord), the baby can suffer from oxygen deprivation, leading to brain damage or stillbirth.

Failure to Monitor or Treat Jaundice

If severe jaundice isn’t treated promptly, it can lead to kernicterus, a type of brain damage that causes lifelong neurological impairments.

A birth injury refers to injury or harm suffered by an infant during labor and delivery due to medical negligence, improper medical techniques, or failure to timely and/or appropriately respond to complications. These injuries may be temporary or permanent, impacting a child’s physical and cognitive development. 

A birth defect, on the other hand, is a congenital condition that develops before birth due to genetic, environmental, or unknown factors. Unlike birth injuries, most birth defects are not caused by medical errors during labor or delivery, but may still result in lifelong challenges.  There are instances where failing to detect certain birth defects or failing to timely treat them can be the result of medical negligence. 

Key Differences Between Birth Injuries and Birth Defects

Timing: Birth injuries occur during labor and delivery, while birth defects develop in the womb.

Cause: Birth injuries are often preventable and result from medical malpractice, while birth defects stem from genetic, environmental, or unknown causes.

Treatment: Some birth injuries may heal over time with therapy, while birth defects typically require long-term medical care.

Can Birth Defects Be Misdiagnosed as Birth Injuries?

Yes, some birth defects may initially present symptoms similar to birth injuries. However, thorough medical evaluations and expert opinions can distinguish between the two, determining if negligence played a role.

While not all birth injuries can be prevented, many can be avoided with proper medical care before, during, and after delivery. Prevention largely depends on healthcare providers following the appropriate standard of care and expecting parents staying informed about potential risks.

Here are good practices to help prevent birth injuries:

Proper Prenatal Care

Regular prenatal checkups help monitor the baby’s growth and detect potential complications early. Screening for maternal conditions like gestational diabetes, infections, or high blood pressure can also prevent complications during delivery.

If the mother has a high-risk pregnancy, doctors should take extra precautions and refer her to specialists if needed.

Monitoring Fetal Distress

During labor, medical staff should continuously monitor the baby’s heart rate for signs of distress. If oxygen deprivation occurs, doctors must act quickly to prevent brain damage or cerebral palsy. A timely C-section can prevent complications from prolonged labor or umbilical cord issues.

Proper Use of Medical Tools

If forceps or vacuum extractors are necessary, doctors should use them correctly and cautiously to avoid skull fractures or nerve damage. Inappropriate use of these tools is a leading cause of preventable birth injuries like Erb’s palsy or brain hemorrhages.

Preventing Oxygen Deprivation

Umbilical cord complications, placental abruption, or prolonged labor can cut off oxygen supply. Quick action—such as an emergency C-section—is critical to preventing hypoxic-ischemic encephalopathy (HIE) or cerebral palsy.

Careful Medication Use

Labor-inducing drugs like Pitocin should be used cautiously, as excessive contractions can stress the baby and cause complications. Anesthesia errors should also be avoided to protect both the mother and baby.

Preventing and Treating Jaundice

Newborn jaundice should be monitored and treated promptly to prevent kernicterus, a severe type of brain damage. Proper screening and phototherapy can prevent complications.

Educating Parents on Warning Signs

Parents should know the early signs of birth injuries and advocate for their baby’s health. If something feels wrong, seeking a second opinion can sometimes prevent further harm.

If a birth injury occurs due to a doctor’s failure to monitor, delayed action, or improper medical techniques, it may be considered medical malpractice. In these cases, families may have legal options to seek compensation for their child’s medical needs and long-term care.

To determine if your child’s condition qualifies for a lawsuit, several factors need to be considered, including whether the injury was caused by medical negligence during childbirth. Not all birth injuries are caused by malpractice, but if negligence was involved, you may have grounds for a birth injury lawsuit. Here are the key elements to assess:

Was There Medical Negligence?

Medical negligence occurs when a healthcare provider fails to meet the standard of care, which could lead to harm. The following factors could indicate negligence: 

• Delayed or improper response to fetal distress (failure to perform an emergency C-section when necessary).

• Misuse of medical tools like forceps or vacuum extractors, leading to unnecessary injury.

• Failure to monitor the baby’s heart rate or oxygen levels.

• Failure to diagnose or treat maternal infections that could affect the baby.

• Unreasonable delays in treating jaundice or other complications after birth.

Did the Injury Result in Harm?

To qualify for a lawsuit, the birth injury must have led to significant harm to your child, such as:

• Brain damage or cerebral palsy caused by oxygen deprivation.

• Erb’s palsy or brachial plexus injuries due to improper use of delivery tools.

• Severe physical or cognitive impairments that require long-term medical treatment.

• Permanent disabilities that affect your child’s quality of life, development, and education.

Was the Injury Preventable?

A crucial aspect of a birth injury lawsuit is determining whether the injury was preventable with appropriate medical care. If the injury could have been avoided by following proper protocols (timely C-section, monitoring fetal distress, or preventing infections), you may have a case.

How Serious Is the Injury?

The severity of the injury will impact your ability to file a lawsuit. If the injury is relatively minor or temporary, it might not meet the threshold for a lawsuit. However, if your child’s condition will require extensive medical care, therapy, and long-term support, the case may be worth pursuing to ensure compensation for future needs. 

At Morgan & Morgan, an experienced birth injury lawyer can help you determine if you have an eligible claim with a free case evaluation.

Several parties can potentially be held responsible for a birth injury, depending on the circumstances and the cause of the injury. Medical negligence is often at the heart of birth injuries, and various healthcare providers and institutions may be held accountable for their actions or inactions during labor, delivery, or postnatal care. Here's a breakdown of the parties who could be responsible:

Obstetricians or Gynecologists (OB/GYNs)

Primary Responsibility: OB/GYNs are responsible for managing the pregnancy, labor, and delivery. They are the most likely to be held responsible for birth injuries caused by negligence during these stages.

Examples of Liability:

• Failing to recognize fetal distress and not performing a timely C-section.

• Misusing delivery tools like forceps or a vacuum extractor, leading to injuries such as Erb's palsy.

• Not properly monitoring the baby’s oxygen levels during labor, causing brain damage or cerebral palsy.

• Failing to address maternal infections that could harm the baby.

Midwives

Role: If a midwife is involved in the delivery, they can also be held responsible if the injury is a result of their failure to act properly or comply with medical standards.

Examples of Liability:

• Mismanagement of labor, particularly in high-risk pregnancies, where a physician's expertise is required.

• Failure to recognize complications such as umbilical cord issues or fetal distress, leading to an avoidable birth injury.

Anesthesiologists

Role: Anesthesiologists are responsible for administering pain relief during labor (e.g., epidural or general anesthesia). If the anesthesia is improperly administered or if there is a failure to monitor the mother’s and baby's reactions, birth injuries can occur.

Examples of Liability:

• Incorrect dosage or improper administration of epidural anesthesia, leading to complications like spinal cord injury or brain damage.

• Failure to monitor the mother's vital signs and oxygen levels properly during labor.

Nurses and Labor and Delivery Staff

Role: Nurses and other staff members assist during labor and delivery, ensuring that protocols are followed and monitoring both the mother and baby.

Examples of Liability:

• Failing to report fetal distress to the doctor or ignoring important signs.

• Inadequate monitoring of vital signs or improper assistance during delivery.

Hospitals and Medical Facilities

Role: Hospitals and medical institutions have a responsibility to ensure that their staff is properly trained and that appropriate procedures are in place to prevent birth injuries.

Examples of Liability:

• Hiring inadequately trained medical professionals who are responsible for preventable mistakes.

• Failure to maintain equipment (faulty fetal monitors, forceps, or other delivery instruments) or provide necessary resources.

• Inadequate hospital policies or emergency response protocols, leading to delays or mishandling during labor or delivery.

Pediatricians or Neonatologists

Role: These specialists are responsible for the care of the newborn after birth. If a pediatrician or neonatologist fails to identify or treat a condition that could have been prevented, they may be held responsible for a birth injury.

Examples of Liability:

• Failing to properly resuscitate a newborn following difficult delivery

• Failing to diagnose and treat newborn jaundice, leading to kernicterus.

• Delayed treatment of hypoglycemia, infections, or birth trauma.

Hospital Administrators or Management

Role: If the injury is due to systemic failures (such as staffing shortages or lack of proper equipment), the hospital’s management could potentially be held liable.

Examples of Liability:

• Lack of staffing during delivery (not having enough staff or doctors available during high-risk births).

• Failure to implement or maintain proper protocols that ensure safe practices in high-risk situations.

Pharmaceutical Companies

Role: If a birth injury is caused by a defective drug or improperly prescribed medication, the pharmaceutical company responsible for the product can be held accountable.

Examples of Liability:

• Failure to properly warn about the risks of a drug (Pitocin used to induce labor) that led to complications like uterine rupture or oxygen deprivation.

• Selling a defective medical device (an improperly designed forceps).

Proving Liability for a Birth Injury

To successfully hold any of these parties responsible, it’s important to show that their actions or failures led directly to the injury. This typically requires: 

• Medical evidence (expert testimony from doctors or specialists)

• Detailed medical records that show what happened during the pregnancy, labor, and delivery

• Documentation of the injury and its long-term effects on your child

If you are pursuing a birth injury lawsuit and are successful in proving medical negligence, you may be entitled to various forms of compensation to cover the financial, physical, and emotional costs associated with the injury. Compensation in birth injury cases generally falls under two categories: economic damages and non-economic damages. In some cases, punitive damages may also apply.

Economic Damages (Compensating Financial Losses)

These are damages meant to reimburse the victim for tangible, financial costs that arise due to the birth injury. Economic damages are calculated based on actual losses and can include:

Medical Expenses

Past Medical Costs: Any medical treatments and procedures your child has already undergone due to the birth injury.

Future Medical Costs: Long-term care, surgeries, therapies, or any future medical treatment needed as a result of the birth injury (physical therapy, cognitive therapy, specialized care).

Medications & Assistive Devices: Costs related to prescriptions, medical equipment, or assistive devices like wheelchairs, prosthetics, or speech therapy tools.

Hospitalization & Surgery: If your child required a prolonged stay in the hospital or surgery to address the injury, those costs will be covered.

Lost Wages

Parent’s Lost Wages: If the parent(s) must reduce working hours, take unpaid leave, or quit their job to care for the child, they may be entitled to compensation for lost wages.

Future Lost Earning Capacity: If your child is unable to work in the future due to a permanent disability resulting from the birth injury, compensation may cover their future earning potential.

Rehabilitation Costs

If the child requires rehabilitation to regain skills or to improve mobility or cognitive function, these costs can be substantial. Compensation can cover the cost of rehabilitation or occupational therapy.

Home Modifications

If the injury results in a permanent disability, the family may need to modify their home (installing ramps, widening doorways, or modifying bathrooms) to accommodate the child’s needs. These expenses can be included in the lawsuit.

Non-Economic Damages (Compensating for Pain and Suffering)

These damages are meant to compensate for the intangible, non-financial impact of the birth injury on the child and the family. Although non-economic damages are harder to quantify, they can include:

Pain and Suffering

Compensation for the physical pain, discomfort, and suffering the child endures due to the birth injury. If the injury is severe and chronic, causing ongoing pain, compensation will account for that prolonged suffering.

Emotional Distress

Birth injuries often result in significant emotional trauma for the parents, including anxiety, stress, and depression. Compensation can be awarded for the emotional distress caused by witnessing the child’s pain and the long-term challenges of caregiving.

Loss of Enjoyment of Life

If the child’s birth injury leads to a permanent disability (brain damage, cognitive delays, or physical impairments), they may no longer be able to enjoy normal childhood activities or lead an independent life. Compensation may be awarded for the loss of these experiences.

Loss of Consortium

In some cases, parents can claim for loss of consortium, which compensates for the loss of companionship, intimacy, and family relationships as a result of the birth injury.

Punitive Damages (In Certain Cases)

Punitive damages are rare but may be awarded in cases where the defendant’s actions were particularly egregious, reckless, or malicious. These are designed to punish the responsible party and act as a deterrent for future misconduct. 

For instance, if the medical professional's conduct was willfully negligent or if they acted with gross negligence, punitive damages might be awarded.

Factors That Affect the Amount of Compensation

The amount of compensation you can recover depends on various factors, including: 

Severity of the injury: The more severe the birth injury and its long-term impact on your child, the higher the compensation.

Duration of care needed: The longer the child requires medical attention, therapy, or rehabilitation, the higher the potential compensation for future care costs.

Evidence of negligence: The strength of the evidence proving medical malpractice or negligence will directly impact the success and amount of the compensation.

State laws: Some states have caps on non-economic damages (pain and suffering), which may limit the amount of compensation in some cases.

Financial impact on the family: The ability of the parents to continue working, and the amount of lost income, will affect the damages awarded.

The legal process of a birth injury lawsuit typically follows a series of structured steps, from the initial consultation with a lawyer to the final resolution, whether through a settlement or trial. Here’s a breakdown of the process:

1. Initial Consultation and Case Evaluation

Meeting with a Birth Injury Lawyer: The first step is to schedule a consultation with a lawyer who specializes in medical malpractice or birth injury cases. This initial meeting is typically free.

Case Review: During the consultation, the lawyer will review the facts of your case. You’ll provide medical records, details about the birth injury, and any evidence you have regarding the medical care provided during labor and delivery.

Evaluation of Merits: The lawyer will evaluate whether there’s enough evidence to support a claim of medical negligence and if the injury could have been prevented. This includes reviewing the care provided by the obstetrician, nurses, anesthesiologists, or other medical professionals involved in the birth.

2. Investigation and Gathering Evidence

Medical Records: The lawyer will request and review the full medical records related to the pregnancy, labor, delivery, and postnatal care. These records help establish a timeline and identify any signs of medical negligence.

Expert Testimony: The lawyer may consult with medical experts (e.g., obstetricians, neonatologists, pediatricians) who can evaluate whether the injury was caused by improper care or a failure to follow standard medical practices.

Witness Statements: The lawyer may gather statements from other medical staff or witnesses involved in the care and treatment during labor and delivery.

Second Opinions: If necessary, the lawyer might seek second opinions from other medical professionals to determine the likely cause of the birth injury.

3. Filing the Lawsuit

Complaint or Petition: If the lawyer believes the case has merit, they will file a formal lawsuit in the appropriate court. The legal documents filed are typically referred to as a complaint or petition. This document outlines the legal allegations of medical negligence and the injuries caused by the defendant’s actions or inaction.

Defendants: The lawsuit will name the individuals or entities responsible for the birth injury, such as the obstetrician, hospital, nurses, or other healthcare providers.

4. Discovery Phase

Exchange of Information: The discovery phase involves the exchange of evidence between both parties. This can include written questions (called interrogatories), requests for documents, and depositions (formal interviews) of witnesses, medical professionals, and experts.

Depositions: During a deposition, witnesses or experts will be asked to provide sworn testimony about their role in the case. Both parties have the opportunity to question witnesses, which can help build a stronger case.

Expert Reports: Expert witnesses, including medical professionals, will review the case and provide reports outlining their findings and opinions about the cause of the birth injury.

5. Settlement Negotiations

Mediation/Settlement Talks: After discovery, both parties may engage in settlement negotiations. In many birth injury cases, the defendant (often the hospital or insurance company) may offer a settlement to avoid going to trial. Settlement negotiations can involve mediation, where a neutral third party helps facilitate an agreement.

Advantages of Settlement: Settling a case can provide quicker compensation and avoid the uncertainty and emotional toll of a trial. However, settlements may not always cover the full costs or damages, so it’s important to ensure any offer adequately compensates you.

Disadvantages of Settlement: Settling may involve agreeing to a lesser amount of compensation than what might be awarded at trial. If the case involves significant damages or wrongdoing, you may want to pursue the case to trial.

6. Trial (If No Settlement is Reached)

Pre-Trial Motions: Before the trial begins, both sides may file motions to resolve certain issues, such as excluding certain evidence or witnesses.

Trial: If the case goes to trial, both sides will present their arguments before a judge or jury. This includes presenting evidence, calling expert witnesses, and questioning the opposing party’s witnesses.

• Plaintiff’s Case: Your lawyer will present the evidence showing that the medical professionals involved were negligent and that their actions directly caused the birth injury.

• Defendant’s Case: The defense will attempt to show that the medical professionals acted appropriately and that the injury was not due to negligence, or that the injury was unavoidable.

Closing Arguments: Both parties will make closing arguments summarizing the evidence and requesting a favorable verdict.

7. Verdict and Judgment

Jury Deliberation: If the case is tried before a jury, the jury will deliberate and return a verdict, determining whether the defendants are liable and how much compensation should be awarded.

Judge’s Decision: If the case is tried before a judge, the judge will render a decision based on the evidence and legal arguments presented.

Award of Damages: If the verdict is in your favor, the judge or jury will award damages for medical expenses, pain and suffering, lost wages, future care needs, and other relevant costs.

8. Appeals (If Applicable)

Appeals: If either party is dissatisfied with the verdict, they may file an appeal to a higher court. The appeals process involves reviewing the trial proceedings for errors in law or procedure that might have impacted the outcome. Appeals can delay final resolution and may result in a new trial or modification of the verdict.

Final Judgment: Once all appeals are exhausted, the final judgment is rendered, and the compensation award is made.

9. Collecting Compensation

Payment of Damages: If the case is resolved through settlement or trial, the defendant or their insurance company will pay the damages as agreed upon in the settlement or ordered by the court. This payment may include lump-sum payments or structured payments (such as annuities) for future medical expenses.

Ongoing Care: In cases where long-term care is necessary, compensation may be awarded in a manner that ensures continued financial support for the child’s medical and living needs.

Insurance companies play a significant role in birth injury cases as they are often the primary source of compensation for the injured party. These companies, typically associated with the medical professionals, hospitals, or healthcare providers involved in the case, are responsible for handling claims, negotiating settlements, and potentially covering the costs of a lawsuit. 

Here's how they factor into birth injury cases:

Medical Malpractice Insurance

Healthcare Providers’ Insurance: Most doctors, hospitals, and medical professionals carry medical malpractice insurance to cover the costs of defending against lawsuits and paying settlements or judgments. In birth injury cases, this insurance usually covers the healthcare providers’ liability if they are found to be negligent.

Coverage Limits: Malpractice policies have coverage limits that can affect the compensation available for the injured party. If the damages exceed these limits, additional legal steps may be necessary to pursue further compensation from other sources.

Claims Handling

Notification of Insurance: When a birth injury lawsuit is filed, the medical professionals or institutions involved typically notify their insurance companies about the case. Insurance adjusters from the company will be assigned to handle the claim and investigate the facts of the case.

Investigation: The insurance company may conduct its own investigation into the birth injury, reviewing medical records, expert opinions, and other evidence. They will assess whether the injury was caused by medical negligence and whether their policy will cover the claim.

Defense Representation: Insurance companies typically provide legal defense for the healthcare providers if they are sued for medical malpractice. They hire lawyers to represent the defendant's interests and to dispute the allegations.

Settlement Negotiations

Role in Settlements: In many birth injury cases, insurance companies play a central role in settlement negotiations. If a settlement is reached before going to trial, the insurance company will be the one to pay the agreed-upon amount.

Negotiation Strategy: Insurance companies often seek to minimize the payout on claims. They may offer a settlement, but these offers may not always reflect the full extent of the injury, medical expenses, and future care costs. The insurance adjusters may push for lower settlement amounts to avoid the costs of a trial.

Pressure to Settle: Insurance companies may also exert pressure on plaintiffs to settle quickly, especially if the evidence is not conclusive, or if the trial could potentially result in a higher payout. They might use this strategy to avoid a prolonged legal battle.

Defense in Court

Litigation Support: If a birth injury case goes to trial, the insurance company typically provides the financial support for the defense. They will pay for legal costs and any expert witnesses used to contest the allegations.

Minimizing Liability: In court, insurance companies will work to demonstrate that their insured party (the medical professional or institution) was not negligent, or that the injury was unavoidable. They might also argue that the injury was due to factors outside the healthcare provider's control, such as natural complications during childbirth.

Paying Compensation

Settlement or Judgment: If a settlement is reached, the insurance company will pay the agreed-upon amount of compensation to the plaintiff. If the case goes to trial and the jury finds in favor of the plaintiff, the insurance company will cover the awarded damages, up to the policy’s limit.

Types of Compensation: Compensation can include medical expenses, pain and suffering, lost wages for the parents, future care costs for the child, and other damages related to the injury.

Structured Settlements: In some cases, the insurance company may offer a structured settlement, which involves periodic payments over time, particularly if the birth injury requires long-term care for the child.

Impact on Family and Child’s Care

Long-Term Coverage: Birth injuries often lead to long-term or lifelong medical care needs for the child. The insurance company may be involved in determining how long and what kind of coverage will be provided, ensuring that the family’s medical and financial needs are met.

Future Claims: In some cases, insurance companies may be required to pay for future medical expenses or provide ongoing support if the birth injury results in permanent disability or requires long-term medical intervention.

Disputes With Insurance Companies

Denied Claims: Insurance companies may deny a claim or offer a settlement amount that is significantly lower than what the injured family feels is justified. In such cases, the family may need to pursue further legal action, either by negotiating with the insurance company or by taking the case to trial.

Bad Faith Practices: Sometimes, insurance companies may engage in bad faith practices by refusing to settle fairly or by delaying the claims process unnecessarily. If a plaintiff suspects bad faith, they may have grounds to sue the insurance company for unfair treatment.

Role in Policyholder’s Financial Recovery

Influence on Medical Professionals: Since malpractice insurance is designed to protect medical professionals, it also impacts their financial recovery. However, the payout limits set by the insurance company might not fully cover the long-term needs of a child who has suffered a birth injury. This is why the injured party might pursue additional legal avenues, especially in catastrophic injury cases. 

Insurance companies are responsible for providing defense and financial coverage for medical malpractice claims involving birth injuries. While insurance companies are required to cover damages up to the policy’s limits, they may also attempt to minimize payouts or avoid liability.

If a fair settlement is not reached, a family may need to take further legal action, potentially through litigation or by filing a bad faith claim.

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away. 

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.

 We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

Contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation. 

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

When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.