Birth Injury Lawsuit

When a child is injured at birth due to medical negligence or malpractice, their family may be able to file a birth injury lawsuit. Preventable birth injuries can lead to long-term conditions like cerebral palsy and Erb’s palsy. Compensation from a birth injury lawsuit can help cover costs for medical care and therapy and improve your child’s quality of life.

Sokolove Law has decades of experience in this area of the law, and we may be able to help you pursue compensation through a birth injury lawsuit.

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Why File a Birth Injury Lawsuit?

A birth injury lawsuit is a form of legal action that families take when their child is harmed due to medical malpractice or negligence. This type of lawsuit is typically filed against medical personnel — like doctors, obstetricians and other health care professionals — who are responsible for your child’s birth injury.

A birth injury can lead to potentially lifelong medical costs. Filing a birth injury lawsuit may help provide compensation that can help cover these costs and improve the quality of life for your child.

When you work with Sokolove Law, we can handle each and every step of the legal process on your behalf, so you can keep your attention on caring for your child. Over the last 40 years, we’ve helped families nationwide recover over $761 Million for birth injuries.

Do I Have a Birth Injury Case?

Oftentimes we hear from parents who feel a medical mistake was made during delivery, and their child may be suffering, but they’re not sure about their options. Since birth injury cases can be very complex, Sokolove Law employs registered nurses to review the medical care provided.

Our nurses can listen to your story and use their background in labor and delivery to help parents understand what happened. If it’s possible medical malpractice occurred, we can use these important details to help the attorneys build a strong case.

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Pursue Birth Injury Compensation

Not only can birth injuries lead to emotional stress for a family, they can cause a great deal of financial hardship. The lifetime cost of caring for a child with a birth injury can easily climb into the hundreds of thousands of dollars.

Thankfully, you may be entitled to compensation from a birth injury lawsuit, which can come in two forms:

  • Birth injury lawsuit settlements: In many cases, birth injury lawsuits settle out of court — meaning your legal team will work with the defendant to reach an amount that both parties agree to outside the courtroom.
  • Birth injury verdicts: When a settlement can’t be reached, Sokolove Law is prepared to fight on your behalf and take your case to trial, where a judge and jury will hear the case.

Birth injury compensation can help you take care of many expenses, including:

  • Medical care: If your child has to see doctors or specialists in order to get help managing birth injury symptoms and other health issues related to the injury.
  • Medicine: If your child needs any medications that can help ease the symptoms of their birth injury, like seizures and muscle discomfort.
  • Modifications and equipment: If you need any modifications to your home to accommodate your child’s birth injury or if your child needs special medical equipment like crutches, wheelchairs and more.
  • Physical therapy: If your child needs to see speech, physical or occupational therapists in order to help with their communication and mobility.

Filing a birth injury claim may result in your child living a happier, healthier life. Learn more about your legal options today by getting a free case review.

Our Past Birth Injury Settlements and Verdicts

Sokolove Law has secured over $761 Million on behalf of families with children injured at birth nationwide, including the following birth injury lawsuit settlements and verdicts:

  • Over $13 Million for the mother of a child born with premature retinopathy
  • $9 Million for the family of a 5-year-old with cerebral palsy
  • $950,000 for a 5-year-old girl with Erb’s palsy
  • $5.8 Million for a 1-year-old girl with cerebral palsy and microcephaly
  • $975,000 settlement in the case of a 6-year-old boy who has Erb’s palsy
  • Over $4 Million awarded in a cerebral palsy birth injury case involving a 7-year-old child
  • $940,000 for a woman who lost her child due to complications from Erb’s palsy

Who Is Eligible to File a Birth Injury Lawsuit?

Parents of a child who was injured before, during, or immediately after birth may be eligible to file a birth injury lawsuit to help pay for the long-term costs of care. If you think your child may be showing signs or symptoms of a birth injury, even if you don’t know whether medical negligence or malpractice was to blame, get in touch with Sokolove Law as soon as possible.

Our on-staff registered nurses are available to listen to your story, answer any questions you may have about your child’s condition, and help determine whether your child’s injury was due to a medical error.

We handle many birth injury cases for families whose children were harmed due to medical malpractice or negligence. Get a free consultation from a nurse case manager today to see if you may have a birth injury case.

Step by Step of the Birth Injury Lawsuit Process

A birth injury lawsuit may best be handled by a birth injury law firm that has experience in this area of the law and a track record of success.

When you work with Sokolove Law, we can take care of every step of the legal process on your behalf.

Step 1: Get a Free Case Review

Get a free case review today to see if you meet birth injury lawsuit criteria. Our experienced and compassionate nurse case managers will get some basic information from you to help determine if medical malpractice may have occurred.

Step 2: We’ll Investigate and Build Your Case

Once we determine your eligibility to pursue a birth injury lawsuit, we’ll get to work collecting the evidence needed to build your case. Don’t worry if you’re not completely sure of what happened during the birth or delivery process — we can investigate this as we gather evidence.

When it comes to building your birth injury case, your legal team will work to show that:

  • An injury during birth contributed to your child’s condition
  • The birth injury could have been prevented
  • Medical professionals were responsible for the injury

Step 3: We’ll File Your Birth Injury Claim

After gathering the evidence, our birth injury lawyers can then file a complaint on your behalf. One of the reasons why it’s so important to act as quickly as possible is that you have to file a birth injury lawsuit within your state’s statute of limitations.

Different states have different statutes of limitations in birth injury cases. If you wait until after yours expires, you won’t be able to file a birth injury lawsuit for your child’s injuries.

Step 4: We’ll Negotiate a Birth Injury Lawsuit Settlement

Many cases end in the family receiving a birth injury lawsuit settlement, and the matter usually doesn’t have to go to court. Birth injury settlements can be faster than a trial and may allow you to start receiving compensation much sooner as a result.

There are many factors that go into determining how much someone may be able to obtain through birth injury settlements. These include the severity of the injury, current and future medical bills, the degree of medical negligence that may have contributed to the injury, and more.

Step 5: We’ll Fight for a Verdict in Court

In some birth injury cases, however, a settlement cannot be reached, and the case has to go to trial. We have a great deal of experience in securing substantial verdicts for our clients if a settlement is not reached.

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Types of Birth Injury Lawsuits

The two main types of birth injury lawsuits are medical malpractice lawsuits and wrongful death lawsuits.

Birth Injury Medical Malpractice Cases

Birth injury malpractice cases are filed when a medical professional or health care provider commits an error that results in harm to a newborn child.

For example, if a doctor applies too much force to a baby’s head during delivery, it can cause nerve damage and brachial plexus injuries, which can lead to a condition known as Erb’s palsy.

Another type of medical mistake that can lead to a malpractice claim is accidental oxygen deprivation during labor or delivery, which can result in brain damage and cause medical conditions like cerebral palsy. Medical professionals can also fail to see issues before birth, which can lead to serious injuries over time.

Wrongful Death Birth Injury Lawsuits

If an infant dies during childbirth due to medical malpractice or negligence, the family may be able to file a wrongful death birth injury lawsuit. This can involve a medical mistake made either before delivery, during delivery, or shortly after the baby is delivered.

A traumatic injury due to misusing a medical instrument can lead to death, as can a lack of oxygen due to a problem with the umbilical cord that a doctor should have noticed before delivering the child.

Get Help Filing a Birth Injury Lawsuit

Over the last 40 years, birth injury lawyers with Sokolove Law have helped secure over $761 Million for the families of children who suffered an injury during or before birth.

If you have any questions as to whether medical negligence is the reason your baby suffered harm, we have registered nurses with years of experience who may be able to help. Get a free case evaluation today to learn more about your legal options.

Birth Injury Lawsuit FAQs

How long do you have to sue for a birth injury?

The amount of time you have to file a birth injury claim is known as the statute of limitations, which varies from state to state. If you don’t file a case before the statute of limitations runs out, you may not be eligible to take any sort of legal action. Get a free case review as soon as possible to see if you may be able to file a birth injury lawsuit.

What is the average birth injury settlement?

There are many factors that go into determining the value of a birth injury lawsuit settlement. As a result there’s no way to know how much your particular case may be worth without knowing the details of your situation.

However, many of our birth injury cases have resulted in families receiving millions of dollars, which can go a long way in covering expenses like therapy, medicine, surgery, home accommodations and more.

What factors can determine the value of birth injury cases?

The amount of birth injury compensation available through a lawsuit depends on a number of different circumstances in each case, like:

  • The severity of the birth injury
  • Current and future medical costs, such as medications, hospital stays, doctors’ visits and more
  • Home or automobile modifications that need to be made to improve the child’s quality of life
  • Residential care
  • Related expenses, such as mobility aids (including wheelchairs, walkers and leg braces)

How long does a birth injury lawsuit take?

It can be difficult to determine the length of a birth injury lawsuit. Some birth injury cases are resolved in months, while others may take years.

At Sokolove Law, we will work diligently to bring your case to a resolution quickly, so you can start receiving compensation for your child’s injury as soon as possible.

Can you sue a hospital for traumatic birth? 

In some states, you may be able to file a birth injury claim against a hospital. This will typically be the case if the doctor whose medical negligence or malpractice caused the injury is an employee of the hospital.

You may still be able to sue the hospital if your lawyer can prove that the hospital either knew, or should have known, that the doctor had a history of negligence but failed to prevent it.

Can I sue my doctor for misdiagnosis?

Many birth injury lawsuits are filed against medical professionals whose lack of proper care contributed to a child’s birth injury. There are other instances when the family of an injured child can seek compensation from a nurse or another healthcare professional who provided substandard care.

What is the difference between a birth injury settlement and a trial?

In most cases, lawsuits can be resolved with a birth injury lawsuit settlement agreed out-of-court. Settlements can conclude a case quicker than a trial, resulting in your family receiving compensation sooner. The amount of compensation received in a birth injury settlement can vary based on the details of your case and the severity of your child’s injury.

Some birth injury cases go to trial. A judge and jury will hear arguments from both parties and make a decision during a trial called a verdict. This process can result in a much longer lawsuit. If the judge and jury don’t rule in your favor, you may not receive any financial compensation at all.

Author:Sokolove Law Team
Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: February 16, 2022