Vermont Birth Injury Lawyer

Common Birth Injury Cases in Vermont

Not every birth injury is caused by malpractice. However, when a doctor, nurse, or another medical professional fails to provide appropriate care before, during, or shortly after delivery, a baby may suffer preventable harm.

A Vermont birth injury lawyer can review medical records, consult with medical professionals, and investigate the circumstances surrounding your child’s delivery to determine if a medical error played a role.

Birth injury cases our attorneys handle include:

• Birth asphyxia
• Bleeding in the brain
• Brachial plexus injury
• Brain damage or swelling
• Cephalohematoma (accumulation of blood above the skull but under the scalp)
• Cerebral palsy (CP)
• Erb’s palsy
• Facial nerve injury or paralysis
• Fetal distress
• Hypoxic-ischemic encephalopathy or HIE (when the brain doesn’t receive enough oxygen or blood flow)
• Injuries from forceps or vacuum extraction
• Intracranial hemorrhages
• Jaundice and kernicterus (brain damage from untreated jaundice)
• Necrotizing enterocolitis (NEC)
• Nerve damage
• Shoulder dystocia (when one or both of the baby’s shoulders get stuck in the mother’s pelvis during delivery)
• Skull fractures or bone fractures
• Spinal cord injuries
• Stillbirths and wrongful death
• Umbilical cord strangulation

For some children, a birth injury may improve with treatment and time. Others may face lifelong challenges that require surgeries, medications, specialized equipment, or assistance with everyday activities.

“My child was born not breathing and required resuscitation. The complications resulted in brain damage and a cerebral hemorrhage. We were lost and didn’t know what to do until we found Sokolove Law. They’ve been a beacon of hope in this incredibly dark time for our family.”
– Parent & Firm Client

If you suspect a mistake in your child’s medical care caused or worsened their injury, our Vermont birth injury attorneys can investigate and help determine who may be responsible.

Let Sokolove Law Fight for You

Since 1979, Sokolove Law has secured over $1.1 Billion for families affected by birth injuries.

Get a Free Case Review

Medical Malpractice & Birth Injuries

Health care providers have a duty to follow accepted standards of care when treating a mother and baby. If they fail to do so and their mistake causes a child to be injured, the family may have grounds for a medical malpractice claim.

Negligence can occur at many points during pregnancy and childbirth. Providers might overlook warning signs, wait too long to order an emergency procedure, or make a preventable mistake while assisting with delivery.

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

• Applying too much force during delivery
• Ignoring signs of fetal distress
• Failing to account for known pregnancy or delivery risk factors
• Misusing forceps or vacuum extractors
• Failing to diagnose or properly treat a serious medical condition
• Waiting too long to perform a medically necessary C-section

Establishing malpractice often involves examining medical records and the decisions made by the care team to determine whether another qualified provider would have acted differently under similar circumstances.

Sokolove Law has registered nurses on staff who understand the medical issues involved in birth injury cases. They can listen to what your family experienced and help make sense of complicated medical information.

“There are clues during the delivery that the staff can look for to show that there's something going on that shouldn't be going on: clues with the fetal heart rate or clues with how long labor lasts, those kinds of things. Medical malpractice comes in when those clues aren't listened to or acted on.”
– Beth Carter, Registered Nurse with Sokolove Law

Call (800) 995-1212 now to learn whether your child’s birth injury may be connected to medical malpractice. Speaking with our team is free.

Do You Have a Vermont Birth Injury Case?

A birth injury does not automatically mean that medical malpractice occurred. However, some cases of cerebral palsy, HIE, Erb’s palsy, and other serious conditions may be linked to mistakes that could have been avoided.

Whether your family has a potential Vermont birth injury case depends on the circumstances surrounding the injury and whether a doctor, nurse, hospital, or other health care provider acted negligently.

To prove birth injury malpractice, your attorney generally must establish that:

• A health care provider was responsible for your baby’s care
• The provider failed to give proper care
• That failure caused or contributed to your child’s injury
• Your child or family suffered harm as a result

Your attorney can review fetal monitoring records, delivery notes, test results, medical charts, and other evidence to piece together what happened and determine whether negligence may have played a role.

There is also a limited amount of time to pursue a medical malpractice claim in Vermont, so families who suspect negligence should explore their legal options as soon as possible.

Vermont Birth Injury Statute of Limitations

The Vermont birth injury statute of limitations generally requires medical malpractice lawsuits to be filed within 3 years of the incident or 2 years from when the injury was or reasonably should have been discovered (12 V.S.A. § 521).

If a birth injury results in a child’s death, a Vermont wrongful death lawsuit generally must be filed within 2 years from the date of death (14 V.S.A. § 1492).

Deadlines in birth injury cases can be complicated, and the amount of time your family has to take action may depend on the specific circumstances in your case. Missing this deadline could prevent your family from recovering compensation.

Steps to File a Vermont Birth Injury Lawsuit

Filing a Vermont birth injury lawsuit generally involves contacting a lawyer, investigating your child’s medical care, gathering evidence, identifying who may be responsible, and filing a claim before the legal deadline.

A Vermont birth injury lawyer at Sokolove Law can handle these steps on your behalf and pursue compensation through an out-of-court settlement.

The process may include:

• Contacting an experienced birth injury lawyer in Vermont
• Gathering evidence like medical records and expert opinions
• Identifying the health care providers or facilities that may be responsible
• Filing your lawsuit within Vermont's statute of limitations
• Negotiating with the defendants and their insurers for a settlement
• Taking your case to court if a settlement is unable to be reached

Sokolove Law can guide your family through each stage, answer your questions along the way, and handle the legal details, so you can stay focused on caring for your child.

1. Find a Top Birth Injury Lawyer Near You

To find a top Vermont birth injury lawyer near you, start with a free, no-obligation case review. We’ll ask about your child’s birth, medical care, and injury to determine whether our experienced attorneys may be able to help.

If your case qualifies, we can review medical records and hospital documentation and consult independent medical experts to determine whether the standard of care was breached. We’ll explain your legal options and what comes next.

2. We’ll Gather Evidence of Malpractice

Next, our legal team can gather evidence to show how medical negligence may have caused your child’s injury and document the impact it could have on your family now and in the future.

Evidence for a Vermont birth injury lawsuit may include:

• Medical records
• Expert testimony
• Fetal monitoring records
• Hospital records
• Witness statements

Our attorneys can also calculate current and lifetime costs related to the injury, including medical treatment, therapy, specialized equipment, and other future needs. This can help us determine how much compensation your family deserves.

“Our team talks with families to determine what happened. We work closely with our experts who will form opinions on that, and then we present that evidence to whoever the defendants are.”
– Ricky LeBlanc, Managing Attorney of Sokolove Law

3. We’ll File Your Birth Injury Claim in Vermont

If the evidence indicates that medical negligence occurred, our attorneys can file a Vermont birth injury lawsuit against the doctor, hospital, or other responsible parties.

Sokolove Law can prepare and file the necessary legal documents, determine where your lawsuit should be brought, and make sure all filing requirements and deadlines are met.

Birth injury deadlines can be complicated, so contact Sokolove Law as soon as possible. We can determine how much time your family may have to take legal action and help protect your right to seek compensation.

4. Your Family Gets Birth Injury Settlements

Your birth injury lawyer in Vermont can negotiate with hospitals, health care providers, insurers, and other parties to pursue a birth injury settlement that reflects the full impact of your child’s injuries.

Any compensation should account for both what your child needs today and what they may need in the future.

If a settlement cannot be reached, our Vermont birth injury lawyers are prepared to take your case to trial and fight for a verdict on your family’s behalf.

Our Past Vermont Birth Injury Settlements and Verdicts

Compensation from a Vermont birth injury lawsuit can help provide the financial resources needed to care for a child with a serious injury, including immediate expenses and other costs that could continue for a lifetime.

Sokolove Law has secured over $1.1 Billion total for families affected by birth injuries nationwide.

Some of our past birth injury settlements and verdicts include:

• $16.5 Million for the family of a child with cerebral palsy
• $8 Million to a child with a vacuum extractor injury
• $5 Million for a child who suffered brain damage during delivery
• $6 Million to the family of a child with a CP brain injury
• Over $2 Million for a child with brachial plexus damage
• $2.85 Million to a woman whose daughter developed CP
• $4.5 Million for the family of a child with Erb’s palsy
• $7.5 Million to a child with cerebral palsy
• $7.25 Million for a child with HIE and cerebral palsy
• $5.1 Million to the family of a child who experienced birth asphyxia
• $4.1 Million for a child who suffered fetal distress and umbilical cord strangulation
• $7.8 Million to a child who developed CP from a birth injury
• Over $10.4 Million for the family of a child with cerebral palsy

The amount a family may receive depends on factors like the severity of the injury, the cost of medical treatment, and how the condition is expected to affect the child over time.

Every case is different, and past results don't guarantee a particular outcome. Our Vermont birth injury lawyers can assess the full impact of your child’s injury and fight for the compensation your family may be entitled to.

What Can a Vermont Birth Injury Settlement Pay For?

A serious birth injury can create expenses that continue throughout a child’s lifetime. A Vermont birth injury settlement may provide compensation for costs your family has already faced as well as care and support your child is expected to need.

Depending on the injury, compensation may help cover:

• Assistive care and in-home support
• Communication devices and assistive technology
• Future medical care, surgeries, and hospitalizations
• Home and vehicle modifications for accessibility
• Lost future earning capacity, if the parents can't work
• Medical equipment, including wheelchairs and mobility aids
• Occupational, physical, and speech therapy
• Prescription medications
• Special education and other support services

Birth injury compensation may also account for non-economic losses, such as pain and suffering and the effect the injury has on your child’s quality of life.

Our attorneys can work with medical and financial experts to estimate your child’s lifetime needs and pursue compensation that reflects both the immediate and long-term impact of the injury.

What Does a Vermont Birth Injury Attorney Do?

A Vermont birth injury attorney investigates whether a medical mistake caused or contributed to a child’s injury, builds evidence of negligence, and pursues compensation for the family’s current and future losses.

Birth injury cases often involve complicated medical evidence and significant lifetime costs. An attorney can manage these issues and deal with hospitals and insurance companies while your family focuses on your child.

A Vermont birth injury lawyer can help by:

• Reviewing medical records and hospital documentation: Your attorney can examine prenatal records, fetal monitoring strips, delivery notes, test results, and other documentation for signs that proper care wasn't provided.
• Working with independent medical experts: Specialists can evaluate whether the medical team met the standard of care and help establish how negligence may have caused your child’s injury.
• Calculating lifetime costs: A lawyer can assess both current expenses and future needs, including medical treatment, therapy, assistive care, specialized equipment, home modifications, and lost earning capacity.
• Negotiating with hospitals and insurance companies: Your attorney can handle negotiations and fight back against attempts to minimize your child’s injuries or undervalue your family’s claim.
• Taking your case to trial if necessary: If the responsible parties refuse to offer fair compensation, your Vermont birth injury attorney can present the evidence in court and pursue a verdict on your family’s behalf.

Having an attorney handle the investigation, paperwork, negotiations, and other legal requirements can make the process easier for your family while helping ensure your child’s long-term needs are fully considered.

How Much Does a Vermont Birth Injury Lawyer Cost?

At Sokolove Law, it costs nothing upfront to work with a Vermont birth injury lawyer. We handle birth injury cases on a contingency-fee basis, which means you pay no hourly rates or out-of-pocket legal fees.

Our attorneys only get paid if we secure compensation for your family through a settlement or verdict. If we don’t recover compensation, you owe us nothing.

You can also speak with our team and learn whether you may have a case at no cost. Call (800) 995-1212 now for a free, no-obligation case review.

Vermont Birth Injury Lawsuit News & Updates (2026)

Changes to Vermont medical malpractice law and decisions from state courts may affect families considering legal action after a preventable birth injury.

New laws and court rulings can influence filing deadlines, the evidence needed to establish negligence, and other important aspects of a birth injury claim. Stay informed with recent Vermont birth injury lawsuits, legal developments, and news.

Vermont Birth Injury Lawsuit Goes to Trial

A Vermont couple filed a medical malpractice and wrongful death lawsuit against three obstetric care providers at Brattleboro Memorial Hospital after their newborn son died following delivery.

The family alleged that the providers failed to meet the standard of care. However, a Windham County jury found that the doctor, certified nurse-midwife, and registered nurse were not liable for medical negligence or wrongful death.

If your child suffered a birth injury and you believe a medical mistake may be responsible, you don’t have to determine what went wrong on your own. A Vermont birth injury lawyer can investigate, take legal action, and seek compensation.

Let Our Birth Injury Lawyers in Vermont Fight for You

A birth injury can affect nearly every part of a child’s life, from ongoing medical care and therapy to education, mobility, and future independence. Sokolove Law can help your family seek financial support for immediate and long-term needs.

With more than 45 years of experience and an office in Vermont, our firm has the resources to investigate complex birth injury cases and stand up to hospitals, health care providers, and insurance companies.

Our Vermont birth injury lawyers can determine whether medical negligence played a role in your child’s injury, build a strong case, and fight for the best possible outcome for your family.

Call (800) 995-1212 now or fill out our contact form for a free, no-obligation case review. Let us take care of the legal work while you focus on your child.

Vermont Birth Injury Attorney FAQs