Birth Injury Lawsuit

Filing a Birth Injury Lawsuit for Your Child

A birth injury lawsuit is a form of legal action that families take when their child is harmed due to a medical mistake before, during, or after delivery. These injuries are often the result of medical malpractice or negligence.

By filing a birth injury lawsuit, families can hold medical personnel like doctors and obstetricians accountable for your child's injury and seek compensation for ongoing care, pain and suffering, and other costs.

At Sokolove Law, we have over 45 years of experience fighting on behalf of families and children who’ve been injured through no fault of their own.

When you work with our team, we can handle every step of the legal process for you, so you can focus on caring for your child during this difficult time.

Understanding Birth Injury Malpractice Cases

Medical professionals are expected to provide patients with safe, effective care. If they fail to meet this standard of care, medical malpractice or negligence may occur and result in a birth injury.

Birth injury malpractice can come in many forms, like using forceps or vacuum extractors incorrectly, failing to order a C-section, not setting up a delivery room in a timely manner, or using excessive force during delivery.

Birth injuries that may be caused by malpractice include: 

• Brachial plexus injuries
• Brain bleeds
• Brain damage
• Broken or fractured bones
• Cephalohematoma (blood above the skull but under the scalp)
• Cerebral palsy
• Erb’s palsy
• Facial nerve injury or paralysis
• Head trauma
• Hypoxic-ischemic encephalopathy or HIE (when the baby doesn’t receive enough oxygen or blood flow)
• Kernicterus caused by untreated jaundice
• Necrotizing enterocolitis (NEC)
• Shoulder dystocia
• Spinal cord injuries
• Umbilical cord compression or strangulation
• Stillbirths or death

Our nurses, investigators, and attorneys can gather evidence to prove your child’s injury was caused by malpractice and build a strong case on your behalf.

Get help determining if medical malpractice may have played a role in your child’s injury and figuring out the best path forward for your family.

“My baby had to stay in the NICU. Now, she is almost 3 and isn’t developing like other kids. Sokolove Law helped us fight for justice and get the money we needed to give our child special care and treatments. I can’t thank Sokolove Law enough."
– Mother in Massachusetts & Firm Client

Our Past Birth Injury Lawsuit Settlements & Verdicts

As of April 2024, Sokolove Law has secured over $905 Million total in birth injury compensation for families across the country.

Our past birth injury lawsuit settlements and verdicts include:

• $10.5 Million for a Missouri child with cerebral palsy from malpractice
• Over $10.4 Million for a child with CP in Pennsylvania
• $9.67 Million for a Massachusetts child injured during delivery
• $9 Million for a family in Alaska that was denied a C-section before their child was injured by a vacuum extractor and born with the umbilical cord wrapped around her neck.
• $8 Million for a California child who suffered a brain bleed from vacuum extractor injuries, resulting in brain damage and a month-long stay in the NICU
• $8 Million to a child in New York with CP from a vacuum extractor injury
• $7.8 Million for a Florida family whose child developed cerebral palsy
• $7 Million for a Michigan child with cerebral palsy from malpractice at birth
• $6.5 Million for a child in Washington with CP who received cooling therapy for two weeks
• $6 Million to a child in New York who suffered from untreated jaundice
• $5.9 Million for a child in Texas who suffered oxygen deprivation due to delayed medical care
• $4.5 Million for the family of a child in Illinois with Erb’s palsy
• $4.1 Million to a New Jersey child who suffered umbilical cord strangulation and fetal distress
• $3.3 Million for a family in New Hampshire impacted by cerebral palsy
• Over $2.8 Million to a Connecticut child with Erb’s palsy

While there’s never a guarantee of compensation in any case, we’ll fight hard to get you everything you’re entitled to, so you can provide your child with the best possible care.

Who Can File a Birth Injuries Lawsuit?

We often hear from parents who feel like a medical mistake was made during delivery and believe that their child may be suffering, but they’re not sure about their options.

You may be able to file a birth injuries lawsuit if:

• Your child was injured before, during, or shortly after delivery
• The injury was caused by a preventable medical mistake
• The statute of limitations or legal deadline to file a claim hasn’t passed yet

If your child was sent to the NICU, received cooling therapy, or later experienced symptoms of a birth injury, like seizures, missed milestones, limp muscles, or difficulty with motor skills, you may have a case.

Even if you don’t know whether medical negligence or malpractice was to blame, get in touch with us as soon as possible.

The Birth Injury Lawsuit Process: 4 Easy Steps

As a national birth injury law firm, Sokolove Law has the resources and experience to stand up to large hospitals and demand justice for your child.

Our attorneys will make the birth injury lawsuit process as stress-free as possible by handling all of the legal legwork on your behalf, so you can focus on caring for your child.

1. Contact Us for a Free Case Review

At Sokolove Law, we provide families with a free case review to determine if they may be able to file a birth injury lawsuit to help pay for long-term medical costs.

During this initial conversation, our compassionate team will ask a few basic questions to help figure out if medical malpractice may have occurred.

2. We’ll Find Evidence of Malpractice

Once we determine if you have a birth injury case, we’ll get to work collecting the evidence, medical records, and testimonies needed to build a strong case on your behalf.

In birth injury cases, 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

Don’t worry: If you’re not entirely sure what happened during the birth or delivery process, we can investigate as we gather evidence to prove your case.

3. We’ll File Your Birth Injury Claim

Our birth injury lawyers can prepare and file a childbirth injury lawsuit on your behalf within the state deadlines.

If you wait too long, you won’t be able to file a birth injury claim for your child’s injuries again, so it’s important to take action as soon as possible.

4. You’ll Get Birth Injury Lawsuit Payouts

Our lawyers will work to negotiate a settlement with the defendants, which may include medical professionals, the hospital, and their insurance company.

Most birth injury lawsuits result in a settlement, with payouts determined by:

• The type of injury
• How debilitating the injury is
• Current and future medical bills
• The degree of medical negligence that may have contributed to the injury

The average birth injury lawsuit settlement is around $1 Million.

Our team will fight hard to get you everything you may be entitled to, so your child can receive the support they require following a birth injury.

Birth Injury Lawsuit Settlements and Verdicts: An Overview

Compensation from a birth injury lawsuit can come in two forms:

• Birth injury lawsuit settlements: In many cases, our attorneys can negotiate a birth injury settlement with the hospital or medical professional responsible for your child’s injury, meaning you may not have to step foot in court to receive compensation. This may also allow you to get money faster.
• Birth injury verdicts: If a settlement can’t be reached, we’re prepared to present your case at a trial, so a judge or jury can decide if you will be awarded compensation from a birth injury verdict. Our team has extensive experience securing substantial birth injury lawsuit verdicts for our clients if a settlement isn’t reached.

Our dedicated lawyers have helped numerous families affected by birth injuries get the results they need — whether through a birth injury lawsuit settlement or verdict.

Regardless of how your case proceeds, our team will fight to maximize the compensation you may receive from a birth injury lawsuit.

Types of Birth Injury Lawsuits

The two types of birth injury lawsuits are medical malpractice lawsuits and wrongful death lawsuits. These claims are filed in a similar manner and aim to seek accountability and secure compensation for those impacted by a medical professional’s negligence.

Medical Malpractice Childbirth Injury Lawsuit

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.

Examples of medical malpractice birth injury cases include:

• Applying excessive force to a baby’s head during delivery, which can cause nerve damage that leads to a condition known as Erb’s palsy
• Causing oxygen deprivation during labor or delivery that leads to infant brain damage and conditions like cerebral palsy
• Failing to detect fetal distress or other issues before birth, which can lead to serious complications and injuries
• Not ordering a C-section for a difficult birth, which can increase the risk of injuries during delivery

In birth injury malpractice lawsuits, the child’s current and future medical expenses will be taken into account when determining a settlement amount.

Wrongful Death Birth Injury Lawsuits

Wrongful death can occur as a result of medical errors made before, during, or shortly after a baby is delivered.

If an infant passes away during childbirth due to medical malpractice or negligence, their family may be able to file a wrongful death lawsuit.

Medical errors leading to traumatic injuries may be caused by misusing a medical instrument or a lack of oxygen from umbilical cord problems that the doctor should have noticed before delivery.

Why File a Birth Injury Claim?

No newborn should suffer at the hands of a medical professional, and families shouldn’t have to endure the emotional stress and uncertainty that can accompany a birth injury.

By filing a birth injury claim, you can get help:

• Holding negligent health care providers accountable
• Preventing another child from potentially being injured in the future
• Seeking justice for your child from those responsible

Compensation from a birth injury claim can help your child live a happier, healthier life, while removing some of the financial uncertainty for your family.

Pursue Birth Injury Compensation for Your Child’s Care

Birth injuries can require lifelong medical care, which may be too much for many families to afford.

By filing a birth injury lawsuit, you may receive the compensation you need to provide the best care possible for your child and improve their quality of life.

Birth injury compensation can help pay for: 

• Adaptive equipment
• At-home caregiver costs
• Home modifications, like a wheelchair ramp
• Medical bills and medications
• Speech, physical, or occupational therapy

“Our daughter's traumatic birth left us devastated. She faces numerous issues, and I can't work as I need to care for her. Sokolove Law stepped in and helped us fight for justice. With their help, we can breathe a little easier, knowing our daughter's needs will be met.”
– Sokolove Law Birth Injury Client

At Sokolove Law, our dedicated attorneys have the resources and skills necessary to secure compensation for your family from a birth injury lawsuit. Let us put our decades of experience to work for you.

Get Help Filing a Birth Trauma Lawsuit

At Sokolove Law, we’re committed to helping families file birth trauma lawsuits and pursue the justice and compensation they deserve.

There are no upfront costs or hourly fees to work with our team. We only get paid if your case results in compensation, so there’s no financial risk to filing a birth injury lawsuit.

Our birth injury lawyers have more than 45 years of experience fighting for families across the country, and we’ve secured more than $905 Million in birth injury compensation.

We also have registered nurses on staff with decades of labor and delivery experience who can determine if medical negligence may have played a role in your child’s injury and answer any questions you may have.

Contact us right now or call (800) 995-1212 for free help determining if we may be able to help you file a birth injury lawsuit.

Traumatic Birth Lawsuit FAQs