When complications arise during childbirth, the consequences can be devastating for both newborns and their families. While some birth injuries are unavoidable, others are the result of medical negligence—a reality that leads to thousands of birth injury malpractice lawsuits each year in the United States.
In 2025, more families are becoming aware of their legal rights when it comes to birth injury malpractice. If your child was harmed during labor, delivery, or immediately after birth due to a healthcare provider’s error, this guide will help you understand what went wrong and how to pursue justice.
What Is Birth Injury Malpractice?
Birth injury malpractice occurs when a doctor, nurse, midwife, or hospital fails to provide an acceptable standard of care during the birthing process—resulting in physical injury to the infant or mother.
To qualify as malpractice, the following elements must be present:
- A provider-patient relationship existed
- The provider breached the standard of care
- That breach directly caused the injury
- The injury resulted in measurable damages (e.g., medical bills, disability)
These cases often require expert testimony and detailed medical evidence to prove negligence.
Most Common Birth Injury Malpractice Cases
Medical errors during pregnancy, labor, or delivery can lead to a variety of injuries, some of which may be permanent. The most frequently litigated cases include:
1. Cerebral Palsy (CP)
Often caused by oxygen deprivation or head trauma during delivery, CP is a group of neurological disorders affecting muscle control and development.
2. Brachial Plexus Injury / Erb’s Palsy
When excessive force is applied during delivery—especially during shoulder dystocia—the nerves in the baby’s shoulder can be damaged, leading to partial or complete paralysis of the arm.
3. Hypoxic-Ischemic Encephalopathy (HIE)
This brain injury occurs when the baby’s brain is deprived of oxygen for too long. It may cause seizures, developmental delays, or cognitive impairment.
4. Skull Fractures and Intracranial Hemorrhage
Incorrect use of forceps or vacuum extractors can cause bleeding inside the skull or fractures.
5. Uterine Rupture or Delayed C-section
In some cases, doctors fail to recognize signs of fetal distress or maternal complications, delaying life-saving C-section procedures.
6. Facial Nerve Damage or Forceps Injury
Improper handling or use of delivery tools can damage facial nerves, leading to asymmetry or long-term motor issues.
7. Birth-Related Asphyxia
When the baby doesn’t get enough oxygen during birth, this can lead to long-term physical and neurological harm.
Warning Signs of Birth Injury After Delivery
While some injuries are visible at birth, others become apparent months or even years later. Common red flags include:
- Seizures or tremors
- Muscle stiffness or limpness
- Feeding difficulties
- Delayed developmental milestones
- Trouble grasping, crawling, or walking
- Speech or cognitive delays
- Head or limb deformities
If your child exhibits any of these symptoms and had a complicated delivery, legal and medical evaluation may be warranted.
Who Can Be Held Responsible in a Birth Injury Case?
Multiple individuals or institutions may share liability, depending on the circumstances:
| Party | Examples of Negligence |
|---|---|
| OB/GYN or Obstetrician | Misreading fetal monitor, improper C-section delay |
| Nurses | Failing to report abnormal signs or follow doctor’s instructions |
| Midwives | Inadequate handling of breech deliveries |
| Anesthesiologists | Mistakes in administering epidurals or anesthesia |
| Hospitals or Birthing Centers | Understaffing, poor sanitation, lack of emergency equipment |
| Device Manufacturers | Defective fetal monitors or vacuum extractors |
In some cases, a combination of errors leads to injury, making it possible to pursue multiple defendants in a lawsuit.
What Compensation Can Families Receive?
If medical negligence caused your child’s injury, you may be entitled to compensation for both economic and non-economic damages. These can include:
| Type of Compensation | What It Covers |
|---|---|
| Medical Expenses | NICU bills, surgeries, therapies, medications |
| Future Medical Costs | Lifetime care, home modifications, wheelchairs, rehab |
| Pain and Suffering | Physical pain, emotional distress (infant and parents) |
| Loss of Earning Capacity | Impact on child’s ability to earn income in adulthood |
| Loss of Consortium | Impact on family relationships, quality of life |
| Punitive Damages | For egregious or reckless negligence |
| Wrongful Death Damages | Funeral costs, parental grief, loss of companionship |
In severe cases, settlements and verdicts may exceed $1 million or more, especially if lifelong care is required.
How to File a Birth Injury Malpractice Lawsuit
Step 1: Consult an Experienced Birth Injury Attorney
Seek a lawyer with a proven track record in pediatric malpractice cases. Most offer free consultations and only charge fees if your case wins.
Step 2: Gather Medical Documentation
Collect prenatal care records, labor and delivery notes, fetal monitoring reports, NICU evaluations, and any diagnoses or imaging.
Step 3: Obtain Expert Medical Review
Most states require that a medical expert review your case to confirm that negligence occurred. Your attorney will usually handle this step.
Step 4: File the Complaint
Once negligence is confirmed, your lawyer will file a legal complaint against the responsible parties within the statute of limitations.
Step 5: Engage in Negotiation or Trial
Many birth injury claims settle out of court. However, if the defendants refuse to offer fair compensation, your case may proceed to trial.
Is There a Time Limit to File?
Yes. Every state sets a statute of limitations for medical malpractice, usually between 1 to 3 years after the injury is discovered. However, exceptions exist for minors—most states allow lawsuits to be filed up to the child’s eighth or tenth birthday, depending on local laws.
Acting quickly ensures your claim is not dismissed for delay and allows attorneys time to build the strongest case.
Recent Birth Injury Settlements (2023–2025)
Here are a few high-profile settlements from recent years:
- $6.5 million – Infant with cerebral palsy due to delayed emergency C-section
- $3.2 million – Permanent brachial plexus injury from shoulder dystocia mishandling
- $5 million – Infant death from mismanaged oxygen deprivation
- $7.8 million – Lifelong care costs awarded to a family for brain injury at birth
These examples show how seriously courts view birth injuries caused by medical negligence—and how critical it is to seek qualified legal help.
Final Thoughts
Birth injury malpractice cases are among the most emotionally charged and legally complex types of litigation. As a parent, you want the best for your child—but when a trusted medical provider fails, it’s important to stand up for your rights.
Filing a lawsuit won’t erase the harm done, but it can give your family the resources needed for care, therapy, and long-term stability. If you suspect your child’s injury was preventable, speak with a qualified birth injury attorney today.