What Is a Birth Injury Claim?

Most births go well, and many conditions present at birth are nobody's fault. A birth injury claim applies when an injury happened because medical providers did not act as careful providers would have.

Common birth injuries linked to care

• Brain injury from lack of oxygen (hypoxic-ischemic encephalopathy), sometimes linked to a delayed C-section or failure to respond to fetal distress on the monitor
• Brachial plexus injuries such as Erb's palsy, which can occur when excessive force is used during a difficult delivery
• Injuries from vacuum or forceps used improperly
• Untreated infections or jaundice in the newborn
• Maternal injuries, such as severe tears or hemorrhage that was not managed properly

Some cases of cerebral palsy are linked to events during birth, but many have other causes. Whether an injury was preventable is a medical question that experts must answer.

What must be proven

A birth injury claim is a form of medical malpractice: a provider owed a duty of care, breached the standard of care, and the breach caused the injury and damages (Cornell LII). Defendants can include the obstetrician, midwife, nurses, anesthesiologist and the hospital. Many states require an expert affidavit or certificate of merit early in the case (NCSL).

What compensation can cover

• Past and future medical care, therapy and medical equipment
• Lifetime care, home modifications and special education costs
• The child's lost future earning capacity
• Pain and suffering
• Parents' own costs and, in some states, their own claims

Because needs can last a lifetime, these cases often use life-care planners and economists. Settlements for minors usually require court approval and may be placed in a trust or structured settlement.

Deadlines

Children's claims get special treatment in many states: the limitations period may be paused (tolled) until the child reaches a certain age, but some states set a fixed cutoff for birth injuries specifically, and parents' own claims may run on a shorter clock (Cornell LII). Because rules vary widely, get advice early.

Steps for families

1. Request the complete mother's and baby's medical records, including fetal monitoring strips.
2. Write down your recollection of labor and delivery while it is fresh.
3. Keep records of therapy, equipment and care costs.
4. Talk to a personal injury lawyer who handles birth injury cases; most offer free reviews and work on contingency.

If a child will need long-term decision-making help as an adult, see how to get guardianship.

Sources

1. Cornell Law School LII: Medical malpractice
2. NCSL: Medical liability and malpractice merit affidavits and expert witnesses
3. Cornell Law School LII: Statute of limitations