What is a Birth Injuries Claim?

It’s awful to see a newborn baby suffer. It’s even worse when you know that suffering is the consequence of someone’s terrible mistake. Is there any recourse for families who’ve seen their child’s lives changed forever by negligence? Yes— through legal action known as a birth injury claim.

In this article, we’ll go over the basics of filing this type of claim. If you’re looking for answers to specific questions about your case, please contact us here. We offer initial consultations free of cost for families involved in birth injury cases. 

What are Birth Injury Claims?

A birth injury claim is a type of medical malpractice lawsuit parents can file on behalf of a child who was injured in the birthing process. It seeks to hold doctors or other medical personnel responsible for causing an injury to a baby. 

Birth injury lawsuits belong to one of two broader categories of malpractice lawsuits: medical negligence claims or wrongful death claims. We’ll explain these below:

• Medical Negligence. Medical negligence is when a doctor’s actions fall outside the standard of care. To put it simply, the standard of care is the set of guidelines that healthcare workers must follow. Those guidelines differ based on the condition the doctor has to treat. 
• Claim. If the child dies, a birth injury lawsuit can also become a wrongful death claim. In this type of lawsuit, you have to prove that had the doctor not been negligent, the child would not have died. 

No two birth injury claims are alike; every birth injury case is unique. The injury could happen before, during, or shortly after birth. You might sue just one plaintiff. Or you might take on several. 

Also, the amount you might recover can vary widely. For children under 1 month old, the average amount of damages is around $1 million dollars (TDC group study). 

Examples of Medical Malpractice & Birth Injury Lawsuits

Birth injuries from negligence are rare, but they do happen and can result in birth injury lawsuits (especially severe birth injuries). These are the most common birth injuries involved in medical malpractice lawsuits:

• Cerebral palsy
• Hypoxic-ischemic Encephalopathy (HIE)
• Brachial plexus injuries (birth injuries to the nerves in the shoulders and neck)
• Facial Paralysis
• Hypoxia (oxygen deprivation)
• Cephalohematoma (bleeding under the skull)
• Fractured collarbones
• Hemorrhage (excessive bleeding)

The attorneys at Hampton & King have experience working with many types of birth injury claims. We’ve won millions of dollars as a result of birth injury claims. Here are several examples:

• $6,500,000 for negligent fetal heart monitoring that caused Hypoxic-ischemic Encephalopathy (HIE).
• $6,000,000 for postpartum hemorrhage resulting in brain damage.
• $4,000,000 for negligent administration of Pitocin. The baby had cerebral palsy as a result. 
• $4,000,000 for negligent administration of Pitocin that lead to HIE. 
• $3,600,000 for negligent resuscitation of a newborn that resulted in HIE. 

Negligent administration of Pitocin and negligent fetal heart monitoring resulted in cerebral palsy and HIE in most of these cases, but there are many other forms of negligence and birth injuries. We invite you to view more case results here. 

Important Things to Know Before You File a Claim 

The first step to take before filing a claim is to figure out whether your claim is viable. For it to hold up in court, the following must be true:

• Doctors have diagnosed your child with a birth injury.
• You have proof that your healthcare provider was negligent. What they did fits the legal definition of medical malpractice. 
• The healthcare worker’s negligence caused your baby’s injury. 
• You still have time to file, according to your state’s statute of limitations. 

Your Birth Injury Claim & Settlement

If your child is injured, you’re already going through a lot. So you might balk at gathering evidence and tackling tons of paperwork. And the last thing you want to do is spend weeks on end in court. 

Here’s some good news: most birth injury claims don’t go to trial. They end with settlements. A birth injury lawsuit settlement is an agreement where plaintiffs agree to pay the defendants damages. Birth injury lawsuit settlements help families pay for their child’s medical needs and related expenses. 

And here’s some more good news: you don’t have to seek justice for your child’s birth injury (or birth injuries) alone. Schedule an initial consultation (cost-free) so we can explain your legal options. We encourage you to do this right away. Most states allow only 2-3 years to file a birth injury lawsuit.

The Basics of a Birth Injury Lawsuit

Once you’ve decided to hire a lawyer, you can begin to build your birth injury lawsuit. 

Here are the basics of what your claim should show:

• Proof of a doctor-patient relationship
• The standard of care that should have been followed by the medical professional
• A breach of the standard of care directly resulting in injury
• Damages you are claiming

Ready to take the first step toward your birth injury settlement? We’re ready to help you take the first steps toward justice for your child, and birth injury compensation. Call us now to discuss your potential case.

Birth Injury Claim FAQs