How long do I have to file a birth injury lawsuit?

Many states extend filing deadlines for minors, sometimes until the child reaches a certain age. Rules vary widely. Contact a lawyer as soon as possible — records and witnesses are best preserved early.

Is cerebral palsy always caused by malpractice?

No. Many cases of cerebral palsy have non-negligent causes. Malpractice is implicated only when evidence shows oxygen deprivation, delayed C-section, or other negligent peripartum events caused the injury.

What records will my lawyer need?

Complete prenatal records, fetal monitoring strips, labor and delivery notes, anesthesia records, NICU records, imaging, and the mother's and baby's full hospital chart.

Who can sue for a birth injury?

Typically the parent or legal guardian on behalf of the child. The mother may also have her own claim for injuries she suffered.

Are damage caps applied to birth injury cases?

Some states cap non-economic damages even in birth injury cases, while others have exceptions or higher caps. Cap rules vary by state.

Medical malpractice — claim type

Birth Injury Lawyer

If negligence during pregnancy, labor, or delivery harmed your child, learn how birth injury claims work and how to start a free case review.

Last reviewed: April 28, 2026 · Reviewed by our editorial team.

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Birth Injury Lawyer — legal review by medical malpractice attorneys

Direct answer

A birth injury claim arises when negligence during prenatal care, labor, or delivery causes preventable harm to the mother or baby. Common injuries include hypoxic-ischemic encephalopathy, cerebral palsy, brachial plexus injury, and maternal hemorrhage. These claims often involve life-care planning and large damages.

Overview

Birth injury claims are among the most consequential medical malpractice cases because the injuries — neurological, orthopedic, or fatal — often last a lifetime and require ongoing medical and assistive care.

Liability questions focus on prenatal monitoring, fetal heart-rate interpretation, decision and timing of cesarean section, use of forceps or vacuum, and management of labor complications such as shoulder dystocia or placental abruption.

Common examples

Fact patterns we review

• Hypoxic-ischemic encephalopathy (HIE) from delayed C-section
• Cerebral palsy linked to peripartum oxygen deprivation
• Brachial plexus injury / Erb's palsy from shoulder dystocia
• Skull fracture or intracranial bleed from forceps or vacuum
• Failure to diagnose preeclampsia or placental abruption
• Maternal hemorrhage from delayed intervention

What must be proven

The four legal elements

1. Provider-patient relationship in prenatal or delivery care
2. Breach of obstetric standard of care
3. Causal link to the child's or mother's injury
4. Significant damages, often lifelong

Possible defendants

Who may be liable

• Obstetricians and maternal-fetal medicine specialists
• Labor and delivery nurses and midwives
• Anesthesiologists
• Hospitals and birthing centers

Compensation that may be available

• Lifelong medical care, therapy, and equipment
• Special education and assistive services
• Loss of earning capacity for the child
• Pain, suffering, and emotional harm
• Wrongful death damages in fatal cases

Many states cap non-economic damages, and individual case value depends on facts, evidence, jurisdiction, and insurance coverage. See our medical malpractice compensation guide, state-by-state filing deadlines, and medical malpractice lawyers by state. You may also want to review related malpractice injuries and conditions.

Frequently asked questions

Birth Injury Lawyer — FAQs

Related claim types

Other malpractice claims we review

The next step

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