Birth Injury Lawyers

Birth injuries can occur for a variety of reasons, including medical negligence, improper use of medical devices, failure to monitor fetal distress, and inadequate prenatal care. More often than not, a birth injury was preventable and didn’t have to happen. In legal terms, such needless injury would fall under “medical malpractice” or “negligence.”

Morgan & Morgan’s birth injury lawyers specialize in cases like these and have the experience in expertise to investigate the true source of a birth injury and determine the at-fault party.

Birth injuries can lead to a variety of health conditions or concerns, including:

• Cerebral Palsy
• Erb’s Palsy
• Brachial Plexus Injuries
• Hypoxic-Ischemic Encephalopathy (HIE)
• Shoulder Dystocia
• Brain Damage

These conditions can be challenging for a family to navigate. Morgan & Morgan’s attorneys realize that birth injuries not only have physical and emotional consequences but also place a financial strain on the child’s family. Hospitalization for birth defects alone costs the U.S. over $2.6 billion annually, according to the Centers for Disease Control.

If you suspect that your child’s birth injury was caused by medical negligence or malpractice, contact Morgan & Morgan to learn more about your legal options. Our legal team can review the details of your case and help you determine the best course of action. Plus, there’s no charge or upfront fees. That’s right—the Fee Is Free™, and you only pay if we win your case or get you a settlement.

For Morgan & Morgan to determine you have a valid birth injury case typically involves assessing several key factors:

Evidence of Injury: The first step is to establish that a birth injury occurred. This could be a physical injury to the baby, such as cerebral palsy, brachial plexus injuries, or other neurological conditions, or injuries to the mother during labor or delivery.

Standard of Care: You'll need to demonstrate that the healthcare provider (such as a doctor, nurse, or midwife) failed to provide the appropriate standard of care during pregnancy, labor, or delivery. This means showing that they acted negligently or made a mistake that a reasonable healthcare provider would not have made under similar circumstances.

Causation: There must be a direct link between the healthcare provider's negligence and the birth injury. You'll need medical evidence to establish that the provider's actions or omissions directly caused or contributed to the injury.

Damages: You must have suffered actual damages as a result of the birth injury. This can include medical expenses, ongoing care costs, lost income, pain and suffering, and other related damages.

Statute of Limitations: There is typically a time limit within which you must file a birth injury lawsuit, known as the statute of limitations. It's important to be aware of and adhere to these deadlines. If you fail to file within the specified timeframe, it can result in your case being dismissed.

Medical Expertise: Often, determining the validity of a birth injury case requires input from medical experts who can review the medical records and provide opinions on whether the standard of care was breached and whether the breach caused the birth injury.

If you suspect that you or your child has suffered a birth injury due to medical negligence, contact Morgan & Morgan today.

Morgan & Morgan fights to get compensation for our clients because of the injury they have suffered. Compensation for birth injuries can cover damages incurred by the accident, including medical expenses, future medical care, lost wages, pain and suffering, and more. The amount of compensation will depend on the specific circumstances of your case.

Compensation for a birth injury can vary widely depending on the specific circumstances of the case, the severity of the injury, and the laws of the jurisdiction where the injury occurred. Typically, compensation may cover:

Medical Expenses: This includes current and future medical bills related to the injury, including doctor's visits, hospital stays, surgeries, medication, therapy, and assistive devices.

Lost Income: If the birth injury results in the parent(s) needing to take time off work to care for the child or if the child will require ongoing care that prevents a parent from working, compensation may cover lost wages or reduced earning capacity.

Pain and Suffering: This accounts for the physical and emotional pain caused by the injury, both for the child and the parents. It's often challenging to quantify, and compensation for this can vary significantly.

Disability and Impairment: If the birth injury results in a long-term disability or impairment, compensation may cover the costs associated with accommodating the disability, such as home modifications, specialized equipment, or ongoing care.

Future Expenses: This includes estimating the future costs of medical care, therapy, educational support, and other needs related to the birth injury.

Non-Economic Damages: These damages are intangible losses such as loss of enjoyment of life, emotional distress, and loss of companionship. The compensation for these damages can vary widely based on the circumstances and jurisdiction.

Punitive Damages: In cases where the injury was caused by egregious negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter similar conduct in the future.

It's essential to consult with a qualified attorney who specializes in birth injury cases to understand what specific compensation may be available in your situation and to navigate the legal process effectively.

The time limit to file a birth injury lawsuit, known as the statute of limitations, can vary depending on the jurisdiction (state or country) where the injury occurred. In the United States, the statute of limitations for medical malpractice, including birth injury cases, is typically determined by state law and can range from one to several years.

Generally, the statute of limitations for filing a birth injury lawsuit starts running from the date of the injury or from the date when the injury was discovered or should have been discovered through reasonable diligence. However, there are exceptions and variations based on the specific circumstances of each case and the laws of the jurisdiction.

When you consult with a Morgan & Morgan birth injury attorney, you can better understand the statute of limitations applicable to your situation. Remember—failing to file a lawsuit within the specified timeframe can result in your case being dismissed, barring you from seeking compensation for the birth injury.

Additionally, there may be other deadlines or requirements to consider, such as notice requirements for filing a claim against a government entity or special rules for cases involving minors.

At Morgan & Morgan, we have a dedicated team of birth injury attorneys who are committed to fighting for justice on behalf of injured children and their families, and as the largest personal injury law firm in the country with offices in every state, we may have a lawyer nearby who can help—no matter where you are.

For over 35 years, we have fought for victims of negligence and personal injury and have recovered over $20 billion for our clients in pursuit of justice. We understand that birth injuries are very difficult, and that’s why we want to make hiring one of our attorneys as easy as possible. In just minutes, you can submit a free case evaluation online with no obligation.