Birth injuries can arise from oxygen deprivation, shoulder dystocia, placental issues, and procedural errors. If you suspect medical negligence, consult a birth injury attorney who will collect records, obtain expert reviews, and pursue damages for medical costs and long-term care. Deadlines vary by state, so seek legal advice early.

Understand what "birth injury" means

A birth injury is physical harm to a baby that occurs during pregnancy, labor, delivery, or immediately after birth. Common causes include oxygen deprivation (perinatal hypoxia), shoulder dystocia, brachial plexus injuries, placental problems such as abruption, and prescription or procedural mistakes. Some lifelong conditions, such as cerebral palsy or epilepsy, can result from perinatal brain injury. Causal links between birth injury and developmental diagnoses like autism are complex and not established as direct consequences of obstetric injury.

When to consider a birth injury attorney

If you suspect medical errors - delayed C-section, misread fetal monitoring, improper use of forceps or vacuum, failure to respond to fetal distress - you should consult an experienced birth injury attorney. These lawyers focus on claims arising from pregnancy and delivery. They can help you determine whether care fell below accepted standards and whether malpractice caused the harm.

What a birth injury attorney does

  • Collect medical records and delivery documentation.
  • Arrange independent medical reviews and consult experts (obstetricians, neonatologists, neurologists).
  • File required notices or expert affidavits (many jurisdictions require expert input for malpractice claims).
  • Negotiate with hospitals, insurers, and defense counsel; take cases to trial when needed.
Attorneys often build life-care plans with experts to estimate long-term medical, therapy, and equipment needs. They pursue damages for current and future medical costs, ongoing care, pain and suffering, and lost earning capacity where applicable.

Timing and legal deadlines

Statutes of limitations and procedural rules vary by state. Some states start the clock at injury; others allow discovery rules or tolling for minors. Because deadlines can be strict, contact an attorney promptly to protect your child's legal rights.

How to choose the right lawyer

Look for attorneys who specialize in birth injury or medical malpractice, have trial experience, and can show case results or client references. Ask about their use of medical experts, communication style, fee structure (many work on contingency), and whether they will handle your case personally or delegate it to others.

Emotional and practical considerations

Pursuing a claim can be emotionally difficult. A skilled attorney should communicate compassionately while moving the case forward. Even if you decide not to sue, an initial consultation helps you understand options for medical advocacy, insurance claims, and public benefits that may help pay for care.

Next steps

If you suspect negligence, request complete medical records and schedule a consultation with a birth injury attorney. Early investigation preserves evidence and gives you time to explore legal and care options for your child.

FAQs about Birth Injury Lawyers

What counts as a birth injury?
A birth injury is physical harm occurring during pregnancy, labor, delivery, or right after birth. Examples include perinatal hypoxia, brachial plexus injury, shoulder dystocia, and injuries related to placental problems or delivery instruments.
How soon should I contact a lawyer?
Contact a birth injury attorney as soon as you suspect negligence. Statutes of limitations and procedural rules differ by state, and early investigation preserves medical records and other evidence.
What damages can I seek in a birth injury case?
You can seek compensation for past and future medical expenses, long-term care plans, therapy, adaptive equipment, pain and suffering, and lost earning capacity when applicable.
Will I need medical experts?
Yes. Birth injury claims typically require independent medical reviews and expert testimony (obstetricians, neonatologists, neurologists) to establish the standard of care and causation.
Do all birth injuries mean there was malpractice?
No. Not all birth injuries result from negligence. An attorney and medical experts can review the facts to determine whether care fell below accepted standards and caused the harm.