The birth of a child should be a joyful moment. But when medical negligence leads to a birth injury, that moment can be overshadowed by fear, confusion, and grief. Families are left not only with emotional trauma but also the burden of ongoing medical care, therapies, and uncertainty about the future.
Some birth injuries are unavoidable complications of labor. But others happen because a doctor, nurse, or medical team failed to act with reasonable care. When that happens, parents have legal rights—and a path toward accountability. Understanding how medical negligence plays a role in birth injury cases is the first step toward getting justice and long-term support for your child.
You will learn what constitutes a birth injury, how medical negligence is proven, and what parents need to know when considering legal action in the blog article below.
What Is a Birth Injury?
A birth injury refers to physical damage sustained by a newborn during the labor or delivery process. Some of these injuries are mild and resolve with time, while others lead to permanent disabilities that affect the child for life.
Examples of common birth injuries include:
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Fractures during delivery
- Brain damage from lack of oxygen (hypoxia)
- Facial nerve injuries
- Spinal cord trauma
Not all injuries result from malpractice. But when a provider’s failure to monitor, diagnose, or respond appropriately leads to preventable harm, that’s when legal accountability comes into play.
What Counts as Medical Negligence in Birth Injuries?
To bring a successful medical malpractice claim related to a birth injury, parents must prove the following elements:
- A healthcare provider-patient relationship existed
- The provider breached the accepted standard of care
- The breach directly caused the child’s injury
- The injury resulted in measurable damages, such as long-term medical needs
Examples of negligent acts in childbirth may include:
- Failure to recognize fetal distress and perform an emergency C-section
- Misuse of forceps or vacuum extractors
- Delayed treatment for infections
- Poor monitoring of oxygen levels during labor
- Incorrect medication or dosages during pregnancy or delivery
Obstetricians and labor nurses are held to professional standards, and a failure to meet those standards that results in harm may be considered malpractice.
How Long Do Parents Have to File a Claim For Birth Injuries?
Medical malpractice claims, including those for birth injuries, are subject to a statute of limitations—a legal deadline for filing.
In many states, parents typically have two to three years from the date of injury to file a malpractice claim. However, most states have special provisions for minors. In New Jersey, for instance, a parent has until the child turns 13 to file a claim for certain birth injuries.
Because deadlines vary and may be affected by factors like when the injury was discovered, it’s important to speak with a lawyer as soon as possible.
Compensation in Birth Injury Cases
A successful claim may provide compensation for:
- Past and future medical expenses
- In-home care and therapy services
- Special education costs
- Loss of future earnings
- Pain and suffering (for both the child and family)
- Emotional distress and mental anguish
These cases are often high-value due to the lifelong impact of the injuries. That’s why experienced legal representation is essential.
How Medical Experts Support Birth Injury Cases
Birth injury claims almost always rely on medical experts who can testify about what went wrong. These professionals examine records and offer opinions on whether the care provided met the accepted medical standards.
In many states, an expert certification or affidavit is required early in the legal process to demonstrate the claim has merit. Your attorney will handle this as part of building the case.
Steps for Parents to Take After a Birth Injury With Suspected Negligence
If you suspect your child’s injury may have been caused by medical negligence, here’s what you can do:
- Request copies of all medical records from the hospital and providers.
- Take notes about your experience during labor and delivery—what you were told, what you observed.
- Get a second medical opinion, especially if the full cause of the injury hasn’t been explained.
- Speak with a qualified birth injury attorney who can review your case and guide you on next steps.
The earlier you act, the more time your legal team has to secure records, speak with witnesses, and preserve evidence.
Call Brandon J. Broderick For Legal Help
At Brandon J. Broderick, Attorney at Law, we understand the heartbreak and uncertainty families face after a birth injury. Our team works with compassion, urgency, and skill to investigate what went wrong—and hold negligent providers accountable.
We partner with leading medical experts and build a case that reflects your child’s needs now and in the future. If you believe medical negligence played a role in your child’s injury, contact us today for a free consultation