10 Things to Know When Seeking a Birth Injury Lawsuit

Caring for a baby who was injured at birth can be extremely overwhelming, financially taxing, and emotionally draining. Who was at fault? What can I do now? Who should I call? We share 10 things you should know if your baby was injured at birth.

Having a baby is one of the most exciting times in a person’s life. But when that joy is clouded by an injury or complication that could have been avoided, your journey into parenthood will likely feel much different. Newborns injured at birth may face life-long consequences impacting their mobility, coordination, cognition, emotional wellbeing, and independence.

Sadly, many infants do not survive their birth injuries. According to the CDC, birth injuries were the fourth leading cause of infant death in 2022, followed by maternal pregnancy complications. Unfortunately, many birth injuries and infant deaths are 100% preventable and could have been avoided with proper care. That is where we come in: your birth injury lawyers ready to fight for the justice that you and your family deserve.

Parents or guardians have a limited amount of time to file a claim if their child was injured at birth. This amount of time depends on the state you live in, and can be very short. Below, we discuss 10 things you should know if you are considering pursing a birth injury lawsuit:

1. Caring for a child who was injured at birth can be both financially and emotionally taxing. It does not cost you a thing to have a consultation with one of our compassionate birth injury lawyers. Your claim evaluation is 100% confidential and free of charge.
2. As soon as you suspect your child may have been injured at birth, contact a lawyer immediately. Some signs are present right at birth, such as seizures, poor muscle tone, or low APGAR scores. Some symptoms of injury do not develop right away – like a delayed milestone such as rolling over.
3. Proper care during pregnancy is essential to monitor the health of both mother and baby. For instance, checking the position of the baby could help avoid serious complications during labor or delivery. Your doctor could be held responsible for the injury if they failed to identify the signs of challenging labor and delivery—such as the need for an emergency C-section.
4. You might be wondering: Who is responsible for my child’s injury? And how do I know? Why did this happen? Various medical professionals, doctors, nurses, anesthesiologists or hospitals could be to blame for your child’s injury if they failed to provide the proper standard of care. Talking to a lawyer who can review your medical records can help you determine who was at fault.
5. Racial disparities may also factor into your child’s injury, and can even lead to maternal death. These disparities are most prevalent among Black mothers.
6. Even shortly after birth, mothers and babies can be at risk for injury. According data from the Maternal Mortality Review Committees (MMRCs) and shared by the CDC, more than 80% of pregnancy-related deaths in the U.S. between 2017 and 2019 were preventable. Postpartum hemorrhage was a leading cause of death.
7. The use of forceps of vacuum during delivery may also cause injury to a newborn. Known as operative vaginal delivery, or mechanical delivery, these tools may cause fetal skull fractures, brachial plexus injuries, brain hemorrhaging, or other injuries if misused.
8. The costs associated with diagnosing, treating, and caring for a child with a severe birth injury can be insurmountable. Some children injured at birth may require 24/7 round-the-clock care for the rest of their lives. Compensation from a settlement can help offset those expenses. We seek life care plans for our families when negotiating settlements, to help them build a better future for their children.
9. We represent families nationwide who have been impacted by birth injuries. Based in Chicago, our team of dedicated attorneys take cases all across the country and are ready to speak with you at any time.
10. When you’re ready to seek legal help for your child’s birth injury, it is essential that you pick an experienced law firm to handle your claim. Grant & Eisenhofer is that firm. We have a specific team of birth injury attorneys who are focused on helping you seek the justice you deserve. Lisa Weinstein, leader of our birth injury litigation group, has played a significant role in more than 100 cases against hospitals and healthcare providers. Our cases have resulted in life-changing awards for families, totaling almost $400 million in verdicts and settlements. We provide the compassionate support you need, along with the expertise to help you navigate the complexities of your medical malpractice claims.

Schedule a Free Consultation With Our Birth Injury Lawyers

When child’s life is turned upside down before it even had a chance to begin, let us guide you through this difficult time. Call the birth injury attorneys at Grant & Eisenhofer today. We may be able to hold those accountable for the pain inflicted on your child’s life.