Birth injury claim screener

Legal information only. Birth injury malpractice requires expert obstetric and neurological review to establish negligence. This tool screens potential claims only. See our full disclaimer.

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Birth injuries and medical negligence

Not all birth injuries are caused by negligence - some are unavoidable complications of delivery. But a significant portion of cerebral palsy, Erb's palsy, and hypoxic brain injuries result from preventable errors during labor and delivery management. Identifying whether negligence occurred requires an expert review of the fetal monitoring strips, delivery records, and nursing notes from the labor and delivery.

The highest-value birth injury cases involve permanent neurological injuries like cerebral palsy. These cases require lifetime care plans and produce damages in the millions - sometimes tens of millions - of dollars, covering lifetime medical care, therapy, educational support, lost future earnings, and pain and suffering. Because of these values, birth injury cases attract specialized plaintiff's attorneys with the resources to invest in expert-intensive litigation.

Common negligent acts in labor and delivery

Failure to perform a timely cesarean section when fetal distress is evident on monitoring strips is the most common negligent act. Other common errors include improper use of vacuum extractors or forceps causing skull fractures or nerve damage, failure to recognize and manage shoulder dystocia (causing Erb's palsy), failure to monitor and respond to prolonged labor, and medication errors during labor including oxytocin mismanagement.

Statute of limitations for birth injuries

Most states toll (pause) the statute of limitations for birth injury claims until the child reaches the age of majority (18). This means families may have until the child turns 20 or 21 to file - giving significant time to investigate. However, evidence like fetal monitoring strips and nursing notes deteriorates over time, and filing sooner is always better. Contact an attorney as soon as you suspect negligence.

Frequently asked questions

No. Cerebral palsy has many causes including genetic factors, prenatal infections, and premature birth. Only a portion is caused by preventable oxygen deprivation during labor and delivery. An expert neurologist and OB/GYN will review the delivery records to determine whether the CP was caused by a hypoxic event during delivery and whether that event was preventable with proper monitoring and intervention. Not every CP case is malpractice, but many are.

Electronic fetal monitoring (EFM) continuously records the baby's heart rate during labor. The strips show how the baby is tolerating labor and whether there are signs of fetal distress - specifically patterns called late decelerations and variable decelerations that indicate oxygen deprivation. In birth injury cases, the fetal monitoring strips are often the most critical evidence. They show whether the baby was in distress and whether the medical team responded appropriately. Your attorney will obtain these records immediately.

Erb's palsy is a paralysis or weakness of the arm caused by damage to the brachial plexus nerve network during delivery. It typically occurs during shoulder dystocia - when the baby's shoulder gets stuck behind the mother's pubic bone after the head delivers. The standard of care has specific maneuvers for resolving shoulder dystocia. When doctors apply excessive lateral traction to the baby's head rather than using proper maneuvers, the brachial plexus nerves can be stretched or torn. Erb's palsy from excessive traction is often preventable negligence.

Birth injury cases are complex and typically take 3 to 5 years from filing to resolution. They require extensive expert testimony from OB/GYNs, neurologists, life care planners, and economists. Most settle before trial, but some go to jury verdict. The lengthy timeline is why attorneys encourage early investigation - evidence is fresher, witnesses are easier to locate, and the child's full disability picture becomes clearer over time, supporting higher damages.

In most states yes, because the statute of limitations is tolled until the child reaches majority. However, some states have specific rules for birth injury claims that differ from general malpractice SOLs. A few states require notice to be given within a specific period even if the full claim isn't filed. Contact a birth injury attorney to confirm the applicable deadline in your state. Earlier is always better for evidence preservation.