Birth Injuries
Birth injury malpractice occurs when negligent medical care during pregnancy, labor, or delivery causes harm to the mother or newborn. These cases often involve catastrophic, lifelong injuries such as cerebral palsy or brain damage resulting from oxygen deprivation. Birth injury claims are among the most high-value malpractice cases because they frequently involve permanent disabilities requiring a lifetime of medical care, therapy, and support.
Average Settlement Range
$1,000,000 - $5,000,000
Actual values depend on injury severity, state laws, and specific case circumstances.
Common Examples
- Failure to monitor fetal heart rate and respond to signs of fetal distress
- Delayed or improperly performed emergency cesarean section
- Excessive use of force with vacuum extractors or forceps during delivery
- Failure to diagnose and treat maternal infections during pregnancy
- Improper administration of labor-inducing drugs such as Pitocin
- Failure to identify and manage umbilical cord complications
- Missed diagnosis of gestational diabetes or preeclampsia
Key Facts
- 1Cerebral palsy caused by birth asphyxia is one of the most frequently litigated and highest-value medical malpractice claims in the United States
- 2Fetal monitoring strips are among the most important pieces of evidence in birth injury cases, as they document the baby's heart rate and the timing of medical interventions
- 3Birth injury cases often involve life care plans prepared by specialists that project the total cost of care over the child's expected lifetime, which can exceed tens of millions of dollars
- 4Many states have extended statutes of limitations for birth injury claims, allowing minors to file suit until several years after they reach the age of majority
- 5Both the obstetrician and the hospital can be held liable, particularly when hospital staffing levels or policies contributed to delayed intervention
- 6Expert neonatologists and maternal-fetal medicine specialists are typically required to testify about the standard of care during labor and delivery
Think You Have a Birth Injuries Case?
If you believe you or a loved one was harmed by birth injuries, it is important to understand your state's laws and act within the statute of limitations.