What’s involved in a birth injury lawsuit? Your big FAQs

Few experiences are more overwhelming than learning that your baby has suffered an injury during pregnancy, birth or the early newborn period.

Alongside the immediate medical concerns, many families find themselves navigating a maze of appointments, therapies, paperwork and uncertainty about the future. Some are also left wondering whether the injury could have been prevented and whether they should seek legal advice.

If you’re beginning the process of raising a birth injury lawsuit, you’re far from alone (and we are so sorry). In fact, related searches in the US total more than 224,000 every month, with parents looking for answers about birth injury negligence, medical malpractice and long-term support.

This also means that the community around the issue is strong, and active. And, while every family’s situation is different, understanding the basics can help you feel more informed about your next steps.

What is a birth injury?

A birth injury is harm sustained by a baby or mother before, during or shortly after delivery. Some injuries are minor and resolve quickly, while others may have lifelong implications.

Birth injuries can include fractures, nerve damage, oxygen-related brain injuries and conditions such as a brachial plexus injury in a newborn, which affects the network of nerves controlling the shoulder, arm and hand.

Importantly, not all birth injuries result from negligence. Some occur despite appropriate medical care. A birth injury lawsuit generally centres on whether healthcare providers failed to meet the accepted standard of care and whether that failure contributed to the injury.

The top questions from our community

When we asked the TRB community (Inta, TikTok and everyone in-between) what they most wanted to know about birth injuries and potential legal claims, the same questions came up again and again. Here’s the high level, to help you get started. 

Is cerebral palsy a birth injury?

This was a really common query, and the answer is sometimes, but not always.

Cerebral palsy is caused by damage to the developing brain. That damage can occur before birth, during labor and delivery or shortly after birth.

Some cases are linked to unavoidable circumstances, while others may be associated with complications such as oxygen deprivation during labor. Whether cerebral palsy is considered a birth injury in a legal sense depends on the specific medical circumstances and whether there is evidence that different care could have prevented or reduced the injury.

What causes a brain haemorrhage in newborns?

A brain haemorrhage, or bleeding in the brain, can occur for several reasons, including:

• Premature birth
• Birth trauma
• Lack of oxygen
• Blood clotting disorders
• Complicated deliveries

Not every newborn brain haemorrhage is preventable. However, where concerns arise about delayed treatment, missed warning signs or inappropriate management during labor, families may seek specialist medical and legal reviews to better understand what happened.

What is the most common birth injury?

The most common birth injuries are typically minor and temporary, such as bruising, swelling or small fractures sustained during delivery.

More serious injuries, including brachial plexus injuries, oxygen-related brain injuries and neurological damage, are less common but can have a significant impact on a child’s development and future care needs.

For the person giving birth, the most common injury is a perineal or vaginal tear, followed by pelvic floor dysfunction. Other serious structural and internal injuries also make up the numbers, but are less common.

Can you be born paralyzed?

Yes.

Paralysis at birth can occur as a result of spinal cord injuries, severe nerve damage, brain injuries or certain congenital conditions. The extent of paralysis varies considerably depending on the cause and severity of the injury.

For families facing this diagnosis, early intervention, specialist care and ongoing therapies can make a meaningful difference to a child’s quality of life and independence.

How much compensation can you receive for a birth injury?

There is no set amount.

Compensation in a birth injury malpractice claim depends on a wide range of factors, including:

• The severity of the injury
• Current and future medical expenses
• Therapy and rehabilitation costs
• Specialist equipment needs
• Home adaptations
• Future care requirements
• Lost earning potential

Cases involving lifelong conditions can result in substantial settlements because they are intended to provide support throughout a child’s lifetime.

When should you seek legal advice?

If you have concerns about the care received during pregnancy, labor, delivery or the immediate postnatal period, it may be worth speaking with a lawyer who specializes in birth injury claims.

A specialist can review medical records, obtain independent expert opinions and explain whether there may be grounds for a claim. Seeking advice does not commit you to legal action, but it can help you better understand your options and any relevant time limits.

Support beyond the legal process

For many parents, the legal questions are only one part of the picture.The emotional and physical toll of caring for a child with additional medical needs can be immense.

For families affected by cerebral palsy, Cerebral Palsy Guide also provides educational resources, practical information and support to help parents navigate diagnosis, treatment options and long-term planning.

Whether you’re searching for answers about a possible birth injury negligence claim, looking for support after a diagnosis, or simply trying to make sense of what happened, know that you don’t have to navigate it alone. Trusted healthcare professionals, support organisations and specialist legal advisers can all help you understand your options and find the support your family needs.

On your reading list

• Postnatal depletion: Two kids in – and seven years on –  I’m only just getting a handle – here are my non-negotiables 
• Breastfeeding in the NICU (& preemie pumping) – keep this fact sheet
• The team at Cerebral Palsy Guide are a tap away