Welcoming a child should be a moment of joy — not a lifetime worry about medical bills, mobility aids, or whether your child will ever walk or talk.
But when something goes wrong in the delivery process because of a delayed C-section, improper monitoring of the fetal or misuse of delivery tools, the emotional devastation is often compounded by financial stress and unresolved questions.
Many parents leave the hospital with the feeling that something isn't right, but they don't know where to turn or where to start. The medical team may remain silent, and the responsibility of caring for an injured newborn may feel overwhelming.
If that’s your reality, knowing your legal rights in a birth injury case is an important first step in getting answers, accountability, and ensuring your child’s future is taken care of.
The first and most important legal right is the right to investigate whether medical negligence caused your child’s condition.
Not every birth injury is the result of malpractice —but many are. You have the right to obtain your medical records and contact a legal team that partners with independent medical experts. These specialists can determine whether your child’s injury was preventable with proper care.
Common birth injuries that may lead to medical malpractice cases include cerebral palsy, HIE (hypoxic-ischemic encephalopathy), and shoulder dystocia.
Since these cases involve a complex mix of medical and legal issues, it is essential to consult with an experienced lawyer qualified in birth injury law. Such a professional analyzes the case for medical negligence, understands the medical records, and connects with the right experts to create a winning case.
If it is determined that someone is at fault, you have the right to be compensated for what you are currently going through and what this will cost in the future. This isn’t just about medical bills from the first hospital stay. Birth injuries often result in a lifetime of needs — specialized therapy, adaptive equipment, in-home care, educational accommodations and sometimes loss of income because a parent is needed as a full-time caregiver.
According to state malpractice legislation, compensation can include;
Past and future medical expenses
Pain and suffering
Loss of enjoyment of life
Cost of modifying or transporting your home
Loss of ability to earn (for child or parents)
It is crucial to record these costs and anticipate future ones. A good lawyer will often use life-care planners and economists to truly project financial impact.
Every state has a statute of limitations, which mandates the number of years in which you must file a claim after the injury occurs or after it’s discovered. This is the point where many families unintentionally lose their rights.
Some states provide a broader time frame for children, in acknowledgment that developmental delays or disabilities may not be identified at an early stage. But others have tight deadlines that may expire quickly, while families put off seeking legal help.
If you suspect a birth injury, don’t wait for a diagnosis — definitive or otherwise. The legal clock may already be ticking.
Furthermore, filing claims against public hospitals or doctors who work for the government may also have different rules. In both of these instances, the notice of intent to sue should typically be filed within a few months.
Birth injury cases are highly specialized and differ from general personal injury or malpractice claims. They often involve complex medical timelines, multiple providers, and emotionally charged outcomes. Therefore, you have the right to choose an attorney or team that has direct experience with birth injury litigation.
Look for firms that focus exclusively or primarily on birth injury law. Ask how many similar cases they’ve handled, what experts they work with, and whether they’ve taken cases to trial. The right legal partner should not only understand the law but also the medical and emotional landscape of birth injuries.
Many families hesitate to pursue legal action because they assume it's expensive. However, nearly all reputable birth injury attorneys work on a contingency fee basis. That means they only get paid if they win your case or secure a settlement. You don’t pay hourly fees, and the consultation is typically free.
This model exists to protect families from financial risk and to give every child—regardless of their parents' income—a fair chance at compensation. Some firms also cover upfront costs for experts, investigators, and court filings, which can otherwise be substantial.
This right ensures that justice isn’t limited to those with financial means. It’s about restoring dignity, access, and long-term security for your child.
No parent plans for a birth injury. And when it happens, the road ahead often feels unclear. But knowing your rights—your right to ask questions, to seek expert advice, to file a claim within deadlines, and to fight for your child’s future—can shift the balance back in your favor.
A legal claim won’t reverse the injury. But it can bring peace of mind, accountability, and the financial support your child may need for life. If you suspect something went wrong during your child’s birth, don’t push that instinct aside. The law gives you tools—use them.
