Not every complication at birth results from a medical mistake. A birth injury claim is a type of medical malpractice claim that requires showing a provider fell below accepted standards of care and caused harm.
What must be shown
- A provider-patient relationship.
- A deviation from the accepted standard of care.
- That the deviation caused the injury.
- Damages such as medical care, therapy and lifelong needs.
Why these cases are difficult
They typically need medical experts and detailed records. Many states require an expert certificate to file and cap some damages. Deadlines can be shorter than other claims but may be extended for minors or when injuries are discovered later, and rules vary by state.
Practical steps
- Request complete medical records for the mother and baby.
- Write a timeline of events and symptoms.
- Keep records of therapy, equipment and expenses.
- Check your state's deadlines promptly.
- Consult a lawyer who handles birth injury cases, many of whom give free consultations and work on contingency.
Support resources
Early intervention programs and disability services may help regardless of any legal claim. See our guide to medical malpractice basics.
Frequently asked questions
How long do I have to file?
It varies by state and often depends on the child's age and discovery of the injury.
Do all complications mean malpractice?
No. Some outcomes occur despite proper care.