Can You Sue a Doctor for a Birth Injury? What the Law Generally Says
What the Law Generally Says — and What Parents Should Know Before Making Any Decisions
A birth injury can raise serious questions about what happened, who is responsible, and whether legal options exist. In some cases, families may have grounds to file a medical malpractice claim against a doctor, hospital, or other healthcare provider. Whether that applies depends on specific facts and applicable state law. This article explains the general legal framework around birth injury claims, what elements are typically involved, and what you should understand before speaking with an attorney.
What a Birth Injury Lawsuit Actually Is
A birth injury lawsuit is a type of legal claim filed when a family believes a healthcare provider’s failure to meet an accepted standard of care caused harm to a baby during pregnancy, labor, or delivery. These claims fall under medical malpractice law, which holds healthcare providers to specific professional standards.
Not every birth injury leads to a lawsuit. And not every lawsuit succeeds. The legal outcome depends on the facts of the specific case, the applicable state laws, and what evidence is available.
If you are trying to understand what birth injuries are and which ones occur most often, our article on what is the most common birth injury provides a helpful foundation before reading this one.
What Medical Malpractice Means in This Context
Medical malpractice occurs when a healthcare provider fails to deliver the level of care that a reasonably skilled provider would have delivered under the same or similar circumstances. This standard is known as the standard of care.
In birth injury cases, a failure to meet the standard of care might include things like not ordering a timely C-section, using delivery tools incorrectly, failing to detect and respond to fetal distress, or missing signs of a serious maternal condition. The question courts examine is not whether something went wrong — it is whether the provider acted as a comparably trained professional would have acted.
It is worth noting that OB/GYNs and general surgeons are among the physician specialties most frequently named in malpractice claims, according to data published by the American Medical Association. This reflects the inherently high-stakes nature of childbirth, not a presumption of wrongdoing.
The Four Elements of a Birth Injury Malpractice Claim
For a birth injury malpractice claim to move forward, it generally must establish four elements. Courts in most U.S. states require all four to be present.
1. Duty of Care A healthcare provider must have had a professional relationship with the patient — in this case, the mother and baby. When a doctor takes on a patient, a legal duty of care is established.
2. Breach of Duty The provider must have failed to meet the accepted standard of care. This is typically established using expert medical testimony, which compares what the provider did to what a similarly trained provider would have done.
3. Causation The breach must have directly caused the birth injury. This is often one of the most complex parts of a birth injury case. A provider’s error alone is not enough — the error must be shown to have caused the specific harm the child experienced.
4. Damages The injury must have resulted in actual harm, such as medical expenses, long-term care costs, or pain and suffering. Without provable damages, a malpractice claim generally cannot proceed.
Who Can Be Named in a Birth Injury Claim
Birth injury claims are not limited to the delivering physician. Depending on the facts, other parties may also be involved. This can include nurses, anesthesiologists, midwives, and the hospital or medical facility itself.
Hospitals can be held responsible for the actions of their employees under a legal concept called vicarious liability. A facility may also face claims based on its own conduct, such as inadequate staffing, poor training practices, or failures in emergency response protocols.
Common Types of Birth Injuries That Appear in Legal Cases
Certain birth injuries appear more frequently in malpractice claims due to their connection to provider decisions made during labor and delivery.
Cerebral palsy is one of the most commonly litigated birth injuries, particularly when linked to oxygen deprivation during birth. Brachial plexus injuries (Erb’s palsy) are also frequently cited, especially when they are connected to excessive force used during delivery. Hypoxic-ischemic encephalopathy (HIE), which involves brain injury caused by lack of oxygen, is another condition that often appears in birth injury malpractice cases.
It is important to understand that the presence of any of these conditions does not by itself prove malpractice occurred. A qualified attorney and medical experts would need to review the specific circumstances.
The Statute of Limitations: Time Limits Matter
Every state sets a deadline for filing a medical malpractice claim. This is called the statute of limitations. For birth injury cases in the United States, these deadlines generally range from one to five years, depending on the state.
Some states offer extensions when the injury was not discovered right away, or because the injured person is a minor. In certain states, the clock may not begin running until the child reaches a certain age. These rules vary significantly by jurisdiction.
According to data from the U.S. Department of Health and Human Services, approximately 21% of all closed medical malpractice claims involve children under age 18 — a figure that underscores how frequently birth and pediatric injuries lead to legal proceedings. Missing a filing deadline generally means losing the legal right to pursue the claim at all.
What Damages May Be Available
In a successful birth injury malpractice case, courts may award different types of compensation, often called damages. These typically fall into two categories.
Economic damages cover measurable financial losses such as medical bills, future care costs, therapy expenses, and lost earning capacity if the child’s condition affects their ability to work as an adult. Non-economic damages cover less tangible harms such as pain and suffering, emotional distress, and loss of quality of life.
Some states cap the amount of non-economic damages that can be awarded in medical malpractice cases. These caps vary by state and can significantly affect the total amount recoverable.
Common Misunderstandings About Birth Injury Claims
A bad outcome does not automatically mean malpractice occurred. Childbirth involves real medical risk, and complications can arise even when every provider does everything correctly. The law does not hold doctors responsible for unavoidable complications.
Filing a claim is not the same as going to trial. Many medical malpractice cases are resolved through settlement negotiations before ever reaching a courtroom. Some are dismissed. Each case proceeds according to its own facts and legal posture.
You cannot determine on your own whether you have a valid claim. Birth injury cases require medical expert review and legal analysis specific to your state’s laws. General information — including this article — cannot tell you whether a claim exists in your situation.
What to Do If You Have Concerns
If you believe your child may have been harmed during labor or delivery, start by gathering and preserving all medical records related to the pregnancy, delivery, and your baby’s care after birth. Request copies of everything, including nursing notes, fetal monitoring strips, and discharge records.
Speak with your child’s healthcare providers to understand the medical picture as clearly as possible. If you still have unanswered questions about the care provided, consulting a qualified attorney who handles medical malpractice cases can help you understand what your options may be under the law of your state.
Frequently Asked Questions
Can you sue a doctor for a birth injury?
In some cases, yes. If a healthcare provider failed to meet the accepted standard of care and that failure directly caused your child’s injury, you may have grounds for a medical malpractice claim. Whether you do depends on the specific facts of your case and state law.
What is the standard of care in a birth injury case?
The standard of care refers to the level of care a reasonably skilled provider in the same specialty would have delivered under the same circumstances. In a malpractice claim, expert medical witnesses typically testify about whether the defendant met or fell below this standard.
How long do I have to file a birth injury lawsuit?
Deadlines vary by state and typically range from one to five years. Some states allow extensions when the injury was not immediately apparent or because the injured party is a minor. Speaking with an attorney as early as possible is the best way to protect your options.
What damages can be recovered in a birth injury case?
Damages may include medical expenses, future care costs, therapy, pain and suffering, and emotional distress. Some states limit the amount of non-economic damages that can be awarded in malpractice cases.
Do I need a lawyer for a birth injury claim?
Birth injury malpractice cases are legally and medically complex. While no law requires you to hire an attorney, these cases typically involve expert witnesses, extensive medical records review, and procedural requirements that make professional legal guidance important.
What is the difference between a birth injury and a birth defect in legal terms?
A birth injury results from events that occur during labor or delivery, often linked to how care was provided. A birth defect develops during pregnancy, typically due to genetic or environmental factors. Legally, they are treated very differently, as birth defects are generally not the result of provider conduct.
Can a hospital also be sued for a birth injury?
Yes, in some circumstances. Hospitals may be liable for the actions of their employees or for institutional failures such as inadequate staffing or training. Whether a hospital is a proper defendant depends on the specific facts and the legal theories available under state law.
What should I do first if I suspect a birth injury?
Gather and preserve all medical records related to the pregnancy and delivery. Talk to your child’s medical providers to understand what happened. If questions remain about the care received, consulting a qualified attorney can help you understand what the law may allow in your situation.
Last Updated: February 17, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and legal procedures vary by jurisdiction and may change over time. For advice regarding a specific situation, consult a qualified attorney or the appropriate authority.
About the Author
Sarah Klein, JD, is a former civil litigation attorney with over a decade of experience in contract disputes, small claims, and neighbor conflicts. At All About Lawyer, she writes clear, practical guides to help people understand their civil legal rights and confidently handle everyday legal issues.
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