Birth Injury Lawyers

Every year, an average of 25,600 children across the United States suffer a birth injury—nearly three children an hour. Many birth injuries are avoidable but happen because doctors make mistakes during a mother’s prenatal care, labor, and delivery. You may be entitled to compensation if your child has suffered a birth injury. The experienced birth injury lawyers at Meirowitz & Wasserberg, LLP, can help you fight for the maximum financial award your family deserves.

Since 2015, Meirowitz & Wasserberg has been a trusted source of strength and support for families nationwide. As leaders in medical malpractice and birth injury litigation, our award-winning trial attorneys have helped clients win over $300 million in settlements and jury awards.

Make the most of your birth injury claim by putting our highly respected legal team in your corner. We offer a free consultation, so contact our law office to get started today.

What to Expect When You File a Birth Injury Lawsuit

When a birth injury results from medical negligence, you reserve the right to take legal action. By filing a birth injury lawsuit against the negligent health care provider and the hospital where the birth injury occurred, you can pursue compensation for your child’s medical treatment, disability, reduced quality of life, and other damages.

You can increase the odds of a successful result by knowing what to expect when you file a legal claim for damages.

You’ll want a trusted legal advocate standing beside you as you pursue compensation through a birth injury lawsuit. Schedule a free consultation with our legal team to discuss your case, learn about your rights, and discover the considerable benefits of having our award-winning team fighting for you.

Our attorneys will handle all aspects of your birth injury lawsuit, including the initial filing of charges. We will prepare a complaint based on your story and the preliminary evidence we’ve obtained to support your case. Then we will file that complaint with the local court and serve copies on the defendant. Once the complaint is filed and served, litigation ensues.

At Meirowitz & Wasserberg, we have considerable resources allowing us to take on the most powerful adversaries, including multi-million dollar hospitals and insurance companies. We’ll use those resources to thoroughly investigate the medical care and treatment the mother and child received before, during, and after delivery. 

Our team will do the following:

  • Depose members of your health care team
  • Subpoena medical records, charts, and provider notes
  • Obtain video footage and photographs
  • Consult expert witnesses to establish the appropriate standard of care for your case and identify specific errors or mistakes made by your provider
  • Review documents provided by the defendant during the discovery process
  • Research medical malpractice and birth injury case law that might apply to your situation

Our investigation will help to prepare us for upcoming settlement negotiations and a trial, if necessary.

Once our investigation is complete, our birth injury attorneys will schedule a settlement conference with the negligent doctor, hospital, insurance company, and any other parties involved in your case. We will present the circumstances of your case, demonstrating that the doctor’s care failed to satisfy accepted standards within the medical community.

In proving the doctor’s negligence, we will demand that your child is properly compensated for their damages—including medical bills, future lost wages, disfigurement, and emotional distress.

We will bring you any settlement offers extended by the defendant. Our team will answer your questions and offer insight into the potential pros and cons of accepting or rejecting a deal. If you’re not happy with the settlement offers you receive, or if we believe we can do better at trial, our highly-regarded litigators won’t hesitate to bring your birth injury lawsuit to a jury.

If a settlement can’t be reached, our birth injury attorneys will be ready to represent you at trial. At trial, both sides will tell their side of the story, offer evidence, and introduce witnesses. 

Our medical malpractice attorneys have successfully litigated thousands of cases at trial. We are skilled litigators who know how to construct a compelling legal claim and, most importantly, connect with a jury and explain complex medical and legal concepts. 

Your case can be settled at any point during the trial phase, even until the jury returns with a verdict. 

Birth Injury Related Pages

Birth Injury Related Pages

New Jersey



New York

Why You’ll Want Meirowitz & Wasserberg Fighting For You After Your Child Has Suffered a Birth Injury

Like other types of medical malpractice lawsuits, birth injury cases can be complicated. Simple missteps or mistakes can be costly. The good news is that you do not have to navigate a birth injury lawsuit alone.

Hiring an attorney not only significantly increases the odds of a victory but also sets you up for a much higher financial award.

Your choice of attorney matters.

Here’s why families whose lives have been turned upside-down by a devastating birth injury have continually entrusted Meirowitz & Wasserberg with their cases:

  • Our top-rated personal injury lawyers have a combined 40+ years of experience handling complex birth injury cases.
  • We have strong relationships with top medical experts and specialists nationwide and regularly rely on their insight as we investigate, analyze, and build birth injury claims.
  • With over $300 million recovered, our case results demonstrate our commitment to our clients and our passion for our work.
  • There’s absolutely no cost to hire our birth injury attorneys unless we help your family secure a settlement or win for you at trial.
  • Our clients are never just another name on a case file—we’re committed to providing personalized communication and support throughout the legal process.
  • We offer a free initial case evaluation to learn your options and the considerable benefits of having our award-winning trial attorneys fight for you.

We’re nationally recognized litigators who genuinely care about making a difference in the lives of each person we represent. We’re a large law firm that can still offer the individualized and attentive representation that our clients deserve. 

When you choose Meirowitz & Wasserberg, you get the best of both worlds.

A lot is riding on your child’s birth injury lawsuit. Let our legal team help you fight to secure the maximum financial award you deserve.

Common Causes of Birth Injuries

A birth injury is any injury a child sustains before, during, or after birth. Some birth injuries are unavoidable, but many result from negligent medical care.

Some of the most common causes of birth injuries include the following:

  • Failure to monitor a mother or child during labor
  • Failure to detect fetal stress
  • Failure to diagnose a serious medical condition in the mother or child
  • Improper use of labor-supportive medications, including Pitocin and epidurals
  • Prolonged labor
  • Delayed birth
  • Failure to order a timely C-Section
  • Failure to identify an infection
  • Misuse of medical equipment, including vacuums or forceps
  • Oxygen deprivation
  • Pulling, twisting, or applying too much pressure on the child during delivery

OBGYNs can make such mistakes when they are fatigued, are overworked due to understaffing, ignore a mother’s complaints or concerns, or lack the necessary experience to provide an appropriate level of care. 

Representing Clients in All Types of Birth Injury Cases

Depending on the mistakes made by their health care provider, children can suffer a wide range of injuries at birth.

At Meirowitz & Wasserberg, our award-winning team of medical malpractice lawyers has 40+ years of experience representing families in birth injury cases involving:

  • Cerebral palsy
  • Brachial palsy
  • Caput succedaneum
  • Cephalohematoma
  • Subconjunctival hemorrhage
  • Facial paralysis
  • Broken bones and fractures
  • Spinal cord injury
  • Traumatic brain injury
  • Hypoxic-Ischemic Encephalopathy
  • Erb’s Palsy
  • Kernicterus
  • Intrauterine fetal demise
  • Maternal death

Experience matters in these types of cases where medicine and law intersect. Our birth injury attorneys have a proven ability to help families take on negligent health care professionals and powerful hospitals and win big results. We’re ready to help you fight for the best outcome in your birth injury case.

birth injury lawyers

Call the Birth Injury Lawyers at Meirowitz & Wasserberg For Help Today

Your child’s birth turned from a dream into a nightmare because of a health care provider’s mistakes. Their injuries may very well affect them for the rest of their life. The negligent health care provider must be held accountable. Meirowitz & Wasserberg can help.

Our birth injury attorneys have decades of experience handling complex birth injury disputes like yours. We’ve successfully recovered over $300 million in settlements and jury awards through hard work and an unparalleled commitment to our clients.

Now we’re here to fight for you. We have several offices conveniently located across the country – including New York City, the Bronx, Philadelphia, Fort Lauderdale, and New Jersey. Call our highly respected legal team to set up a time to discuss the details of your child’s birth injury case today. We’re always here to help—24/7/365.

Birth Injury FAQs

You trusted your Obstetrician and team of health care providers to guide you through a healthy pregnancy and, ultimately, the safe birth of your child. However, your doctor made a mistake, causing a serious birth injury or devastating death.

You know you have the right to file a lawsuit, but you have so many questions running through your mind. Meirowitz & Wasserberg has the answers you need.

You should contact a birth injury attorney as soon as possible after your child’s birth. Getting an attorney involved right away can be incredibly helpful down the line. 

Your lawyer will analyze your story, explain your legal options, and assess the potential strength of your case. Your attorney will also be able to conduct a prompt investigation into your child’s birth injury case and preserve critical evidence.

Since this is an incredibly stressful time, you can devote your focus to your child and their health, knowing that your legal claim is in the best possible hands.

When you file a birth injury lawsuit, you can pursue compensatory damages, including money to offset verifiable financial costs, known as economic damages, and money to help your child cope with the trauma and life changes they experience, known as non-economic damages.

Our birth injury attorneys will help you seek money for the following:

  • Current and future medical bills
  • Physical therapy, occupational therapy, speech therapy, and other types of rehabilitation
  • Nursing care and assistance
  • Medical devices and equipment
  • Disability
  • Future lost earnings
  • Out-of-pocket expenses
  • Pain and suffering
  • Chronic physical pain
  • Disfigurement and scarring
  • Reduced quality of life
  • Emotional distress

Punitive damages might also be available, but typically only in cases with convincing evidence that a doctor’s conduct was grossly negligent or intentional.

Depending on where you live, you’ll typically have between one and ten years to file a birth injury lawsuit on your child’s behalf. The statutes of limitation setting those deadlines vary from state to state. For instance, in New York, lawsuits on behalf of a child injured at birth must be filed within 10 years of the negligent act. 

It’s important to file your birth injury lawsuit before the applicable statute of limitations expires. Once time runs out, so does your opportunity to recover the compensation you need and deserve.

Medical malpractice refers to a health care provider’s failure to provide care that meets accepted standards within the medical community.

Typically, a doctor must exercise the level of care, knowledge, and skill of another doctor of the same specialty. 

So, whether or not a doctor commits malpractice is often subjective. Birth injury attorneys determine if a doctor was negligent by consulting independent medical professionals with insight and experience in pregnancy, obstetrics, and pediatrics. These independent medical experts review the circumstances of the case and determine if the provider’s care fell short of reasonable expectations.

These preliminary conversations with medical experts tend to form the basis for birth injury lawsuits. In fact, many states require a pre-suit affidavit from a medical professional before a birth injury case can proceed.

Birth injuries are generally a matter of negligence. So, to win your birth injury case, you’ll need evidence demonstrating that the health care provider or other parties were negligent. 

Helpful evidence in a birth injury case can include the following:

  • Provider notes
  • Internal communications between members of the medical team
  • Medical charts and records
  • Video footage
  • Eyewitness testimony
  • Expert testimony
  • Provider employment records
  • Hospital policies and procedures
  • Staffing records

Your attorney will conduct an extensive investigation into your birth injury case and work to obtain any pieces of evidence that might support a legal claim for damages.

Most personal injury lawsuits—including those involving birth injuries—don’t go to trial. In fact, all but 5 or 6 percent of birth injury cases settle. 

However, many factors can influence whether or not your specific birth injury case goes to trial:

  • Whether there are disputes over liability
  • The defendant’s willingness to admit fault and engage in meaningful settlement negotiations
  • Disagreements over damages and what the birth injury case is worth

Your choice of attorney can also affect the chances that your birth injury lawsuit goes to trial. When you hire an accomplished and respected litigator, the defendant will be less likely to risk taking your birth injury case to court. Having a successful trial attorney in your corner can help you accelerate meaningful settlement negotiations and help you secure a top-dollar result without the time, expense, and stress of a trial.

Some birth injury cases will settle in a matter of weeks. Others will take months or years to resolve. The amount of time it takes can depend on various factors, including the willingness of both parties to negotiate, disputes over liability, disagreements regarding the value of a child’s damages, and the strength of the evidence supporting the case. 

You’re going through an incredibly difficult time in your life. You deserve to work with a birth injury attorney who not only has experience handling complex cases like yours but who is also genuinely invested in helping your family.

The best way to find the right birth injury attorney is by taking advantage of free consultations offered by law firms near you.

During these free consultations, you can ask important questions regarding:

  • The attorney’s overall experience handling medical malpractice cases
  • The number of birth injury cases the attorney has personally handled
  • The attorney’s track record and specific case results
  • How many cases they handle at one time
  • Their policies for keeping clients informed and in the loop during the lawsuit process
  • Whether the attorney will personally handle your case or delegate it to another member of the firm

You’ll be able to get a sense of whether or not a birth injury lawyer is a good fit for you as they answer these questions. Ask yourself: Do you trust the attorney? Can you see yourself confiding in them? Do they sincerely seem concerned about your situation and have your best interests at heart?

Ultimately, it’s important to trust your gut. Call Meirowitz & Wasserberg today to set up a time for a free, no-obligation case evaluation with our top-rated legal team.


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