Securing Compensation and Justice for Birth Injuries

According to CDC data, 6 out of every 1,000 infants born in the US endure serious birth injuries, such as developmental disorders, fractured bones, and neurological issues. Expert birth injury attorneys at The Alvarez Law Firm in Minnesota have successfully fought numerous birth complications and injury lawsuits over the years across the United States. Our dedicated birth injury lawyers have the experience, knowledge, and resources to resolve your case positively.

Examples of Serious Birth Injuries

  • Cerebral Palsy: Caused by brain damage due to lack of oxygen during birth, leading to lifelong motor function impairment and developmental challenges.
  • Erb's Palsy: This condition results from brachial plexus injuries during delivery and can cause partial or complete arm paralysis.
  • Fractured Bones: Broken bones, especially clavicles, can occur during difficult deliveries, causing significant pain and requiring extensive treatment.
  • Hypoxic-Ischemic Encephalopathy (HIE): A severe brain injury caused by oxygen deprivation, leading to cognitive and developmental disabilities.
  • Intracranial Hemorrhage: Bleeding within the skull due to trauma during delivery can result in brain damage and long-term neurological issues.
  • Shoulder Dystocia: When the baby's shoulder gets stuck behind the mother's pelvic bone during delivery, it can cause nerve damage and other complications.
  • Spinal Cord Injuries: Trauma to the spinal cord during birth can lead to partial or complete paralysis, significantly impacting the child’s quality of life.
  • Facial Nerve Injuries: Pressure on the baby's face during delivery can damage facial nerves, causing temporary or permanent paralysis of facial muscles.
  • Meconium Aspiration Syndrome (MAS): When a newborn inhales a mixture of meconium (the first stool) and amniotic fluid, it can cause severe respiratory distress and require intensive medical treatment.
  • Kernicterus: A rare type of brain damage that occurs in newborns with severe jaundice, leading to neurological and developmental issues.
Banner media

What Are Some Common Causes of Minnesota Birth Injuries that Count as Medical Malpractice?

Medical negligence, or malpractice, happens when a healthcare provider, such as a doctor, professional, hospital, or facility, fails to provide care that meets accepted medical standards, resulting in a patient's injury, illness, or deterioration.

Birth injuries may be considered medical malpractice, depending on the cause. Here are some examples of injuries that are more likely to qualify for a successful lawsuit against negligent medical providers in Minnesota:

  • Improper Use of Forceps or Vacuum Extractors: Excessive force or incorrect usage leading to physical trauma.
  • Delayed or Failed C-Section: Not performing a timely cesarean section in critical situations.
    Mismanagement of Labor and Delivery: Inadequate monitoring or response to fetal distress.
  • Medication Errors: Incorrect dosage or inappropriate medication administration during labor.
  • Failure to Diagnose or Treat Infections: Ignoring or improperly managing maternal or fetal infections.
  • Improper Prenatal Care: Neglecting to identify or manage high-risk pregnancies.
  • Inadequate Monitoring of Maternal and Fetal Health: Failing to track vital signs or respond to abnormalities.
  • Delayed Birth: Allowing labor to progress for too long without intervention.
  • Failure to Detect Umbilical Cord Problems: Not identifying or managing issues such as a prolapsed or wrapped cord.
  • Improper Handling of Neonatal Resuscitation: Delayed or incorrect procedures during infant resuscitation efforts.

How Do I Prove Medical Malpractice in a Birth Injury Lawsuit?

Proving medical malpractice in a birth injury lawsuit requires strong evidence that healthcare providers did not meet the expected standard of care in similar situations:

  • The first step is to establish a doctor-patient relationship between the provider and the patient
  • Then, the legal team must demonstrate the accepted standard of care in the specific situation, using expert testimony from qualified medical professionals
  • The claim must show that the healthcare provider did not meet the standard of care, proven through medical records, witness testimony, expert opinions, and other evidence
  • It's essential to establish a direct connection between the provider's failure to meet the standard of care and the birth injury, supported by medical evidence
  • Thorough documentation of the resulting damages, such as medical records, treatment costs, ongoing care needs, lost wages, and emotional suffering, is also necessary

It is essential to distinguish between negligence and natural complications during childbirth. Not all birth injuries are due to medical malpractice; some may happen even with proper medical care. Your legal team will aim to prove that the injury resulted from negligence, not just a natural complication. Reviewing hospital policies and protocols and the provider's adherence to these guidelines can also assist in establishing medical malpractice.

Banner media

How Do I File a Birth Injury Claim in Minnesota?

Consult with a Birth Injury Attorney

Seek legal advice from a lawyer specializing in birth injury and medical malpractice cases. An experienced attorney can help you understand your rights, evaluate the strength of your case, and guide you through the legal process.

Collect Medical Records and Evidence

Gather all relevant medical records, including prenatal care, labor and delivery, and postnatal treatment. Collect evidence documenting the injury and its impact on your child and family.

Determine the Statute of Limitations

Be aware of Minnesota’s statute of limitations for medical malpractice claims. In Minnesota, you generally have four years from the date of the injury to file a claim. However, specific circumstances and exceptions might affect this timeline, so consult your attorney for precise guidance.

File a Notice of Claim

Some jurisdictions may require you to file a notice of claim before initiating a lawsuit. Check with your attorney to see if this step is necessary in your case.

Conduct a Thorough Investigation

Your attorney will conduct a detailed investigation to establish the facts of the case, including reviewing medical records, consulting with medical experts, and gathering witness statements.

Obtain Expert Medical Testimony

Secure expert testimony from medical professionals who can attest that the healthcare provider breached the standard of care and that this breach caused the birth injury.

Draft and File the Complaint

Your attorney will draft a formal complaint outlining the details of your claim, including the allegations of negligence, the evidence supporting your claim, and the damages sought. The complaint is then filed with the appropriate court.

Serve the Defendant

After filing the complaint, you must serve the defendant (the healthcare provider or institution) with legal notice of the lawsuit. This is typically done through a process server or other legal means.

Engage in Discovery

Both parties will engage in the discovery process, exchanging information, documents, and evidence relevant to the case. This may include depositions, interrogatories, and requests for document production.

Negotiate a Settlement or Go to Trial

Many birth injury claims are settled out of court through negotiation or mediation. If a settlement cannot be reached, your case will proceed to trial, where your attorney will present the evidence and argue your case before a judge or jury.

Who Can Be Held Responsible for a Newborn Birth Injury?


The primary doctors responsible for managing pregnancy, labor, and delivery. They can be held accountable for negligence or errors in judgment during prenatal care, labor, or delivery.


Nurses involved in prenatal care, labor, and delivery can be held liable if they fail to monitor the mother and baby properly, administer medications correctly, or follow established medical protocols.


Certified nurse-midwives or direct-entry midwives providing care during pregnancy, labor, and delivery can be held responsible if their actions or omissions lead to birth injuries.


Anesthesiologists administering epidurals or other anesthesia during labor and delivery can be held accountable for errors that cause harm to the mother or baby.

Hospitals and Medical Facilities

The hospital or medical facility where the birth occurred can be held liable for failing to maintain a safe environment, inadequately training staff, or not having proper policies and procedures.

Medical Technicians

Medical technicians involved in the birth process, such as those operating fetal monitoring equipment, can be held responsible for errors or negligence.

Pharmaceutical Companies

In some cases, pharmaceutical companies can be held liable if a drug used during pregnancy or labor causes harm due to a defect or inadequate warning about risks.

Healthcare Organizations

Organizations overseeing healthcare providers, such as medical practices or clinics, can be held responsible for the actions of their employees or systemic issues contributing to birth injury.

Support Staff

Other support staff involved in the delivery process, such as lab technicians or ultrasound technicians, can be held liable if their negligence contributes to the injury.

Banner media

What Compensation Can I Get for a Birth Injury Lawsuit in Minnesota?

In a birth injury lawsuit in Minnesota, you may be entitled to various types of compensation, depending on the specifics of your case. The compensation can cover both economic and non-economic damages, including:

  • Past and Future Medical Costs: Compensation for medical bills related to the birth injury, including hospital stays, surgeries, medications, and ongoing medical care.
  • Therapies and Rehabilitation: Costs for physical therapy, occupational therapy, speech therapy, and other rehabilitation services.
  • In-Home Care: Expenses for in-home nursing care or assistance.
  • Specialized Equipment: Costs for medical devices, wheelchairs, and other specialized equipment needed for the child's care.
  • Parents' Lost Income: Compensation for the parents' lost income if they need to take time off work or reduce their working hours to care for the injured child.
  • Physical Pain: Compensation for the physical pain endured by the child.
  • Emotional Distress: Compensation for the emotional distress and suffering experienced by the child and parents due to the injury.
  • Child's Reduced Quality of Life: Compensation for the child's reduced ability to enjoy life due to the injury.
  • Impact on Family: Compensation for the adverse effects on the family's quality of life and relationships.
  • Special Education Needs: Costs for special education services, tutoring, and specialized schooling required due to the birth injury.
  • Accessibility Adjustments: Expenses for modifying the home to accommodate the child's needs, such as ramps, widened doorways, and specialized bathroom fixtures.
  • Punishment for Gross Negligence: In cases where the healthcare provider's conduct was incredibly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
  • Attorney's Fees: Compensation for the legal fees and court costs incurred in pursuing the lawsuit.

    Can I File a Wrongful Death Lawsuit for Birth Injuries in Minnesota?

    Yes, you can file a wrongful death lawsuit for birth injuries in Minnesota under certain circumstances. 

    Who Can Pursue a Wrongful Death Claim?

    If a birth injury leads to the death of a newborn, the parents or legal guardians may have the right to pursue a wrongful death claim. Here’s what you need to know:

    • Typically, the parents or legal guardians of the deceased infant have the right to file a wrongful death lawsuit
    • A personal representative of the deceased infant’s estate may also file the claim on behalf of the family
    • You must demonstrate that the negligence or wrongful actions of a healthcare provider, such as a doctor, nurse, midwife, or hospital staff caused the death
    • Prove that the healthcare provider failed to meet the accepted standard of care, and this failure directly resulted in the infant's death
    • In Minnesota, wrongful death claims must be filed within three years from the date of death and within six years of the act or omission that caused the death

    Types of Compensation

    Types of compensation in such claims include the following:

    • Reimbursement for medical bills incurred due to the birth injury
    • Coverage for the costs of the funeral and burial services
    • Compensation for the potential future earnings of the child had they survived
    • Damages for the emotional pain and suffering experienced by the parents due to the loss of their child
    • Compensation for the loss of the relationship and companionship that the parents would have had with their child
    Background media

    Find an Expert Minnesota Birth Injury Attorney to Defend Your Legal Interests

    Mistakes during pregnancy or childbirth can transform a joyous event into a devastating tragedy. The respected birth injury lawyers at The Alvarez Law Firm have assisted many families in securing rightful compensation from negligent healthcare providers in Minnesota and other states. "Integrity for justice" is more than just a slogan; it's our guiding principle in all our endeavors. Our firm offers strategic and compassionate legal representation to assist you in holding the healthcare provider accountable for your child's injuries. Contact us now to arrange a complimentary, confidential consultation with one of our experienced Minnesota medical malpractice attorneys.

    Let’s talk about your case.

    Schedule a Consultation
    Contact us media