Hospitals and healthcare providers know that birth injury claims can cost them millions of dollars in settlements or verdicts. That’s why they often fight these cases aggressively — sometimes denying responsibility, sometimes dragging families through long investigations.
For parents, the fight can feel overwhelming. But the truth is: families can win. With the right legal strategy, you can hold hospitals accountable and secure the resources your child needs for a lifetime of care.
This guide explains why hospitals fight birth injury claims, the strategies they use, and what families can do to overcome these obstacles.
Why Do Hospitals Fight Birth Injury Claims?
Protecting Reputation
Hospitals work hard to protect their public image. Admitting fault in a birth injury case can damage their standing in the community and lower patient trust.
Avoiding Financial Liability
A single birth injury verdict can exceed tens of millions of dollars. Hospitals fight claims to avoid these large payouts.
Defending Their Doctors and Staff
Medical professionals’ careers are on the line. Hospitals often back their providers to avoid admitting negligence.
Limiting Future Lawsuits
If hospitals concede one case, it may encourage other families to file similar claims.
Common Tactics Hospitals Use to Deny or Delay Claims
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Blaming natural complications rather than negligence
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Delaying records requests or “losing” evidence
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Using expert witnesses to downplay the severity of injuries
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Arguing pre-existing conditions caused the outcome, not malpractice
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Pressuring families into low settlements before the full cost of care is known
What Evidence Is Needed to Win a Birth Injury Claim?
To prove negligence, families need to show:
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A duty of care existed (the hospital was responsible for safe treatment).
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That duty was breached (medical mistakes occurred).
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The breach directly caused harm.
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The child and family suffered damages (medical bills, long-term care, emotional suffering).
Examples of Evidence
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Fetal monitoring strips
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Labor and delivery records
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Expert testimony from obstetricians and neonatologists
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Testimony from nurses and medical staff
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Diagnostic imaging (MRIs, CT scans)
What Is the Hardest Part of a Birth Injury Claim?
Often, it’s proving causation — that the hospital’s mistake directly caused the child’s injury. Hospitals will argue that complications were unavoidable. That’s why experienced medical malpractice lawyers are critical.
When Should You File a Birth Injury Lawsuit?
Every state has a statute of limitations. In California, parents generally have:
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Up to 3 years from the injury, or
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Until the child turns 8 in certain malpractice cases.
Delaying too long may forfeit your right to compensation.
Types of Compensation Families Can Recover
Economic Damages
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Past and future medical expenses
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Rehabilitation and therapy costs
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Specialized equipment (wheelchairs, communication devices)
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Lost earning capacity
Non-Economic Damages
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Pain and suffering
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Emotional distress
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Loss of quality of life
Punitive Damages
In rare cases, when hospitals act with gross negligence or cover up misconduct.
How Families Can Win Against Hospitals
Step 1: Get an Experienced Birth Injury Lawyer
Hospitals have powerful legal teams. You need a lawyer who has successfully handled complex birth injury litigation.
Step 2: Preserve Evidence Early
Your lawyer can send legal requests to prevent hospitals from destroying or altering medical records.
Step 3: Build a Team of Experts
Medical experts can review fetal monitoring strips, labor protocols, and neonatal care to identify negligence.
Step 4: Document Your Child’s Needs
From therapy appointments to home modifications, everything must be recorded to prove the full cost of lifelong care.
Step 5: Be Ready for Court — Even If Settlement Happens
Most cases settle, but being trial-ready ensures hospitals take your claim seriously.
FAQs About Birth Injury Claims
Can You Sue a Hospital for a Traumatic Birth?
Yes. If negligence by doctors, nurses, or staff caused preventable injuries, families can pursue legal action.
What Is the Most Common Birth Injury?
Common injuries include cerebral palsy, Erb’s palsy, hypoxic-ischemic encephalopathy (HIE), and brain damage due to oxygen deprivation.
How Much Compensation Can Families Receive?
It varies widely, from hundreds of thousands to tens of millions, depending on severity and lifetime care costs.
How Long Do Birth Injury Lawsuits Take?
Cases can take months to years. The complexity of medical records and expert testimony often extends timelines.
Is It Worth Suing a Hospital for a Birth Injury?
Yes — not only to secure your child’s future care but also to hold hospitals accountable and encourage safer practices.
Call Us Today – Protect Your Child’s Future
Your family deserves justice, and your child deserves care. Don’t let hospitals deny responsibility.
📞 Call TITOparaTI at 909.909.9090 or fill out our secure online form for a free, no-obligation consultation.
