# Legal Herald: Birth Injury

> How birth injury claims work: HIE, cerebral palsy, Erb's palsy and kernicterus, proving malpractice, deadlines for children, and state birth injury programs.

Website: https://birth-injury.legalherald.com/
Part of: [Legal Herald](https://legalherald.com/llms.txt)
Last Updated: 2026-11-06

## Guide
- [Birth Injury Lawsuits: Medical Errors, Deadlines and Programs](https://birth-injury.legalherald.com/) (reviewed by Laurence Banville, Esq.)

## FAQ

### How long do I have to file a birth injury lawsuit?
It depends on the state. Many states give children extra time, but medical malpractice laws often limit that extension. New York, for example, caps the extension for a child's malpractice claim at 10 years, and Texas gives children injured before age 12 until their 14th birthday. Parents' own claims can have shorter deadlines, so check early with a lawyer licensed in your state.

### Is cerebral palsy always caused by a medical mistake?
No. Cerebral palsy has many causes, including genetic factors, infections and problems during pregnancy that no one could have prevented. A malpractice claim exists only when a provider's care fell below the accepted standard and that failure caused or worsened the brain injury. Medical experts review the records to answer that question.

### What is the difference between a birth injury and a birth defect?
A birth defect is a condition that develops during pregnancy, often from genetic or developmental causes. A birth injury is harm that happens during labor, delivery or shortly after, such as oxygen deprivation or nerve damage. Only harm caused by substandard care supports a malpractice claim, although some prenatal testing failures can lead to other claims.

### Can I sue if my baby was delivered at a community health center?
Possibly, but the process may be different. Doctors and staff at federally funded health centers deemed under the Federal Tort Claims Act are treated as federal employees for malpractice purposes. Claims go against the United States and must begin with a written administrative claim filed within two years.

### How much are birth injury settlements worth?
There is no typical figure. Serious birth injuries can require lifelong care, so damages often rest on a life care plan estimating decades of medical, therapy and support costs. Some states cap certain damages in malpractice cases, and any settlement for a child usually needs court approval.

## Latest releases
_Press releases are sponsored content issued by the organizations named._
- [Birth Injury Advocates Updates HIE Birth Injury Attorney Resource](https://legalherald.com/news/2026/10/14/birth-injury-advocates-updates-hie-birth-injury-attorney-resource/): Birth Injury Advocates, New York, NY
- [Birth Injury Advocate Announces Multi-State Legal Alliance](https://legalherald.com/news/2026/10/02/birth-injury-advocate-announces-multi-state-legal-alliance/): Birth Injury Advocates, New York, NY

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