Who qualifies

Can a hospital be at fault for a birth injury?

A bad birth outcome does not alone prove hospital fault. A lawyer must check who provided the care, what fell short and whether it caused harm under the applicable law.

See If You Qualify

Free · No obligation · About 2 minutes

Updated Oct 4, 202615 sources

This may apply to you if

  • Prepare the birth, care and diagnosis dates you know; mark uncertain details.
  • Ask for a review of the care standard, possible harm and evidence linking the two.
  • Ask a lawyer to check the actual claim, legal authority and filing requirements.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

Centers for Disease Control and Prevention · National Center on Birth Defects and Developmental Disabilities · Publisher of the cerebral palsy risk-factor guidance

Finding: Cerebral palsy can reflect abnormal brain development or damage before, during or after birth; its cause is often not fully known.

CDC: cerebral palsy risk factors (opens in a new tab) · Feb 26, 2026 · Checked Oct 3, 2026

The short answer

Who may qualify for a hospital-care claim review?
Ask who provided the care and what each person or organization did. The California court guide requires deficient care and injury caused by it. Your law may differ. [7]
What does not qualify on a bad outcome alone?
No. Brain conditions can have several causes, including events before birth. Some causes are not known. Ask for a review of the full history. [1]
What if our hospital-care history is unusual?
Describe the care history and any gaps. Keep the birth and transfer records you hold. Ask a lawyer which roles and other records need a check. [10]
What records help a hospital-care review?
Ask which records and forms you need for the child. A parent or helper needs legal authority. Access has exceptions. [12]

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

The criteria attorneys check

  1. 01

    Prepare the birth, care and diagnosis dates you know; mark uncertain details.

  2. 02

    Ask for a review of the care standard, possible harm and evidence linking the two.

  3. 03

    Ask a lawyer to check the actual claim, legal authority and filing requirements.

Who may qualify for a hospital-care claim review?

Ask who provided the care and what each person or organization did. The California court guide requires deficient care and injury caused by it. Your law may differ.

Describe the event and the care concern without assume-and-blame shortcuts. A hospital’s name on paperwork does not by itself establish every legal responsibility. The actual roles and applicable rules need assessment.

What does not qualify on a bad outcome alone?

No. Brain conditions can have several causes, including events before birth. Some causes are not known. Ask for a review of the full history.

CDC’s risk guidance explains why a diagnosis is not a fault finding. Do not treat all developmental harm as preventable or replace the record with an assumption about the delivery team.

What if our hospital-care history is unusual?

Describe the care history and any gaps. Keep the birth and transfer records you hold. Ask a lawyer which roles and other records need a check.

Organize your concerns by event and date rather than assign responsibility from a single heading. Ask a lawyer which additional records or expert review would be useful. Access rights have exceptions.

What records help a hospital-care review?

Ask which records and forms you need for the child. A parent or helper needs legal authority. Access has exceptions.

The federal rule includes exceptions and relies on applicable authority. Keep the child’s request distinct from the delivering parent’s request, and do not assume a helper has permission to obtain both.

Is there a deadline while I seek answers?

Ask a lawyer about the deadline, meaning the legal filing limit. Do not assume the hospital’s reply extends it. The claim and law matter.

The court time-limit guidance is general. It does not calculate a child’s or parent’s date or a special notice requirement. Tell the lawyer the location, event dates and any earlier legal papers.

What happens when I check a possible hospital claim?

Request written fee and expense terms. Ask who would handle the case and what the next step requires. Do not infer free services from a website.

The ABA model fee rule addresses expenses and how they may be deducted. It is not this provider’s contract or every state’s rule. Ask whether you may owe case expenses after a loss.

Find out where you stand.

The review is free and private. Asking for it doesn’t commit you to anything.

Register your interest

Sources

  1. CDC: cerebral palsy risk factorsCDC: cerebral palsy risk factors · regulator
  2. ACOG and AAP: The Apgar ScoreACOG and AAP: The Apgar Score
  3. Zanelli et al.: Therapeutic Hypothermia for Neonatal Hypoxic-Ischemic Encephalopathy: Clinical ReportZanelli et al.: Therapeutic Hypothermia for Neonatal Hypoxic-Ischemic Encephalopathy: Clinical Report · study
  4. Shankaran et al.: Whole-body hypothermia for neonates with hypoxic-ischemic encephalopathyShankaran et al.: Whole-body hypothermia for neonates with hypoxic-ischemic encephalopathy · study
  5. Faix et al.: Whole-Body Hypothermia for Neonatal Encephalopathy in Preterm Infants 33 to 35 Weeks’ Gestation: A Randomized Clinical TrialFaix et al.: Whole-Body Hypothermia for Neonatal Encephalopathy in Preterm Infants 33 to 35 Weeks’ Gestation: A Randomized Clinical Trial · study
  6. Laptook et al.: Effect of Therapeutic Hypothermia Initiated After 6 Hours of Age on Death or Disability Among Newborns With Hypoxic-Ischemic Encephalopathy: A Randomized Clinical TrialLaptook et al.: Effect of Therapeutic Hypothermia Initiated After 6 Hours of Age on Death or Disability Among Newborns With Hypoxic-Ischemic Encephalopathy: A Randomized Clinical Trial · study
  7. California Courts: rules when suing a healthcare providerCalifornia Courts: rules when suing a healthcare provider · court
  8. ABA Model Rule 1.5: feesABA Model Rule 1.5: fees
  9. Southern District of New York: filing time limitsSouthern District of New York: filing time limits · court
  10. HHS: Your Medical RecordsHHS: Your Medical Records · regulator
  11. NICHD: Neonatal Research NetworkNICHD: Neonatal Research Network · regulator
  12. 45 CFR164.502(g): personal representatives45 CFR164.502(g): personal representatives · regulator
  13. FDA Issues Class I Recalls of Datex-Ohmeda Infant Warmers Over Oxygen Delivery Defectapi.fda.gov · Jun 30, 2026 · regulator
  14. CPSC Recalls VEVOR Baby Loungers and AMASKY Nursing Pillows Over Infant Injury and Death Riskscpsc.gov · Jul 2, 2026 · regulator
  15. FDA Issues Class I Recall for Abiomed Impella CP Set Over Blood Clot Riskapi.fda.gov · Jul 6, 2026 · regulator

Checked against 15 primary sources by People's Justice editors · Updated

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