According to the Centers for Disease Control and Prevention (CDC), there were 20,50 infant deaths in the United States in 2024. Some of these may have resulted from medical negligence. And, when a fatality or birth injury results from medical negligence, Alabama law allows families to seek compensation with the help of a Birmingham medical malpractice lawyer.
Filing a medical malpractice claim is complicated, especially after the birth of a child. A Birmingham medical malpractice lawyer helps you understand your legal options. Plus, Alabama may extend the filing deadline for cases with young children.
When a Birth Injury May Involve Medical Malpractice
Not every birth injury involves negligence. Some injuries happen despite excellent medical care. But certain situations may raise doubts about whether the standard of care was met. Our birth-related malpractice team helps families determine whether negligence may have played a role.
Birth Injuries vs. Birth Defects
Birth injuries occur during the birthing process and may result from negligence. Birth defects are conditions present before birth, often from genetics or in utero development. The two are distinct legal categories.
However, some birth injuries are obvious at delivery. Other injuries, especially cerebral palsy and developmental delays, may not be diagnosed for one to two years.
Signs That May Suggest Negligence
- Fetal distress that wasn’t promptly addressed
- A delayed C-section when complications arose
- Improper use of forceps or vacuum extractors
- Failure to monitor mother and baby during delivery
- Delayed response to umbilical cord problems
- Anesthesia errors
Common Birth Injuries Often Linked to Medical Malpractice
- Cerebral palsy
- Erb’s palsy and brachial plexus injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Skull fractures and head trauma
- Brain bleeds
- Shoulder dystocia injuries
Which Alabama Laws Apply to Birth Injury Cases
Alabama has specific laws that govern medical malpractice claims, including birth injury cases.
The Alabama Medical Liability Act
Birth injury cases fall under Alabama’s Medical Liability Act, or Ala. Code § 6-5-540 et seq. This act sets the procedural rules and standards for proving medical malpractice in Alabama.
The Standard of Care Requirement
Plaintiffs must prove that the healthcare provider failed to provide the standard of care. Expert testimony establishes this standard.
Expert Witness Rules
Under Ala. Code § 6-5-548, expert witnesses must be “similarly situated health care providers.” A general practitioner cannot testify about a specialist’s standard of care. Birth injury cases typically require testimony from obstetricians or maternal-fetal medicine specialists.
Also, Alabama is one of the few pure contributory negligence states. This fault rule rarely affects newborns directly. But it can affect claims involving the mother’s care. For the firm’s broader approach to medical malpractice cases, see our practice overview.
How Long Your Family May Have to File a Birth Injury Claim
Alabama’s medical malpractice deadlines have a special rule for minor children that often surprises families.
First, there is the general 2-year deadline. Under Ala. Code § 6-5-482, most medical malpractice lawsuits must be filed within two years of the act or omission. The clock generally runs from the date of the alleged negligence.
But, in Alabama, there is a discovery rule for late-discovered injuries. Could the injury not have been reasonably discovered within two years? Then your family may have 6 months from when the injury should have been discovered. However, a hard 4-year statute of repose generally applies for adult patients.
There is also a critical minor tolling provision. For children under 4 years old at the time of the negligent act, Alabama gives families until the child’s 8th birthday to file. This provision recognizes how many birth injuries aren’t diagnosed until the child is older.
Was your child under 4 years old when they received medical care? And do you believe that care caused the injury? You generally have until the child’s 8th birthday to file under Ala. Code § 6-5-482(b).
Even with extended deadlines, collecting evidence and identifying witnesses takes time. Our guide on when you should contact a birth injury lawyer explains more.
What You Should Do If You Suspect Medical Negligence
If you believe your child’s birth injury resulted from medical negligence, several steps protect your family’s rights.
- Get a second medical opinion. A specialist can offer insight on whether the care met professional standards.
- Gather all medical records from the hospital, treating providers, and specialists. Records include fetal heart rate monitoring strips, anesthesia records, and discharge summaries.
- Collect and keep all communications with the hospital, providers, or insurance companies. This may include voicemails, emails, and text messages.
Medical malpractice cases with birth injuries are very specific. One of the most important things you can do is to speak with a med mal lawyer in Birmingham, AL. For more on how legal teams support families, see how a birth injury law firm can help you.
Common Questions About Birmingham Birth Injury Cases
When should I hire a Birmingham medical malpractice lawyer for a birth injury?
You should hire a Birmingham medical malpractice lawyer as soon as possible. In many cases, Alabama’s minor tolling provision under Ala. Code § 6-5-482(b) gives families until the child’s 8th birthday to file. But collecting evidence, identifying experts, and building a case all take time.
What injuries are considered “birth injuries” in Alabama?
Birth injuries are physical injuries that occur during the birthing process. This is different from birth defects, which are conditions present before birth. Common birth injuries include cerebral palsy, skull fractures, brain bleeds, and shoulder dystocia injuries. But not every birth injury involves medical malpractice.
How long do I have to file a birth injury claim in Alabama?
Generally, you may have two years from the date of the negligent act, as set under Ala. Code § 6-5-482. For children under 4 years old at the time of the act, Alabama gives families until the child’s 8th birthday to file. Meet with an attorney to learn which deadlines may apply to you and your case.
What evidence do I need for a birth injury malpractice case?
The most important evidence includes complete medical records from labor, delivery, and postnatal care. Plus, Ala. Code § 6-5-548 requires expert witness testimony from a provider in a similar field.
How much does a medical malpractice attorney in Birmingham cost?
Most plaintiff-side law firms, including our team, work on a contingency fee basis. This means that you pay nothing at the beginning of your case. Instead, you only pay if we win a verdict or settlement for you. Plus, your first case review is always free.
Trust Our Birmingham Medical Malpractice Attorneys Today
Do you believe that your child suffered from medical negligence? The best thing you can do is to meet with an attorney. Alexander Shunnarah Trial Attorneys is the team you need on your side.
Alabama’s medical malpractice statutes, the minor tolling provision, and expert witness requirements affect birth injury cases. We’ve handled birth injury and other medical malpractice cases across Alabama. We’ve fought negligent providers, hospitals, and insurers for our clients.
Find our seven Alabama offices across the state. We have locations in Auburn, Birmingham, Gadsden, Huntsville, Mobile, Montgomery, and Prattville. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-06-08.
