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Wisconsin Birth Injury Lawyer

When a negligent health care provider injures a child during pregnancy or childbirth, the parents are entitled to pursue financial damages in a birth injury lawsuit in Wisconsin. A Wisconsin birth injury lawyer at Levin & Perconti can advise you of your rights, file your lawsuit, and fight for the maximum compensation available. Call us today at (312) 332-2872 to schedule a free case review.

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Children injured at birth often require extensive medical treatment, therapy, and specialized child care. Some are profoundly disabled for life. Having a disabled child in the home alters the family dynamics so that life seems to revolve around the disabilities. A parent may have to give up a career, and all family members may lose out on activities previously enjoyed.

If you have questions about how your baby was injured, our knowledgeable Wisconsin birth injury lawyers can investigate your child’s birth and determine whether medical malpractice caused or contributed to the condition. If so, we can help you hold the negligent providers accountable. Contact us now for a free consultation.

Wisconsin Infant Mortality Statistics

Some birth injuries are so severe they result in the child’s death. According to the Wisconsin Department of Health Services, 4.9 of every 1,000 births in 2021 were stillbirths, and the infant mortality rate was 5.3 per 1,000. These numbers are lower than the national averages.

The March of Dimes reports that the leading causes of death in infants are premature birth and low birth weight. The preterm birth rate in Wisconsin in 2022 was 10.3 percent, with the highest rate in Milwaukee at 12.5 percent.

Infant mortality and stillbirth rates are significantly higher among children of color and those with low-income parents. The difference is especially striking in the black population, with an infant mortality rate triple that of the white population.

If your baby has died from medical malpractice, you deserve justice. Our Wisconsin birth injury attorneys can help you file a wrongful death lawsuit and expose the wrongdoing of the providers responsible.

Why Choose Levin & Perconti as Your Birth Injury Attorney in Wisconsin?

Our compassionate and experienced birth injury attorneys in Wisconsin have over 400 years of combined experience helping clients hold negligent health care providers accountable. We have obtained many record results in birth injury lawsuits that have made the headlines.

Since establishing Levin & Perconti in 1992, we have developed the most aggressive and effective approach for each case. Our birth injury lawyers are national leaders in birth injury litigation who are regularly called upon to teach lawyers, judges, and community organizations about the medical and legal aspects of birth injuries.

  • Dov Apfel is a national advocate for children with cerebral palsy and other disabilities with more than 30 years of litigation experience. He is the lawyer other lawyers call for birth injury representation.
  • Seth Cardeli has presented at national seminars on scientific subjects, including interpreting electronic fetal heart tracings and negligence during newborn resuscitation. He co-chairs the American Association of Justice’s Birth Trauma Litigation group.

Our award-winning attorneys have helped numerous families nationwide recover multimillion-dollar settlements and verdicts.

How Can Levin & Perconti Help with My Wisconsin Birth Injury Claim?

When you choose our Wisconsin birth injury attorneys at Levin & Perconti, you won’t have to worry about gathering evidence, filing court documents, or meeting all the requirements for your case because we will handle everything. We offer personalized, compassionate service that includes all of the following and more:

  • Case investigation – We will gather evidence, talk to eyewitnesses, and retrieve your medical records.
  • Standard of care evaluation – We will compare your doctor’s actions to the established medical standards your doctor should have followed.
  • Case value calculation – We will calculate your damages based on your financial losses and the birth injury’s impact on your family.
  • Claim filing – We will file a medical malpractice insurance claim. If the insurer refuses to offer fair compensation, we will file a birth injury lawsuit.
  • Settlement negotiation – We will attempt to reach a settlement to spare you a trial. We will refuse to settle for less than fair compensation.
  • Trial representation – Our talented trial lawyers will present a compelling case to a jury if the liable parties refuse to pay fair compensation.

Our financial resources allow us to invest every dollar necessary to get you the compensation you deserve without charging you upfront fees. You pay nothing unless we win.

What Our Clients Say


Notable Birth Injury Case Results

$40 Million


awarded for a 19-year-old disabled teen who suffered a severe brain injury during birth due to a delayed C-section delivery.

$14 Million


against a Chicago hospital that failed to respond to fetal monitoring promptly after it detected nonreactive fetal heart tracings and schedule a timely C-section, leading to a lack of oxygen in the infant and subsequent brain injury

$11.5 Million


in a FTCA settlement for active-duty parents of a child birthed at the U.S. Naval Hospital in Guam, suffering a catastrophic hypoxic-ischemic brain injury after a negligent neonatal resuscitation and intubation

$9 Million


after the doctor failed to test the mother for Group B Strep Meningitis during prenatal care, resulting in permanent brain damage to the infant

$6.71 Million


against a hospital that trusted an inexperienced resident with performing a vaginal delivery of a breech presentation, resulting in brachial plexus and shoulder dystocia

$6.5 Million


for a young girl who suffered a brain injury during birth due to the physician’s failure to perform a timely C-section

Types of Birth Injuries in Wisconsin

We have helped parents whose children have experienced the following birth injury complications:

Birth Injuries and Medical Malpractice

Health care providers have a legal duty to adhere to medical guidelines when providing prenatal care, assisting with childbirth, or caring for the newborn immediately following birth. They must meet a reasonable standard of care. When a doctor fails to provide this level of care and a birth injury occurs, the family may have grounds for a medical malpractice claim.

Untimely C-Section

A doctor has a duty to order a C-section when it is a safer option than vaginal birth. Cesarean sections may be pre-planned due to pregnancy complications or needed on an emergency basis when complications occur during labor. The most common complications necessitating a Cesarean section include fetal distress, prolonged labor, breech presentation, and maternal hemorrhages.

Complications of an untimely C-section include the following:

  • Oxygen deprivation
  • Shoulder dystocia
  • Brachial plexus injuries
  • Dangerous brain bleeds
  • Fetal stroke

Inadequate Fetal Monitoring During Labor

A fetal monitor allows doctors, midwives, and nurses to continuously monitor the fetal heart rate. Fetal distress occurs when the baby’s heart becomes abnormally high or low during labor or when the baby’s heart fails to quickly return to normal after contractions. Failing to detect or respond to fetal distress can lead to significant injuries in the newborn, including brain damage, fetal stroke, and death.

Improper Assisted Vaginal Delivery

Assisted vaginal deliveries involve the use of forceps or vacuum extraction. These devices are often used as alternatives to C-sections. However, these options are not always safer than C-sections and should only be used in limited cases. Doctors that overuse assisted vaginal delivery methods can cause the following harm:

Inadequate Prenatal Care

Birth injuries may occur when a prenatal care doctor fails to identify maternal health problems or conditions of the fetus that could give rise to a complicated birth.

Common examples of medical negligence during pregnancy that may lead to a birth injury include the following:

Our Wisconsin birth injury lawyers will investigate you and your baby’s full medical history, including the prenatal care you received and all of the events during and shortly after birth, so we can hold your provider accountable for negligence.

When Should I Call a Wisconsin Birth Injury Lawyer?

The statute of limitations for Wisconsin birth injury lawsuits is three years from the date of the malpractice or one year after you discover that your baby was injured, but not more than five years after the doctor’s error. In light of this, you should contact a Wisconsin birth injury lawyer as soon as possible after your child is diagnosed with a condition that may be a birth injury, such as cerebral palsy.

You can file a separate claim for the child’s losses. Such claims must be filed by the child’s tenth birthday.

Once your lawsuit is filed, the defendant will have the right to review your evidence, so it is important to ensure you allow your attorney sufficient time to gather evidence and prepare a strong case before filing. If you don’t file your case before the deadline, the court will likely dismiss it, and you will lose your right to pursue damages.

Wisconsin Birth Injury Lawsuit Requirements

While many states require medical malpractice plaintiffs to file a certificate of merit, Wisconsin has no such requirement.

After your case is filed, you must request mediation within 15 days. Mediation is a dispute resolution process through which plaintiffs and defendants may negotiate an agreement before trial. The mediation period is generally 90 days. If an agreement is not reached during this period, your case will move forward in litigation.

Damages and Compensation

Damages in birth injury lawsuits in Wisconsin may include economic and non-economic damages. In limited cases, you may also be able to win punitive damages.

Economic damages compensate for verifiable monetary losses stemming from the birth injury, which may include the following:

  • Lost parental wages due to medical care, therapy appointments, or childcare
  • Medical expenses of the child
  • Costs related to the special needs of the child, such as education
  • Lost earning capacity of the child

Non-economic damages cover the intangible effects of the injury. State law allows victims of medical malpractice to recover up to $750,000 for such losses as pain, suffering, the effects of disability, and loss of society.

In the tragic event that a birth injury leads to death, recoverable damages include the lost probable earnings of the child had they survived, funeral expenses, and up to $500,000 in non-economic damages for loss of the child’s companionship, love, and affection, and similar losses.

How Much Is My Wisconsin Birth Injury Claim Worth?

The value of your birth injury claim could range from tens of thousands to millions, depending on the unique details of your case. When you entrust our lawyers with your Wisconsin birth injury case, we will consider all the financial, emotional, and personal impacts. The factors that may influence your compensation include the following:

  • The severity of the injuries
  • Whether the injuries will result in long-term disability
  • Whether the hospital or birthing facility shares liability for the injuries
  • The time and financial cost of caring for your child’s special needs
  • The degree to which the injuries have changed your lifestyle
  • The full financial and emotional toll of the injuries on your family

These are just a few of the factors that influence compensation. We are committed to maximizing your compensation.

Frequently Asked Questions (FAQs)

Accordion Content

There is no upfront cost to hire a Wisconsin birth injury lawyer at Levin & Perconti. Our fee is a percentage of the compensation we successfully recover for you. You only pay us if we win.

A birth injury lawsuit may take several months to a year or longer. Medical malpractice claims are complex cases against large, powerful health care organizations and insurers that typically refuse to pay fair compensation. It takes an experienced legal team like ours to wage an effective fight against them. You can trust our experience to get you the maximum compensation as soon as possible.

Any health care provider that deviates from a reasonable standard of care and contributes to your child’s birth injuries may be liable. In addition, any licensed health care facility with employees or systems contributing to the injuries may also be liable. Examples of liable parties in birth injury claims include the following:

  • Obstetricians
  • Nurses
  • Midwives
  • Pharmacists
  • Pediatricians
  • Anesthesiologists
  • Hospitals
  • Birthing centers

We will identify all liable parties during our detailed case investigation and hold them accountable. This is one of the many ways we maximize your compensation.

A mother can pursue economic and non-economic damages as a victim of medical malpractice during pregnancy or childbirth.

Maternal birth injuries include perineal tearing, incontinence, reproductive organ injuries, and death.

In wrongful death claims over a mother’s death, family members can pursue the lost lifetime income of the mother, funeral expenses, medical expenses, and up to $350,000 in non-economic damages.

Contact Our Wisconsin Birth Injury Attorneys Today for a Free Case Review

Parents and children already pay too high a price for a health care provider’s negligence when a mother or child suffers a birth injury. You shouldn’t have to bear the financial costs too.

Schedule your free consultation with our Wisconsin birth injury lawyers today by calling (312) 332-2872 or completing our simple online contact form.