Yes, as long as you can establish malpractice. These cases, known as “obstetrical malpractice” cases, can be the most challenging and expensive cases to pursue.
Frequently, babies born with birth defects will require a lifetime of care that can cost into the tens of millions of dollars. Thus, doctors and hospitals spend a great deal of time and money attempting to defeat these claims. That is why it is important to retain an attorney experienced in medical malpractice cases and has the resources to spend the hundreds of thousands of dollars it sometimes takes to win an obstetrical malpractice case.