Birth injuries: causes,
types & legal help

What is a birth injury?

Birth injuries are trauma suffered by newborns around the time of delivery. While some will heal in the first year on their own, many require a lifetime of medical care. Those that are permanent often affect a child’s brain function or ability to move.

Upon examining birth records, experts often find that mistakes by doctors or hospital staff contributed to a child’s injury. In these cases, families have a legal right to seek compensation to help cover damages. Birth injury lawsuits often reach amounts in excess of $1 million and can be the primary source of funding for a child’s lifetime care.

If you have questions about your child’s birth injury or whether mistakes were made during delivery, our lawyers and nurses are available to speak with you today at no charge.

Types of birth injuries

While babies are at risk for countless types of birth injuries, some occur far more often as a result of delivery trauma. They are broadly classified into four main categories: nerve and spinal cord damage, brain damage, swelling and hemorrhaging, and broken bones.

Nerve and spinal cord damage

Babies may become stuck passing through the birth canal due to breech positioning or shoulder dystocia. The use of excessive force during such deliveries can damage the nerves running through the spine or shoulder, causing partial or full paralysis:

• Brachial plexus injury — damage to the bundle of nerves that control a child’s shoulder, arm, or hand
• Erb’s palsy — paralysis or lack of control of the shoulder, arm, or hand resulting from brachial plexus damage
• Facial paralysis — damage to the cranial nerve during delivery, often from forceps use

Brain damage

The brain requires the highest percentage of oxygen of any organ. Delays or complications during delivery that temporarily disrupt oxygen flow can result in brain cell death. Brain damage may also be caused by severe untreated jaundice (kernicterus). Examples include:

• Cerebral palsy — damage to areas of the brain that control movement, the most common birth injury causing a movement disorder
• Intraventricular hemorrhage (IVH) — bleeding around the brain due to damaged or constricted blood vessels
• Periventricular leukomalacia (PVL) — damage from lack of oxygen to the white matter around the brain’s ventricles
• Hypoxic-ischemic encephalopathy (HIE) — damage from low oxygen levels in the blood or oxygen restriction
• Cerebral dysgenesis — abnormal organization or development of the brain occurring early during pregnancy

Swelling and hemorrhaging

Bleeding around the brain or swelling of an infant’s scalp may occur as a result of trauma from delivery tools, pressure from delayed birth, or undeveloped blood vessels in preterm birth:

• Cephalohematoma — often caused by birthing tools such as vacuums or forceps, causing rupture of blood vessels and bleeding under the scalp
• Caput succedaneum — cranial swelling caused by undue vaginal or uterine pressure on the scalp during a prolonged delivery or from birthing tools
• Intracranial hemorrhage — bleeding inside the brain, usually occurring in preterm births due to unformed blood vessels

Broken bones

Although less common today, approximately 1 in 1,000 births still results in broken collarbones or femurs due to trauma related to shoulder dystocia. These fractures usually occur when doctors must use force to free an infant stuck in the birth canal and typically heal with minimal treatment.

What’s the difference between a birth injury and a birth defect?

Although these terms are often used interchangeably, birth defects and birth injuries have different causes and times of occurrence. The distinction matters significantly for families exploring legal options.

Key differences

Birth injuries are trauma to a baby that occurs around the time of delivery, or just afterward. They are often the result of delivery complications, tool misuse, oxygen deprivation, or excessive force. Examples include nerve injuries, brain damage from oxygen restriction, and head trauma.

Birth defects typically occur much earlier, during the first few months of pregnancy. They are often identified before birth during prenatal testing and can be linked to nutrition deficiencies, infections, toxic exposure, or chromosomal issues.

The critical distinction: a large percentage of birth injuries are caused by mistakes from medical professionals. When this occurs, the family of the victim has the legal right to seek compensation. Birth defects generally do not carry the same legal basis for a claim.

Signs and symptoms of a birth injury

In many cases it can take a year or more for the symptoms of birth injuries to become noticeable. However, there are early signs parents can look for in the first year that may indicate a problem.

Early signs in infants (under 12 months)

• Seizures
• Trouble breathing
• Stiff muscles or lack of muscle tone
• Excessive drooling
• Reduced heart rate
• Difficulty feeding or swallowing

Although the presence of these signs doesn’t absolutely confirm a birth injury, it’s important to notify your doctor and schedule a screening promptly. Early detection is crucial for effective treatment.

Signs in toddlers (over 12 months)

As children grow beyond the first year, symptoms of a birth injury often become more apparent — typically presenting as failure to meet normal developmental milestones:

• Hearing or vision problems
• Muscle spasms or tremors
• Slow speech or language development
• Trouble sitting up or balancing
• Delayed crawling or walking
• Difficulty touching mouth or eating
• Problems grasping objects

If you notice any of these signs, contact your doctor for a health screening as soon as possible. Learn more about specific cerebral palsy symptoms and how CP is diagnosed.

Birth injury statistics 2026

The most up-to-date statistics on birth injuries show that while the overall occurrence trend is declining, there is still a long way to go with improving newborn safety and delivery practices in the U.S.

• 25,000+ Babies born with a birth injury each year in the U.S.
• 80%+ Of reported birth injuries are considered moderate to severe, including brain damage and nerve damage
• 160,000 Birth-related injuries per year estimated to be potentially avoidable through better care
• 1 in 340 Babies are diagnosed with cerebral palsy — the most common birth injury movement disorder
• 10–20 per 10K Babies suffer a brachial plexus birth injury, often from difficult delivery
• 59 per 10K Vacuum-assisted deliveries result in a birth injury
• 33% higher Birth injury rates in the most rural U.S. areas compared to large cities
• Declining Overall birth injury occurrence rates in the U.S. have decreased in recent decades — improved care is working

Causes of birth injury

Birth injuries can occur when an infant suffers distress during the delivery process — due to a combination of physical trauma, oxygen deprivation, or medication toxicity. While some have natural causes present before delivery, a large number might have been prevented without mistakes made by hospital staff or doctors.

• Asphyxia (loss of oxygen or blood flow) — often due to infections, umbilical obstruction, placental separation, maternal illness, or undeveloped organs in preterm infants
• Physical trauma — misuse of delivery tools or excessive force when managing shoulder dystocia or breech positioning can cause injury to the baby’s skull, nerves, bones, or spinal cord
• Prolonged labor — delivery lasting more than 20 hours puts added stress on an infant’s skull and spine, and elevates the chances of asphyxia
• Drug injuries — medications like Pitocin®, used to induce or accelerate labor, can cause fetal stress if not administered correctly
• Meconium aspiration — a heightened risk during delayed labor; distressed infants can ingest fetal stool and amniotic fluid, potentially leading to lung infection and airway obstruction

More than 4 out of 5 birth injury cases are considered moderate or worse, encompassing those who suffer paralysis, brain or nerve damage. If your child was injured during a prolonged birth or complicated delivery, it’s important to have a medical or legal expert review your records to determine what went wrong.

Can birth injuries be prevented?

No one can guard against all uncertainties during pregnancy and delivery. However, understanding the risk factors for birth injury can help parents and care teams plan for the healthiest possible delivery. According to the National Institutes of Health, risk factors are grouped by their link to delivery tools, the fetus and pregnancy, or the mother.

Promoting prenatal health

In addition to recognizing risk factors, expectant mothers can take proactive steps to promote overall health and reduce risks to their babies. Attending all scheduled prenatal visits, taking prenatal supplements, maintaining a healthy diet, avoiding tobacco and alcohol, and discussing any concerns with your obstetrician are among the most impactful steps.

How are birth injuries diagnosed?

While some birth injuries are identified immediately after delivery, others may not become apparent until months or years later when developmental delays become noticeable. Several diagnostic methods are used to detect and confirm birth injuries.

Neuroimaging tests

MRI and CT scans are essential tools for uncovering brain injuries such as periventricular leukomalacia (PVL), hypoxic-ischemic encephalopathy (HIE), and other conditions linked to birth trauma. MRI is generally preferred for its detail and lack of radiation exposure.

Apgar score

The Apgar test measures a newborn’s heart rate, breathing, muscle tone, reflex response, and skin coloration immediately after birth. Lower scores can indicate potential health issues requiring further evaluation.

Umbilical cord blood gas analysis

This test evaluates oxygen and carbon dioxide levels in an infant’s blood immediately after delivery. It can reveal signals of oxygen deprivation linked to brain damage, providing critical early evidence.

If you have concerns about your child’s development or a possible birth injury, schedule a screening as soon as possible. Our experienced nurses are also available to discuss your child’s case and provide guidance on next steps.

Treatment options for birth injuries

Every child’s treatment needs following a birth injury are unique. Some may only require periodic monitoring, while others need extensive lifelong care. The goal is always to maximize independence, manage symptoms, and improve quality of life.

Therapy

Therapy is frequently the first line of treatment for birth injury symptoms. Occupational therapy helps children with movement disorders accomplish everyday activities such as personal care, dressing, and eating. Speech and language therapy assists those with communication challenges from brain damage. Physical therapy manages and relieves muscle stiffness, improves coordination, and targets mobility goals like walking and wheelchair use. Recreational therapy uses outdoor activities like swimming and horseback riding to build strength and improve quality of life.

Assistive devices and adaptive equipment

Scooters, wheelchairs, crutches, braces, and gait trainers can significantly help children with mobility difficulties gain independence. Adaptive utensils, cups, and dressing aids assist those with fine motor limitations. Communication boards and voice output devices support children with speech or language challenges.

Medications

Depending on the specific effects of a birth injury, a pediatrician may prescribe medications to promote recovery or manage symptoms. For brachial plexus injuries like Erb’s palsy, Botox may be used to incapacitate select muscle groups and force use of weaker muscles during therapy. For cerebral palsy, anticonvulsants, muscle relaxants, and nerve blocks may be prescribed to manage seizures, reduce muscle contractions, and decrease chronic pain.

Surgery

For children with severe birth injuries where therapy and medication provide insufficient relief, surgery may be an option. For Erb’s palsy, microsurgeries, joint release, and tendon transfers may improve strength and range of motion. For cerebral palsy, osteotomy to realign bones, spinal surgery for scoliosis, or selective dorsal rhizotomy for spasticity may provide lasting relief. Most insurers require therapy and medication trials before approving surgery.

Many families find that insurance and financial assistance aren’t enough to cover the expense of ongoing birth injury treatment. Compensation from a birth injury lawsuit can be crucial to funding lifetime care.

Birth injury caused by medical mistakes

A recent study found that while the rate of injuries to mothers and babies during childbirth continues to decline, around 160,000 childbirth injuries annually could have been avoided. When medical professionals fail to meet the standard of care during delivery, it can be considered negligence or medical malpractice in all states.

Some common mistakes that lead to birth injuries include:

• Excessive force during delivery — may cause nerve injuries, bone fractures, or hemorrhaging
• Insufficient monitoring — failure to observe fetal distress, vital signs, or developing complications
• Deficient reaction to fetal distress — failing to act on warning signs like oxygen deprivation or abnormal heart rate
• Delivery tool misuse — careless or incorrect use of vacuum extractors or forceps causing nerve damage or head trauma
• Misdiagnosis — failing to diagnose or properly treat maternal or fetal conditions that require attention for the baby’s safety
• Delayed intervention — failing to perform a medically necessary C-section in time to prevent brain damage

When medical mistakes result in birth injuries, families have the right to seek compensation for medical care, therapy, life-care, and pain & suffering. The CDC estimates the lifetime cost of caring for a child with a severe birth injury like cerebral palsy at up to $1.7 million. Our birth injury lawyers are available 24/7 to discuss your case at no cost — and there is never a fee unless compensation is recovered.