A birth injury is harm sustained by a newborn during pregnancy, labor, delivery, or shortly after birth due to medical negligence, errors, or failure to provide appropriate care. Common examples include cerebral palsy, brachial plexus injuries, hypoxic brain injury, and fractures caused by improper delivery techniques.

Not every birth complication is malpractice, but if your child’s injury was preventable with proper care, it may be. Warning signs include delays in ordering a C-section, failure to monitor fetal distress, improper use of forceps or vacuum extractors, or ignoring high-risk pregnancy conditions. An experienced birth injury lawyer can review medical records and consult experts to determine whether negligence occurred.

Compensation may include the costs of lifelong medical care, therapies, assistive equipment, lost future earnings, and pain and suffering. In cases of extreme negligence, punitive damages may also apply. Every case is different, and damages depend on the severity of the injury and its long-term impact.

The statute of limitations varies by state. Some states allow claims within two years of the injury, while others extend the timeline until after the child’s 18th birthday. Because these rules are complex and exceptions exist, it’s important to speak with an attorney as soon as possible.

Potentially liable parties include doctors, nurses, hospitals, or other medical professionals involved in prenatal care, labor, or delivery. In some cases, multiple providers share responsibility. Your attorney will investigate all possible sources of negligence.

No. Filing a lawsuit does not interfere with your child’s ongoing treatment. Your legal claim is separate from the medical care your child continues to receive. In fact, successful litigation can help secure resources for better long-term care.

These cases are complex and often require extensive investigation, medical expert testimony, and negotiations with insurance companies. Some cases resolve in settlement within a year, while others may take several years if they proceed to trial.

Head injuries are the most common type of birth injury in hospitals today. Of course, head injuries can range from mild scratches and bruising, to serious injuries like bleeding on the brain. Some of the common head injuries seen in infants are:

• Swelling, bruising or scratching of the scalp
• Bleeding outside of the skull bones
• Cephalhematoma
• Intracranial hemorrhage
• Fracture of the skull bones

Any birth can result in an injury to the infant. But birth injuries most commonly occur because of a baby’s position during labor, or the size of the baby. The longer and more difficult labor is for the mother, the more likely a birth injury is to occur. Some common conditions which may lead to birth injuries include:

• Large babies – babies born over 8 pounds, 13 ounces are more prone to cause long and difficult labor, leading to a higher rate of birth injuries.
• Premature infants – Babies born before 37 weeks are more fragile, and thus more prone to injury during labor.
• Cephalopelvic disproportion – If the size of the mother’s pelvis is not adequate for the baby to be born vaginally, this can lead to prolonged labor.
• Maternal obesity – This can lead to a greater risk for preeclampsia and fetal distress during labor.
• Abnormal birthing presentation – Breech babies, or other abnormal birth presentations, such as sunny side up, can lead to prolonged labor.
• Shoulder dystocia – When the shoulder becomes stuck during labor, this can lead to fetal distress and birth injuries.

The most important steps that can be taken to minimize the risk of negative outcomes related to shoulder dystocia are often those that can be identified during pregnancy. Doctors should:

• Have a thorough understanding of the mother’s medical history, including episodes of shoulder dystocia in prior deliveries
• Properly manage gestational diabetes, hypertension, excessive maternal weight gain or other health risk factors during pregnancy
• Plan for a cesarean delivery in cases of large fetus and small mother

If your doctor failed to take steps to minimize the risks associated with shoulder dystocia, you may have standing to file a claim of negligence against them.

Around 10,000 infants every year are born with cerebral palsy in the United States. Though not all are caused by medical malpractice during the birthing process, many instances of cerebral palsy are avoidable if not for the negligence of physicians and other healthcare providers.

Medical malpractice can lead to cerebral palsy in a variety of ways, including:

• Failure to recognize that the baby is in the breech position prior to delivery.
• Failure to diagnose a substantial differentiation between the size of the baby’s head and the mother’s pelvis.
• Failure to diagnose and treat jaundice after birth.
• Failure to properly monitor the health and condition of the baby and mother during childbirth.
• Failure to properly use a vacuum extractor or forceps.
• Delaying the delivery of a baby who is distressed due to oxygen deprivation
• Neonatal Birth Injury

A neonatal birth injury is any type of impairment that affects a newborn’s body function that can be attributed to an adverse event during, or following, labor and delivery. Birth injuries of this kind can range from mild, which heal quickly on their own, to more serious injuries that cause severe and permanent damage to the newborn. Specific neonatal birth injuries include:

• Cardiac Arrest
• Encephalitis
• Infection and Meningitis
• Mispositioned Central Catheter
• Neonatal Hypoglycemia (Low Blood Sugar)
• Stroke During/Near the Time of Delivery
• Kernicterus and Severe Hyperbilirubinemia
• Seizures
• Preeclampsia
• Placental Abruption
• Cephalohematoma

Of course, not every birth injury occurs due to negligence. Giving birth can be wildly unpredictable, and not every birth injury is preventable, even with all the medical knowledge we have today. But when negligence does occur, it can often lead to serious birth injuries, ones that may cause months or years of hardships for you and your family.

When this happens, you need someone on your side to help you navigate the complicated legality of filing a medical negligence claim, to help compensate you for your losses, and to help prevent this type of error from happening to someone else.