The birth of a child should be one of life's most joyful moments. But when medical professionals fail to meet the standard of care during pregnancy, labor, or delivery, the consequences can be catastrophic and lifelong. According to the CDC, approximately 7 in every 1,000 babies born in the United States suffer some form of birth injury — and many of these injuries are preventable.
What Is a Birth Injury?
A birth injury is any harm to a baby that occurs during pregnancy, labor, delivery, or immediately after birth. While some birth injuries are minor and resolve on their own, others cause permanent disabilities that require a lifetime of medical care, therapy, and support. Birth injuries are distinct from birth defects — birth defects are typically genetic or developmental, while birth injuries result from something that happened during the birthing process.
The Most Common Types of Birth Injuries
Cerebral Palsy: A group of disorders affecting movement, muscle tone, and posture caused by damage to the developing brain — most often from oxygen deprivation (hypoxia or asphyxia) during labor and delivery. Cerebral palsy affects approximately 1 in 345 children in the U.S. and is the most common motor disability in childhood. Lifetime care costs average $1.1 million per individual.
Erb's Palsy / Brachial Plexus Injuries: Damage to the network of nerves controlling the shoulder, arm, and hand. Erb's palsy most commonly occurs when excessive force is applied during delivery, particularly during shoulder dystocia. Approximately 1-2 per 1,000 live births result in brachial plexus injuries. While some cases resolve with physical therapy, severe cases require surgery and may result in permanent arm weakness or paralysis.
Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by oxygen deprivation and restricted blood flow to the baby's brain during birth. HIE affects 1-3 per 1,000 full-term births and is a leading cause of neonatal death and long-term neurological disability. Timely intervention with therapeutic hypothermia (cooling therapy) within 6 hours of birth can significantly reduce brain damage — making prompt recognition critical.
Shoulder Dystocia Injuries: Shoulder dystocia occurs when the baby's shoulder becomes lodged behind the mother's pubic bone during delivery. This obstetric emergency requires immediate, skilled intervention. Improper management — including excessive traction on the baby's head — can cause brachial plexus injuries, fractured clavicles, and in severe cases, oxygen deprivation.
Facial Nerve Injuries: Damage to the facial nerve during delivery, often from improper use of forceps or vacuum extractors. This can cause temporary or permanent facial paralysis.
Fractures: Clavicle (collarbone) fractures are the most common bone injury during birth, occurring in approximately 0.5-1.6% of deliveries. Most heal without long-term complications, but they can indicate excessive force during delivery.
How Medical Negligence Causes Birth Injuries
Not every birth injury is the result of negligence — childbirth is inherently complex. However, when medical professionals fail to meet the accepted standard of care, they can be held liable. Common forms of medical negligence during labor and delivery include:
Failure to Monitor Fetal Distress: Electronic fetal heart rate monitoring is the standard of care during labor. Abnormal heart rate patterns — including decelerations, tachycardia, and reduced variability — can indicate the baby is not getting enough oxygen. When medical staff fail to recognize these warning signs or delay intervention, the result can be devastating brain damage.
Delayed or Improper C-Section: When fetal distress, placental abruption, umbilical cord complications, or prolonged labor indicate the need for an emergency cesarean section, delays of even minutes can cause permanent injury. Studies show that a 'decision-to-incision' time exceeding 30 minutes significantly increases the risk of adverse outcomes.
Improper Use of Delivery Instruments: Forceps and vacuum extractors can be lifesaving tools when used correctly, but improper application can cause skull fractures, intracranial hemorrhage, facial nerve damage, and cervical spine injuries.
Mismanagement of Shoulder Dystocia: When shoulder dystocia occurs, specific maneuvers (McRoberts, suprapubic pressure, Woods screw) must be performed in a systematic order. Applying excessive downward traction on the baby's head — rather than following established protocols — is a primary cause of brachial plexus injuries.
Failure to Treat Maternal Infections: Infections like Group B Streptococcus (GBS), chorioamnionitis, and urinary tract infections can be transmitted to the baby during delivery if not properly treated. GBS screening and intrapartum antibiotic prophylaxis are standard of care — failure to screen or treat is negligence.
Medication Errors: Improper dosing of Pitocin (oxytocin) to induce or augment labor can cause hyperstimulation of the uterus, reducing blood flow to the baby and causing oxygen deprivation.
Birth Injury Statistics
The numbers paint a sobering picture: approximately 28,000 birth injuries occur annually in the United States. Birth trauma is cited as a contributing factor in roughly 2% of neonatal deaths. The average birth injury medical malpractice settlement ranges from $1 million to $5 million, with severe cases (cerebral palsy, HIE) exceeding $10 million. A $951 million verdict was awarded in a Utah birth injury case in 2025 — one of the largest in U.S. history — where a sleeping doctor and nurses in training were blamed for catastrophic injuries.
What Should Parents Do If They Suspect a Birth Injury?
1. Seek a second medical opinion. If your child is showing signs of developmental delays, abnormal muscle tone, seizures, or limited use of an arm, get an independent evaluation from a pediatric neurologist or specialist. 2. Request your complete medical records. You are entitled to all medical records from prenatal care, labor, delivery, and neonatal care — including fetal heart rate monitoring strips, nursing notes, and physician orders. 3. Do not sign any releases or settlements from the hospital. Hospitals and their insurers may approach you early with offers or releases. Do not sign anything without consulting an attorney. 4. Contact a birth injury attorney. An experienced attorney can review the medical records with independent medical experts to determine whether negligence occurred.
Bond Legal offers free, confidential consultations for families affected by birth injuries. Call (866) 423-7724.
