What is a birth injury?
A birth injury occurs when a baby suffers harm during the birthing process, often due to medical complications or preventable mistakes. These injuries can affect movement, cognitive function, and overall development.
While some birth injuries in newborn babies heal with time, others cause permanent challenges that impact a child’s future and require ongoing medical care.
The cost of caring for a child with a serious birth injury can exceed $1 million over a lifetime — an overwhelming financial burden that most families are unprepared for.
If medical negligence caused your child’s condition, financial assistance may be available through a birth injury lawsuit.
Many birth injury lawsuits result in multimillion-dollar payouts, helping families cover medical care, therapy, and other lifelong expenses.
If your child was diagnosed with a birth injury, our team may be able to help.
We partner with cerebral palsy lawyers nationwide who have secured over $1 billion for families impacted by birth injuries.
Find out if we can help your family, too. Get a free case review right now.
Quick facts about birth injuries: 2025 update
- 8.6% of babies are born with low birth weight, increasing health risks
- 10.4% of births are preterm, raising the chance of complications
- Cerebral palsy (CP) is the most common movement disorder for kids
- 1 to 2 per 1,000 babies suffer a brachial plexus injury at birth
- Cephalohematomas affect up to 2.5% of newborns
- 5–20% of cephalohematomas involve an underlying skull fracture
- Macrosomia (large birth weight) occurs in 8–9% of births, making delivery more difficult
- 669 maternal deaths were reported in 2023, down from 817 in 2022
- Black mothers died at a rate nearly 3.5 times higher than white mothers
Birth injury symptoms
Some birth injuries are not obvious right away. Many signs and symptoms of birth injuries may take one to two years to appear.
The following symptoms do not always mean a birth injury occurred, but they may point to brain or nerve damage. Watching for developmental concerns can help identify issues early.
Immediate signs of birth injury include:
- Arched back while crying
- Difficult suckling, eating, or swallowing
- Excessive drooling
- Hand curled into claw-like shape
- High-pitched crying
- Low oxygen levels
- Loose or stiff muscles
- Slow heart rate
- Sensitivity to light
- Weak reflexes
Some of the most important symptoms to watch for after delivery include difficulty breathing, seizures, and abnormal muscle tone. These could signal a serious birth injury, like brain damage, and may require immediate medical attention to prevent lasting harm.
Birth injury signs later in a child's development
As your child gets older, symptoms of a birth injury usually present themselves when they miss important developmental milestones or show physical signs of brain or nerve damage.
Symptoms of a birth injury for 12 months of age and older include:
- Balance and coordination issues (ataxia)
- Cognitive delays, including memory issues
- Challenges eating, drinking, or using utensils
- Delayed speech or language development
- Difficulty sitting, standing, crawling, or walking without support
- Fine motor skill difficulties, including hand-eye and hand-mouth coordination
- Hearing, vision, or speech impairments
- Increased or decreased muscle tone (hypertonia or hypotonia)
- Involuntary movements, tremors, or muscle spasms (spasticity)
- Seizures or neurological conditions such as epilepsy
If your child exhibits any of the symptoms above, you should consult a doctor to get a diagnosis.
You can also download our Free Birth Injury Guide to learn about treatment options, financial resources, and support services.
Types of birth injuries
Various risk factors and types of brain damage can result in different birth injuries. Each injury may have unique causes and symptoms depending on the individual case.
Learn more about some common birth injuries below.
Cerebral palsy
This is a group of disorders that affect the brain’s control over muscles and the nervous system. Cerebral palsy from birth injury is almost always caused by brain damage.
A cerebral palsy birth injury affects different areas of the body and does not improve or worsen over time, but may cause additional health complications.
Cerebral palsy has no cure. However, therapy, medication, and surgery can be used to improve your child’s quality of life. Children are sometimes able to live independently or may require lifelong care depending on the severity of the condition.
Erb’s palsy
Brachial plexus injuries like Erb’s palsy are most commonly caused by pulling on a child during a difficult delivery. This can damage the network of nerves that sends signals from the spine to the shoulders, arms, and hands. Erb’s palsy results in difficulty using the affected limb.
Nerve damage like this often involves shoulder dystocia. This medical emergency happens when the baby's head is delivered, but the shoulders are stuck behind the mother’s pelvis. Shoulder dystocia occurs in 1% of vaginal births, increasing the risk of nerve damage.
While there are proper medical interventions to handle this situation, some physicians resort to forcefully pulling on the head and neck to help the baby deliver.
babies are born with Erb's palsy
According to the American Academy of Orthopedic Surgeons
Intrauterine fetal demise
When a fetus dies after the 20th week of pregnancy, it's referred to as intrauterine fetal demise (IUFD). This differs from a miscarriage, which happens before 20 weeks.
Signs of IUFD include a lack of fetal movement, abdominal pain, infection, high fever, and vaginal bleeding.
pregnancies end in IUFDs
According to the National Vital Statistics Report from 2022
Kernicterus
This rare type of brain damage occurs when severe jaundice in a newborn is left untreated. Kernicterus happens when high levels of bilirubin, a substance produced during the breakdown of red blood cells, build up in the blood and become toxic to the brain.
Kernicterus only affects about 1 in 44,000 newborns in developed countries because jaundice is usually treated before brain damage happens.
Once treated, kernicterus may cause very mild neurological issues and motor skills.
Newborn cephalohematoma
A cephalohematoma is a birth injury that happens when blood collects between the skull and its outer covering due to ruptured blood vessels.
In many cases, this condition can heal on its own without medical intervention. However, if left untreated, the blood buildup can put pressure on the brain, potentially leading to serious complications or long-term disabilities.
Cephalohematomas occur in about 2.5% of difficult vaginal deliveries, and the risk increases to about 1 in 10 when assisted delivery methods like vacuum extraction or forceps are used, according to Cleveland Clinic.
Spinal cord injury
These injuries disrupt the connection of nerves between the brain and the rest of the body. This birth injury is caused by trauma to a specific area of the spinal cord. The severity of the injury can range from mild bruising to complete spinal tears.
Spinal cord injuries in children can occur due to trauma during birth, especially affecting the neck area, and may result in long-term disability or paralysis, according to Children's Hospital of Philadelphia.
Injuries to the spinal cord are often a result of medical malpractice. Improper use of forceps or vacuum extractors where the doctor pulls or twists a compressed baby can cause a spinal cord injury.
Vacuum extraction injury
These injuries occur when a vacuum-assisted delivery is performed incorrectly. This delivery method is used in about 5% of all births.
Injuries from a vacuum extractor can include scalp wounds, skull fractures, internal bleeding, brain damage, and brachial plexus nerve damage resulting in Erb’s palsy.
Some of these conditions are able to heal on their own without medical intervention, while some serious complications can result in permanent damage to both the mother and baby.
If your baby was harmed during childbirth, we may be able to help. Call us at (855) 220-1101 or Click to Live Chat to connect with a trained patient advocate.
Types of brain damage that cause birth injuries
Birth injuries can occur from damage to the developing brain before, during, or after birth.
Below are four types of brain damage that result from trauma during childbirth. This classification of birth injuries can help new parents understand the potential causes of their baby’s condition.
Hypoxic ischemic encephalopathyHypoxic-ischemic encephalopathy (HIE) is a type of brain damage caused by reduced oxygen and blood flow to the brain. It can destroy brain cells and tissue, particularly in the motor cortex, leading to conditions like cerebral palsy. HIE is the most common form of brain damage occurring during childbirth.
- Periventricular leukomalacia
Periventricular leukomalacia (PVL) is a type of brain damage caused by reduced blood and oxygen flow to the brain. It primarily affects the white matter near the brain’s ventricles (cavities), leading to the loss of brain cells in areas that control movement. PVL is a major risk factor for cerebral palsy.
- Intracranial hemorrhage
Intracranial hemorrhage refers to bleeding in the brain, often caused by a fetal stroke from blocked or damaged blood vessels. Maternal factors like high blood pressure, placental complications, and infections can increase the risk. Intraventricular hemorrhage (IVH), bleeding in the brain’s fluid-filled spaces, is especially common in premature infants and may cause long-term complications.
- Cerebral dysgenesis
Cerebral dysgenesis refers to abnormal brain development in a fetus, usually occurring during pregnancy as the brain forms. In some cases, head trauma during or shortly after birth can also contribute. Infections affecting the fetal brain may alter genes responsible for motor function development, increasing the risk of neurological issues.
Birth defects vs. birth injuries
Birth defects and birth injuries affect infants in different ways. Learn more about the differences below.
Birth defects
Birth defects develop before birth, usually in the first three months of pregnancy. According to the Centers for Disease Control and Prevention (CDC), they can be caused by genetic factors, infections, or exposure to harmful substances.
Birth injuries
Birth injuries occur during labor or delivery when complications or medical errors cause harm to a newborn. These injuries can range from mild to severe and may affect a baby’s brain, nerves, or muscles.
If your child is experiencing developmental delays, muscle stiffness, or feeding difficulties, you may not know what caused it, but you’re not alone. Our experienced labor and delivery nurses can help you understand what happened and what to do next.
Connect with one of our registered nurses to learn about your options — there’s never any cost or obligation to talk with us.
Causes of birth injuries
Birth injuries can occur when complications during pregnancy, labor, or delivery put stress on a baby’s brain, nerves, or muscles. Some injuries are unavoidable, while others result from medical errors.
Common causes of birth injuries include:
- Delayed birth: Labor lasting over 18 hours increases pressure on the baby’s brain, raising the risk of distress and oxygen deprivation.
- Excessive force: Misuse of forceps or vacuum extractors can damage the baby’s nerves or skull.
- Lack of oxygen: A compressed umbilical cord, placental abruption, or premature lungs can reduce oxygen flow to the brain.
- Maternal infections: Certain bacterial or viral infections can cause complications affecting the baby’s development.
- Meconium in amniotic fluid: Inhaling fluid mixed with the first stool may cause meconium aspiration syndrome (MAS), leading to oxygen deprivation.
- Medication errors: Improper use of labor-inducing drugs like Pitocin® may lead to fetal distress.
Some birth injuries heal with time, while others cause lifelong challenges. If you have concerns, a medical professional can help determine what happened and what to do next.
Birth injuries and medical malpractice
Medical negligence occurs when health care professionals fail to meet the standard of care before, during, or after childbirth, leading to serious complications.
Doctors, nurses, and other medical staff are responsible for monitoring risk factors and responding appropriately to prevent harm.
Forms of medical negligence that may cause birth injuries include:
- Delayed intervention: Failing to act quickly in emergencies, like performing a medically necessary cesarean section (C-section)
- Diagnostic errors: Missing or misdiagnosing health conditions in the mother or baby that require medical attention
- Improper monitoring: Neglecting to track vital signs, fetal distress, or maternal complications before, during, or after birth
- Misuse of delivery tools: Incorrectly using forceps or vacuum extractors, increasing the risk of head trauma or nerve damage
- Poor fetal distress management: Overlooking warning signs like abnormal heart rate or oxygen deprivation
- Unsafe delivery techniques: Using excessive force during childbirth, leading to fractures, nerve injuries, or brain bleeds
Birth injuries linked to medical negligence can lead to lifelong challenges for a child. If medical errors caused harm during childbirth, families may have legal options to seek justice and financial support.
Get a free case review right now.
Risk factors for birth injuries
Certain maternal and infant conditions can increase the risk of birth injuries. Understanding these factors can help doctors take preventive measures and ensure a safer delivery.
Maternal risk factors
A mother’s health and physical condition play a crucial role in the baby’s safe delivery. Certain maternal factors can make labor more difficult, increasing the risk of complications.
Conditions that can contribute to birth injuries include:
- Abnormal pelvis shape or size: A pelvis that is too small or misshapen can make vaginal delivery challenging, increasing the risk of oxygen deprivation (asphyxia) and birth trauma.
- Difficult labor or delivery: When the baby is in an awkward position, or the cervix does not dilate properly, labor can become prolonged and complicated, leading to potential injuries.
- Prolonged labor: Labors lasting more than 18 hours put excessive pressure on the baby’s head and increase the risk of oxygen deprivation and other complications.
Doctors should closely monitor these maternal risk factors to help reduce the chances of a birth injury and ensure a smoother delivery process.
Infant risk factors
Certain conditions related to the baby’s size, development, and position can also make delivery more difficult, increasing the risk of birth injuries.
Risk factors in the baby that can cause complications include:
- Abnormal fetal position: Babies in breech (feet- or buttocks-first), transverse (sideways), or other non-head-first positions have a higher risk of complications that can lead to birth injuries.
- Large birth weight (macrosomia): Babies over 8 pounds, 13 ounces may have difficulty passing through the birth canal, increasing the risk of shoulder dystocia and other birth trauma.
- Prematurity (born before 37 weeks): Premature babies have weaker muscles and an underdeveloped nervous system, making them more vulnerable to injury during delivery.
When these risk factors are present, health care providers may need to adjust their delivery approach to minimize potential harm and ensure the safest possible outcome for both mother and baby.
Birth injury diagnosis
Some birth injuries are identified at birth, while others may not become noticeable until months or even years later.
Parents may see delays in movement, speech, or development but not know the cause.
Doctors use a variety of tests to detect possible birth injuries, including:
- Apgar test: Evaluates heart rate, muscle tone, reflexes, breathing effort, and skin color. A low score may signal potential health concerns
- Neuroimaging scans: MRI (magnetic resonance imaging) and CT (computed tomography) scans help identify brain injuries, including HIE and other forms of birth-related brain damage
- Umbilical cord blood gas analysis: Measures oxygen and carbon dioxide levels in the baby’s blood to detect signs of oxygen deprivation, which can lead to HIE or other complications
If your child is struggling with developmental delays, muscle stiffness, or feeding difficulties, you may not know what caused it.
Our registered labor and delivery nurses can help answer your questions and concerns, giving you a clearer understanding of what happened and what steps to take next.
Talk to a nurse today for free.
Kristin Proctor, RN
Registered Nurse for 20+ Years
Birth injury treatment
Treatment for a birth injury varies based on a child’s specific needs. Some children require minimal care, while others need long-term medical intervention.
For example, children with birth injuries that affect muscle control may need ongoing cerebral palsy treatment to manage symptoms and improve mobility. Learn more below.
Therapy
Therapy is a common approach to birth injury treatment. Options like cerebral palsy physical therapy or aquatic therapy can help children with muscle tone, mobility, and coordination challenges by strengthening and loosening muscles.
Occupational therapy supports daily tasks like eating, dressing, and brushing teeth, while speech therapy helps children with communication delays.
Medications
Doctors may prescribe muscle relaxants, anti-seizure drugs, or anti-inflammatory medications depending on a child’s specific needs.
For example, certain cerebral palsy medications can help manage pain, spasticity, seizures, and other complications associated with birth injuries.
Assistive devices
Children with mobility challenges may benefit from cerebral palsy assistive devices such as crutches, wheelchairs, or leg braces. In more severe cases, adaptive equipment like breathing support or catheters may be necessary to improve quality of life.
Surgery
Some birth injuries require surgical procedures to treat brain bleeds, blood clots, or seizures. Treatments like Burr Hole surgery for infant hematomas can be critical in preventing further complications.
For babies with CP, therapy, medication, and assistive devices are not enough. Cerebral palsy surgery may help address muscle tightness, joint deformities, or nerve damage.
These procedures can be costly, but compensation from a lawsuit may help cover medical expenses, therapy, and long-term care.
Get a free case review right now to learn about your legal options.
Birth injury prevention
While birth injuries cannot always be prevented, parents can take steps to lower the risk for their unborn child. Taking precautions during pregnancy and delivery may help prevent cerebral palsy and other birth injuries.
Get regular prenatal care
Receiving care from an experienced obstetrician helps reduce the risk of birth injuries. Routine checkups allow doctors to monitor both the mother and baby, manage health conditions, and address potential complications early.
Take prenatal supplements
Folic acid supplements can lower the risk of neural tube defects, which may lead to serious birth defects like spina bifida and anencephaly.
Understand risk factors
Doctors should inform parents about potential risk factors, including genetic conditions and pregnancy complications, to help ensure a safer delivery.
Birth injury prognosis
A birth injury prognosis is a doctor’s assessment of how a child’s condition may progress over time. While some birth injuries are mild and allow for a full recovery, others can lead to lifelong disabilities that require extensive medical care.
A child’s long-term outlook largely depends on these 3 factors:
- Type of birth injury: Some conditions, like Erb’s palsy, may improve with therapy, while others, like cerebral palsy, often require lifelong care
- Severity of the injury: Mild cases may allow for significant improvement, while severe injuries can cause permanent impairments
- How quickly treatment begins: Early intervention can improve mobility, speech, and overall quality of life
For families facing a challenging prognosis, financial support can make a critical difference. A skilled birth injury lawyer may be able to help you access compensation for medical care, providing a better future for your child.
Birth injury prognosis statistics
According to a study conducted by the Cerebral Palsy Alliance Research Institute and the University of Notre Dame School of Medicine in Sydney, Australia, the following statistics were gathered based on a sample of children with cerebral palsy.
- 75% experienced pain due to their condition.
- 50% had an intellectual disability.
- 33% could not walk.
- 25% had epilepsy.
- 33% had a hip displacement.
- 25% of children with cerebral palsy could not talk.
- 25% had some sort of behavior disorder.
- 25% had issues controlling their bladder.
- 20% of children had a sleep disorder.
- 20% of children experienced problems with drooling.
- 10% were blind.
- One in every 15 children with cerebral palsy required tube feeding.
- One in every 25 children was deaf.
Get legal help for preventable birth injuries
Many families feel overwhelmed and unprepared to pay for the costs of care that come with raising a child with a birth injury. However, there are options to help families cover treatment costs and other expenses.
If you suspect your child’s condition could have been avoided, you may have a direct pathway to accessing the financial support your family needs and deserves.
Cerebral Palsy Guide partners with top lawyers and law firms who can help families in all 50 states. Together, they have recovered over $1 billion for families affected by preventable birth injuries.
Call our trained patient advocates at (855) 220-1101 or get a free case review right now to find out your options.
