You Did Everything Right — But Your Doctor Didn’t.

What Is a Birth Injury?

A birth injury happens when something goes wrong during pregnancy, labor, or delivery, and the baby is harmed as a result. While some injuries are unavoidable, others happen because a health care provider or hospital made a preventable mistake.

Some of the most common birth injuries tied to medical malpractice include:

• Birth asphyxia (oxygen deprivation)
• Brain damage
• Cerebral palsy
• Erb’s palsy (brachial plexus palsy)
• Shoulder dystocia
• Skull fractures
• Spinal cord injuries
• Umbilical cord problems
• Wrongful death

“During the birth of our baby, things went very wrong. We asked for a C-section, but it was refused. A vacuum was used, leading to serious brain bleeding, and our baby ultimately passed away. They were a huge help in navigating this complicated and painful process.”
– Indiana parent who worked with one of our legal partners

These injuries don’t just “happen.” In many cases, they’re the result of bad decisions or a failure to act by medical professionals when it mattered most.

Now, your child may need long-term care, which many families struggle to afford. Get a free case review to see if we can help you get the financial support you need and deserve.

What Is the Difference Between a Birth Injury and a Birth Defect?

These terms sound similar, but they don’t mean the same thing. The difference matters.

A birth defect usually develops during pregnancy. It may be caused by genetics, environmental factors, or conditions that form before labor ever begins. In many cases, no one could have prevented it.

A birth injury happens before, during, or shortly after delivery. It can occur when a doctor or medical team fails to respond appropriately to signs of distress, delays necessary treatment, or doesn’t follow established safety protocols.

That distinction is important. If an injury occurred because proper care wasn’t given, it may raise serious questions about medical negligence and whether the harm could have been avoided.

Types of Birth Injuries in Newborns

Birth injuries can affect children in different ways, depending on what happened during labor or delivery and how the body was impacted. Some injuries are mainly physical. Others affect the brain, nervous system, or development over time.

Below are some of the more common types of birth injuries:

• Brachial plexus injuries like Erb’s palsy, a nerve injury affecting the shoulder, arm, or hand
• Brain damage, often caused by trauma or lack of oxygen during a difficult delivery
• Caput succedaneum, a swelling of a newborn’s scalp caused by pressure during delivery, sometimes associated with prolonged labor or the use of delivery tools
• Cerebral palsy, a group of conditions that affect movement, muscle tone, and posture
• Fractures, such as broken collarbones or other bones injured during the birthing process
• Hypoxic-ischemic encephalopathy (HIE), a serious brain injury caused by reduced oxygen and blood flow
• Injuries tied to the use of forceps or vacuum extractors, which are sometimes used to help deliver a baby from the birth canal during a vaginal birth
• Intracranial hemorrhage, or bleeding in or around the brain
• Jaundice and kernicterus, brain damage caused by excess bilirubin waste from cell breakdown
• Shoulder dystocia, a delivery complication where a baby’s shoulder becomes lodged behind the mother’s pelvis, increasing the risk of nerve damage, oxygen deprivation, and other injuries
• Spinal cord injuries, which can affect movement, sensation, or breathing

Some birth injuries are identified right away. Others may not become clear until a child misses developmental milestones or begins to show physical or intellectual challenges.

Regardless of the diagnosis, what matters most is understanding how the injury happened and what support your child will need moving forward.

Causes of Birth Injuries

Birth injuries don’t happen in isolation. They often occur during critical moments when medical decisions need to be made quickly and correctly.

During labor and delivery, doctors and nurses are trained to monitor both mother and baby for signs of distress. When those signs are missed, misread, or not acted on in time, a baby can suffer serious harm.

Birth injuries may be associated with situations such as:

• Delayed response to complications or emergencies
• Excessive force used during a difficult labor
• Failure to properly monitor the baby’s heart rate or vital signs
• Interrupted oxygen flow before or during delivery
• Poor coordination or communication among the care team

Some complications truly can’t be prevented. But others raise difficult questions, especially when established safety protocols weren’t followed. Understanding how your child was injured is often the first step toward understanding why.

How Do I Know If It Was Medical Malpractice?

Doctors don’t always admit when something went wrong. And hospitals don’t exactly volunteer to take responsibility. That’s why so many women are left asking, “Was this just bad luck or was this preventable?”

It’s natural to wonder if your child’s birth injury could have been avoided. Please know you have a right, if not an obligation, to ask these hard questions. You’re standing up for your child and fighting for their future.

A qualified birth injury legal team can investigate the details of your care, consult medical experts, and uncover whether your provider failed to meet the standard of care.

And if they did? That’s not your burden to carry alone. We’re here to fight for you.

Common Examples of Birth Injury Malpractice

• A doctor fails to monitor a baby’s heart rate during labor and delivery and misses fetal signs of distress, leading the newborn to suffer a brain injury.
• An obstetrician incorrectly uses a vacuum extractor during an assisted delivery and causes bleeding in the brain.
• A physician pulls too hard on a newborn’s neck to speed up a vaginal delivery, injures the nerves for the shoulder and arm, and causes Erb’s palsy.
• An obstetrician’s poor management of a complicated pregnancy or delivery harms the newborn and the mother.

We have a team of registered nurses on staff who can help you understand what happened to your child and whether medical malpractice may have been involved.

“I’m here to listen and use my medical training and experience to help identify things that may have gone wrong during birth.”
– Kristin Proctor, Registered Nurse

Call (877) 904-7119 right now or chat with a case manager to take the first step toward the answers and justice you deserve.

Birth Injury Symptoms

You may notice birth injury symptoms shortly after birth. In other cases, though, you may sense that something isn’t quite right weeks, months, or even years later as your child grows and misses developmental milestones.

Trust your instincts. Mothers are often the first to recognize when something is wrong.

Birth injury symptoms can vary but may include:

• Delayed milestones, such as sitting, crawling, or walking
• Developmental or cognitive delays
• Difficulty breathing or the need for oxygen or resuscitation at birth
• Feeding or swallowing difficulties
• Limited use of an arm or leg, or signs of nerve damage
• Poor muscle tone, stiffness, or weakness
• Seizures, tremors, or abnormal muscle movements
• Vision or hearing problems

Some symptoms may improve with time and treatment. In severe cases, children may have a lifelong condition requiring ongoing care and support.

If you’re noticing signs that concern you, it’s important to ask questions and seek answers. Understanding your child’s symptoms can help you access appropriate care and determine whether something may have gone wrong.

Diagnosing Birth Injuries

Getting a diagnosis can feel like both a relief and a gut punch. You finally have a name for what’s happening, but knowing your child has a health issue comes with fear, uncertainty, and a lot of unanswered questions.

Some birth injuries are diagnosed shortly after delivery, especially when a baby shows clear signs of distress or neurological injury. Others aren’t identified until later, when developmental delays or physical injuries become more apparent.

Diagnosis may involve a combination of:

• Blood tests
• Brain imaging, such as CT scans or MRIs
• Developmental evaluations
• Neurological exams
• Review of labor and delivery records

Because birth injuries can affect children differently over time, diagnosis isn’t always a one-time event. It may evolve as your child grows and new symptoms emerge.

If you’re in this stage, know that seeking answers is not overreacting. A clear diagnosis can help guide treatment, secure appropriate services, and shed light on whether something went wrong during childbirth.

How Are Birth Injuries Treated?

Treatment for a birth injury depends on the type of injury, its severity, and how your child’s needs change over time. Some babies require immediate medical intervention. Others benefit from ongoing therapies and supportive care as they grow.

In many cases, treatment is not a single event but a long-term plan that evolves alongside your child.

Birth injury treatment options may include:

• Assistive devices, such as braces, mobility aids, or communication tools
• Medications to manage seizures, muscle tone, or pain
• Occupational therapy to support daily skills and independence
• Physical therapy to improve strength, movement, and coordination
• Speech and feeding therapy to address communication or swallowing challenges
• Surgical interventions to correct or reduce physical complications

Early intervention can make a meaningful difference, but even with the best care, some children will need lifelong support. That reality can feel overwhelming, both emotionally and financially.

Treatment is about more than managing symptoms. It’s about giving your child the best possible quality of life and giving your family the support you need to move forward. Get a free case review to see if we may be able to help you seek financial support.

Real Results. Life-Changing Impact.

Birth injury cases aren’t just about money — they’re about justice, healing, and hope for the future. They are also about fighting for a world without preventable injuries while working to secure your child’s financial future.

Let’s face it: Medical care is expensive, and you want your child to have the best life possible. But not every family is able to meet the costs of their child’s care without help.

Birth injury lawsuit settlements can help pay for:

• Adaptive equipment
• Home alterations and accommodations
• Lost wages or loss of earning capacity
• Medical bills
• Pain and suffering
• Physical therapy
• Special education
• Other related expenses

Compensation can help you pay for the care your child needs to live their best life and lessen the financial burden, so you can spend more time with your family.

Past Birth Injury Settlements & Verdicts

No amount of money can undo what happened, but the right legal support can ease the weight you’re carrying and secure your child’s future.

Our legal partners have secured significant settlements and verdicts for children and families harmed by preventable birth injuries. This money has helped cover medical care, therapy, assistive technology, and long-term support.

Examples of outcomes secured by our legal partners include:

• Over $10 million for a child in Pennsylvania diagnosed with cerebral palsy
• $7.8 million to a Florida family with a child who developed cerebral palsy
• $5.1 million on behalf of a Texas family with a child who suffered birth asphyxia (oxygen deprivation)
• $5 million for a child in Massachusetts who suffered a brain injury during childbirth
• $4.5 million to a child with Erb’s palsy in Illinois
• Over $4 million to a child who experienced umbilical cord strangulation and fetal distress
• $8 million on behalf of a New York child with a vacuum extractor injury

Every case is different, and past results don’t guarantee future outcomes. However, these payouts show what’s possible when families have strong legal advocates willing to fully investigate what went wrong and demand accountability.

If your child was injured during birth, you deserve to know what options may be available and whether legal action could help support your child’s future.

“Our goal is to fight for the maximum compensation available, so your child has every opportunity to thrive and your family doesn’t have to worry about how to pay for the care needed.”
– Ricky LeBlanc, Birth Injury Lawyer and Managing Attorney of Sokolove Law

Let’s Talk. No Pressure, Just Support.

You’re already doing the hardest job in the world: being a mom to a child who needs extra care. We’re here to help make that road a little easier.

If you believe a medical mistake may have hurt your child, reach out. We have registered nurses on staff who can listen to your story and explain your options. All for free and with zero obligation.

Contact our team now. Because your story matters. Your baby matters.