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 doctor, nurse, 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)
- Jaundice and kernicterus (brain damage by excess bilirubin waste from cell breakdown)
- Newborn cephalohematoma
- Shoulder dystocia (shoulder stuck behind pelvis during delivery)
- 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 & Firm Client
These injuries don’t just “happen.” In many cases, they’re the result of bad decisions or a failure to act when it mattered most.
Now, your child may need lifelong care, something many families struggle to afford.
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 whether your child’s 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 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 to deliver a baby 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 if medical malpractice may have been involved. Contact us now.
“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
Real Results. Life-Changing Impact.
Birth injury cases aren’t just about money — they’re about justice, healing, and hope for the future. It is 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. 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/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.
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.
Past Birth Injury Settlements & Verdicts
- Over $10 million for a child in Pennsylvania diagnosed with cerebral palsy
- $8 million on behalf of a New York child with a vacuum extractor injury
- $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
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.
Frequently asked questions
How common is injury from childbirth?
About 7 in every 1,000 babies born in the United States suffers a birth injury, which adds up to about 30,000 babies each year.
What is the most common type of birth injury?
A head injury is the most common type of birth injury, according to Merck Manual. While these injuries are often minor, they can cause permanent disabilities in some cases.
Types of head injuries from birth trauma include:
- Caput succedaneum: Swelling of the baby’s scalp after delivery
- Cephalhematoma: Pooling of blood under the scalp
- Skull fractures: A break in one or more skull bones
- Subgaleal hemorrhage: Active bleeding between the scalp and skull
Head injuries are sometimes caused by medical mistakes made by the labor and delivery team. When that’s the case, medical professionals may be held responsible for the harm they caused.
How do you know if a baby has had birth trauma?
A baby might have had birth trauma if they exhibit physical signs, such as bruising or swelling on the head, feeding problems, or excessive crying.
A difficult delivery increases the chances that a child may have experienced birth trauma. A health care provider can assess your child and provide a diagnosis, so they can get the care they need.
Birth trauma symptoms can be subtle and may not appear until months or years after a child has been born. A labor and delivery nurse can help figure out if your baby may have suffered an injury — at no cost to you.
Written by: Her Case Matters
At HerCaseMatters, we believe women deserve to be heard — especially when it comes to their health and safety. Too often, harmful drugs, devices, and corporate wrongdoing impact women’s lives without proper warning, support, or accountability. We’re here to change that. We work with trusted legal partners who are deeply experienced in holding powerful companies accountable. But more than that, we’re here to remind women everywhere that their pain is real, their experiences matter, and they deserve justice.
