Questions?What Is a Birth Injury?
A birth injury (also called birth trauma) is any type of physical harm to a baby before, during, or shortly after delivery.
Many newborn babies suffer minor injuries during the delivery process that heal by themselves or can be managed with prompt and proper care. Unfortunately, a severe birth injury often has no cure, and your child may have a physical or intellectual disability for the rest of their life.
Some birth injuries cannot be avoided, but others happen because of mistakes made by doctors, nurses, or midwives during childbirth. In these cases, it may mean medical malpractice occurred.
“Negligence during childbirth can involve missing signs of distress, delaying a needed C-section, or using too much force when guiding a baby out.”
– Ricky LeBlanc, Birth Injury Lawyer at Sokolove Law
Alarmingly, medical professionals are known to downplay their role in birth injuries. Some even try sweeping mistakes under the rug.
Families who suspect something went wrong during childbirth should trust their instincts. Consulting an experienced birth injury lawyer can help protect your child’s future.
The Birth Injury Justice Center works with leading attorneys who can help families in all 50 states. As of 2026, they’ve secured over $1 billion for families affected by birth injuries. Find out if we can help you — get a free case review now.
Signs Your Baby May Have Been Injured at Birth
Some birth injuries have obvious symptoms right away, but others take time to show up. Many parents leave the hospital thinking everything is fine, only to notice changes days, weeks, or months later.
Certain situations may point to complications during childbirth, including:
- Breathing problems at birth or shortly after: Your baby suffered oxygen loss (asphyxia), needed help breathing, or was slow to cry after delivery
- Cooling treatment after birth: Your baby was placed on a cooling blanket to protect the brain after oxygen loss
- Feeding difficulties: Trouble sucking, swallowing, or staying awake long enough to eat
- NICU stay: Your baby needed specialized care in the neonatal intensive care unit, especially for breathing, infections, or monitoring
- Seizures or unusual movements: Jerking, stiffening, or periods of unresponsiveness in a newborn
- Slower development over time: Missing milestones like rolling over, sitting up, or making eye contact
These signs do not always mean birth injury negligence occurred. However, they can be early indicators that something may have gone wrong during labor or delivery.
What Causes Birth Injuries?
The causes of birth injuries include factors related to the baby’s or mother’s health and complications during labor and delivery. In some cases, these injuries happen when warning signs are missed or care is delayed.
These are common causes of harm during childbirth:
- Baby’s health and position: Breech (buttocks- or feet-first) delivery, decreased blood flow (ischemia), infection, or oxygen deprivation (hypoxia)
- Maternal health conditions: Diabetes, infections, obesity, or the shape of the mother’s pelvis
- Labor and delivery complications: Prolonged labor, umbilical cord problems, or difficulty safely delivering the baby
- Birth injury medical negligence: Failing to detect fetal distress, not diagnosing serious conditions, improper medication use, or using too much force during delivery
Sometimes, medical professionals do not uphold the standard of care and cause preventable harm. When this happens, a birth injury may be the result of childbirth malpractice.
“Our team can review your child’s birth records to help identify what may have gone wrong and whether it’s connected to the symptoms you’re seeing today. We can then determine whether medical negligence may have played a role.”
– Beth Carter, RN, On-Staff Legal Nurse Consultant Certified
Birth Injuries and Medical Malpractice
Delivery teams are trained to respond to complications quickly and safely — even in emergency situations. However, when medical professionals fail to meet the standard of care, preventable harm can occur.
Here are several situations that may involve birth injury malpractice:
- Delayed response to delivery complications: Failing to perform a timely C-section or not acting on clear warning signs can lead to oxygen loss or physical trauma
- Failure to monitor the baby during labor: Missing or misreading changes in heart rate or oxygen levels may prevent timely intervention when the baby is in distress
- Misuse of delivery tools: Incorrect use of forceps or vacuum extractors can result in bleeding in the brain, skull fractures, or seizures
- Poor care after birth: Delays in helping a baby breathe or starting resuscitation can increase the risk of long-term injury
- Unsafe delivery techniques: Using excessive force or poor positioning can cause brachial plexus nerve damage, fractures, or spinal injuries
If your child was harmed after a complicated childbirth, you may be eligible for compensation. This money can help cover the costs of providing top-quality care for your child throughout their lifetime.
Find out if you may be eligible by getting a free case review.
Birth Defect vs. Birth Injury
The key difference between birth defects and birth injuries is how and when they develop. Learn more below.
What Are Birth Defects?
A birth defect usually forms while a baby is still in the womb. Birth defects typically develop within the first 3 months of pregnancy, according to the Centers for Disease Control and Prevention (CDC).
Factors like family medical history, maternal health conditions, smoking, alcohol, or drug use may increase the risk of birth defects.
What Are Birth Injuries?
Birth injuries are conditions that occur before, during, or soon after birth, often due to physical trauma. For example, excessive force during delivery can cause a birth injury like head trauma.
Watch our short video to learn more about birth injuries in newborns.
Birth injuries are caused by physical harm during childbirth. If your child’s injury was avoidable, you may be able to get financial aid for care.
Duration: 1 min 11 sec
Common Birth Injuries Linked to Medical Negligence
There are many different types of birth injuries, ranging from mild conditions that heal on their own to severe injuries that can affect a child for life. While some complications are unavoidable, others are linked to mistakes made during labor and delivery.
Birth Injury Linked to Brain Damage
Trauma at birth that causes newborn brain injuries is often the most serious and can lead to long-term neurological and physical impairments.
Conditions linked to brain damage include:
- Cerebral palsy (CP): Often caused by brain damage during childbirth, affecting movement, muscle control, and development
- Hydrocephalus: A buildup of fluid in the brain that can occur after bleeding or infection; in some cases, it may be linked to complications during birth
- Hypoxic-ischemic encephalopathy (HIE): Caused by a lack of oxygen and blood flow during birth, which may lead to seizures, feeding issues, and developmental delays
- Intraventricular hemorrhage (IVH): Bleeding in the brain shortly after birth that can result in permanent brain damage in severe cases
- Kernicterus: A preventable condition caused by untreated jaundice, leading to brain damage and movement disorders
- Periventricular leukomalacia (PVL): Damage to the brain’s white matter due to reduced oxygen or blood flow
If your child suffered a brain injury at birth, a free case review can help you understand what happened and if your child’s injury may have been preventable.
Birth Injury Linked to Nerve Damage
Nerve damage during delivery can affect a child’s ability to move, feel, or control certain parts of their body. These injuries are often associated with difficult deliveries or excessive force.
Conditions linked with nerve damage include:
- Erb’s palsy: A type of brachial plexus injury causing weakness or paralysis in the arm or shoulder
- Horner syndrome: Nerve damage affecting the eye and surrounding muscles, often causing drooping eyelids
- Klumpke’s palsy: A more severe form of nerve damage affecting the lower arm and hand
In many cases, these injuries occur when a baby’s shoulders become stuck in the birth canal or when too much force is used during delivery.
“If something doesn’t feel right, trust your gut. Parents know their babies better than anyone else, so take note of what you are seeing and any concerns you may have.”
– Beth Carter, RN, On-Staff Legal Nurse Consultant Certified
Infections Linked to Birth Injury in Newborns
Certain infections during pregnancy or delivery can seriously affect a baby’s health, especially if they are not properly treated.
Infections linked to birth injuries include:
- Chorioamnionitis: An infection of the placenta and amniotic fluid that can spread to the baby and cause brain damage or premature birth
- Group B strep (GBS): A bacterial infection that can lead to sepsis, meningitis, or seizures if not treated during labor
- Maternal infections: Untreated infections in the mother can trigger inflammation that affects the baby’s brain
- Meningitis: A serious infection that can lead to brain damage, cerebral palsy, or death
When infections are missed or not treated in time, the risk of serious complications increases.
Other Situations Linked With Birth Complications
Some birth-related conditions are linked to complications during delivery or mistakes in medical care.
These situations are often linked to birth injury in babies:
- Meconium aspiration syndrome (MAS): Occurs when a baby inhales stool during birth, leading to breathing problems or lung damage
- Shoulder dystocia: When a baby’s shoulder becomes stuck during delivery, increasing the risk of nerve damage and other injuries
- Skull fractures: Often caused by pressure or improper use of delivery tools
- Spinal cord injuries: Can occur if too much force is used on the baby’s head or neck during delivery
Some of these conditions resolve with proper care. Others may lead to long-term complications, especially if they are not recognized and treated quickly.
If you suspect your child’s birth injury could be linked to a mistake made during childbirth, connect with our labor and delivery nurses now.
They can listen to your story and talk with you about what may have happened to your child.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
Talk to A Nurse Now
Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Can You Sue for a Birth Injury?
Yes, you may be able to file a birth trauma lawsuit if your child was harmed due to a medical mistake before, during, or shortly after delivery.
Taking legal action can help families secure the money needed for ongoing medical care and long-term support. This financial assistance can make it possible to provide the best care for a child throughout their life.
“Some families have received over $1 million from birth injury lawsuits, though it varies wildly based on the injury and how it may affect the child throughout their lifetime.”
– Ricky LeBlanc, Birth Injury Lawyer at Sokolove Law
There’s a strict time limit to file childbirth injury claims called the statute of limitations, and it varies by state. These timelines can be as short as 1 year or extend several years, depending on where the birth occurred.
Waiting too long can limit your ability to file a birth injury claim. If you suspect your child’s injury may have been preventable, get a free case review right now to help protect your legal rights.
Birth Injury Lawsuit Compensation
The cost of caring for a child with a birth injury is often far more than most families expect. Birth injury settlements and trial verdicts may provide financial support for long-term needs.
Compensation from a birth injury claim may help cover:
- Medical expenses: Costs for hospital care, surgeries, medications, and ongoing treatment
- Therapies and rehabilitation: Physical therapy, occupational therapy, and speech therapy to support development
- Adaptive equipment: Wheelchairs, communication devices, and other tools to improve quality of life
- Long-term care needs: In-home care, specialized education, and lifelong support services
- Lost earning potential: Financial support if your child is unable to work in the future
Birth injuries compensation varies depending on the severity of the injury and how it affects your child’s life.
A birth injury lawsuit can provide the financial support needed to give your child the best possible care and quality of life.
Get Legal Help for Birth Injuries
If you suspect your child’s birth injury was caused by a medical mistake, consider seeking guidance from a skilled birth injury lawyer.
An attorney with experience in birth injury law can review what happened during pregnancy and delivery, work with medical experts, and help determine if the injury may have been preventable.
“The sooner we can get involved, the better chance we have of gathering important medical evidence. You deserve answers, and we’ll help you get them.”
– Ricky LeBlanc, Birth Injury Lawyer at Sokolove Law
We work with experienced birth injury lawyers who can help families in all 50 states.
Our legal partners have secured more than $1 billion for families affected by preventable birth injuries, and they may be able to help you, too.
Call us at (800) 914-1562 right now or fill out our case review form to see if we may be able to help you seek the justice and compensation your family deserves.
Birth Injury FAQs
A birth injury is physical harm to a newborn during the birthing process. Birth injuries vary from minor to severe. Depending on the severity, birth injuries can cause lifelong disabilities.
Traumatic birth effects on a baby can include nerve damage, breathing difficulties, skull fractures, and oxygen deprivation, which may lead to long-term health issues.
Some birth injuries result from medical malpractice, which means families may have legal options that could lead to financial compensation. See if you may qualify — get a free case review right now.
The most common cause of birth injury is physical pressure during the birthing process. This can happen when the baby is larger than average (fetal macrosomia), in a breech (buttocks- or feet-first) position, or when labor is long or difficult.
However, delivery teams are trained to deliver babies safely under various circumstances. When they don’t, families may be able to sue for birth injuries.
Many birth injuries are out of the control of parents or doctors. However, some injuries are preventable and may be the fault of the obstetrician or other medical professionals caring for the mother and baby.
If you suspect your child’s birth injury was caused by medical negligence, you may be able to file a birth injury lawsuit and hold accountable the health care professionals who cared for you and your child.
Call us right now at (800) 914-1562 or Click to Live Chat to find out if our team can help you get started.
Birth injuries can lead to both short-term and long-term complications. Some babies may experience temporary issues like bruising or swelling, while others may face permanent conditions such as cerebral palsy, nerve damage, or developmental delays.
An intellectual disability is a condition that affects a person’s ability to learn, reason, and handle daily tasks. It typically starts before age 18 and can vary in severity.
Whether or not your child fully recovers depends on the type and severity of their birth injury. Some children may be able to fully recover from mild birth injuries. However, more severe cases involving brain or spinal cord damage may cause permanent disabilities.
