Birth injuries range from mild and treatable to more severe and permanent. In this article, we’ll define the term “birth injury,” give examples of some of the most common types of birth injury, and go over possible causes of birth injuries. 

Key Takeaways

• Birth injury is harm to a baby before, during, or shortly after delivery 
• Some birth injuries heal by themselves while others are more serious and can lead to lifelong complications
• Examples of birth injuries include cerebral palsy, stillbirth, jaundice, and more
• Causes of birth injury include infection, use of forceps, breech position, and more
• Birth injuries can also be caused by negligence on the part of the medical team
• Mistakes that can lead to birth injury include failure to treat infection, improper medication, failure to determine the need for Cesarean section, and more
• Parents of babies whose birth injuries were caused by medical malpractice may be entitled to compensation 

What Is Birth Injury?

Birth injury is harm to a baby before, during, or shortly after delivery. Minor injuries during childbirth are not uncommon. Generally, these heal by themselves and do not require treatment. Other birth injuries, however, are more serious, requiring prompt treatment in order to make a full recovery. The most serious birth injuries do not have a cure and can lead to lifelong disability. 

Types of Birth Injuries

Birth injuries range in nature, severity, and duration. Some of the most common birth injuries include:

• Brain damage - Occurring when a baby suffers a serious head injury during delivery, brain damage can lead to neurological and physical impairments and be caused by brain bleeding, asphyxia, infection, umbilical cord choking, and more.

• Cerebral palsy - Most often caused by brain injury during birth, cerebral palsy affects a person's muscle control and can cause speech and developmental delays.

• Erb’s palsy - Caused by damage to the brachial plexus nerves during childbirth, Erb’s palsy is characterized by paralysis of the hand, arm, or shoulder. 

• Hypoxic ischemic encephalopathy (HIE)  - HIE occurs when a baby suffers from a lack of oxygen and blood flow during birth.

• Intrauterine fetal demise - Also called stillbirth, fetal death before birth occurs in 1 out of every 100 pregnancies each year in the United States.

• Jaundice - Caused by high levels of bilirubin in the blood, jaundice causes a baby's skin and eyes to appear yellow in color.

• Kernicterus - Caused by untreated jaundice, kernicterus happens when bilirubin begins to collect in the brain.

• Newborn cephalohematoma - Occurring when bleeding in the skull causes blood to pool around the tissue surrounding the brain, newborn cephalohematoma can lead to seizures, brain damage, and depressions in the head.

• Spinal cord injury - Usually caused by a doctor pulling on a baby’s spine during delivery, spinal cord injuries can reduce a baby’s sense of touch and ability to move.

Causes of Birth Injury

Birth injuries can be caused by a wide variety of factors including:

• Infection
• Hypoxia
• Ischemia
• Breech position
• Abnormal shape of the birthing parent’s pelvis
• Gestational diabetes
• Use of forceps
• Use of vacuum extraction

Birth injuries can also be caused by medical malpractice, or mistakes on the part of the healthcare professionals involved in childbirth. The following mistakes can cause birth injuries:

• Failure to detect and treat infection
• Improper medication
• Improper use of forceps and other instruments
• Failure to determine the need for a Cesarean section
• Failure to detect problems with the umbilical cord
• Failure to detect potential issues with the birthing parent, baby, or difficult labor

Birth Injury Law

When a doctor’s negligence leads to birth injury, it is considered medical malpractice. Parents whose babies have birth injuries and complications caused by medical malpractice may be entitled to compensation for their medical expenses, pain, and suffering. 

If you are interested in learning more about legal action for birth injuries, it is recommended that you speak to an experienced birth injury lawyer who will be able to help you determine if you have grounds for a case, as well as navigate any case that you do decide to pursue.