Birth Injuries

Birth injuries are physical harm sustained by a newborn during the labor and delivery process. While some birth injuries are unavoidable complications of a difficult delivery, many are caused by medical negligence — the failure of healthcare providers to meet the accepted standard of care during pregnancy, labor, delivery, or the immediate postnatal period.

The most devastating birth injuries involve oxygen deprivation to the baby's brain, a condition known as birth asphyxia or hypoxic-ischemic encephalopathy (HIE). When the brain is deprived of adequate oxygen for even a few minutes, the resulting damage can cause cerebral palsy, intellectual disabilities, seizure disorders, and other permanent neurological conditions. Common causes of birth asphyxia include umbilical cord complications (such as a prolapsed or compressed cord), placental abruption, uterine rupture, and prolonged or obstructed labor.

Fetal monitoring is the primary tool for detecting fetal distress during labor. Electronic fetal heart rate monitors track the baby's heart rate patterns, and certain patterns — such as late decelerations, variable decelerations, and decreased variability — indicate that the baby may not be receiving adequate oxygen. When these warning signs appear, the medical team is expected to take prompt action, which may include repositioning the mother, administering oxygen, stopping labor- inducing medications, or performing an emergency cesarean section. Failure to properly interpret or respond to fetal monitoring strips is one of the most common allegations in birth injury malpractice cases.

Physical birth injuries can also result from the use of excessive force during delivery or the improper use of delivery instruments such as forceps and vacuum extractors. Erb's palsy (brachial plexus injury) occurs when the nerves in the baby's neck and shoulder are stretched or torn during delivery, often when a physician applies excessive lateral traction to resolve shoulder dystocia. Proper management of shoulder dystocia involves specific maneuvers — such as the McRoberts maneuver and suprapubic pressure — rather than brute force.

Birth injury cases are among the most complex and high-value medical malpractice claims. They require extensive expert analysis of medical records, fetal monitoring strips, and the child's developmental trajectory. Because many birth injuries result in lifelong disabilities requiring decades of medical care, therapy, and support, the potential damages are often substantial.