Birth Injury Lawyer
What constitutes a birth injury?
Childbirth is a deeply personal journey. Sometimes, unforeseen complications arise, leaving lasting physical and emotional impacts on both mothers and babies. From prenatal care to delivery and postpartum, unplanned events can lead to health complications — childbirth-related injuries can be temporary or last a lifetime.
Seven in 1,000 newborns may experience permanent emotional, cognitive, or physical disabilities due to birth injuries. Many times, these are preventable. Studies further reveal that 85% of mothers who had severe injuries during birth felt less connected to their children — showing the impact birth injuries can have on motherhood and family dynamics.
What is a birth injury?
A birth injury is any physical damage caused to the mother or baby during delivery. Excessive pressure in the birth canal, lack of oxygen, challenging fetal positions, and vacuum- and forceps-assisted delivery are known to injure newborns.
Mothers may suffer physical injuries due to trauma caused to the perineal area. Birth injuries in newborns may include swelling and bruising, broken or impacted bones, internal bleeding, nerve damage, and more. While some injuries resolve on their own, others may require lifelong care and medical treatment.
Long-term conditions include:
- Cerebral palsy
- Hypoxic-Ischemic Encephalopathy (HIE)
- Caput succedaneum
- Hearing loss
- Facial paralysis
7 in 1,000
newborns may experience permanent disabilities due to birth injuries
85%
of mothers with severe birth injuries felt less connected to their children
45%
of women report a traumatic birth experience
4-6%
of mothers develop post-traumatic stress disorder (PTSD) after delivery
Signs and symptoms of birth injuries
Bulging fontanel
Bulging of the fontanels or “soft spots” on a baby’s head is a sign of pressure inside the skull, associated with head trauma, brain bleeds, meningitis, and other conditions.
Seizures
About half of babies who experience neonatal seizures — especially 48 hours after delivery — develop epilepsy later in life. Seizures tied to brain injuries can result in cerebral palsy and other neurological disorders.
Very high-pitched crying
Infants cry to communicate. But persistent crying, fussiness, or irritability that won’t resolve might be a warning sign of a birth injury.
Light sensitivity
Discomfort around bright lights or sunshine is a possible marker for brain damage. Babies may cry or fuss when exposed to light or develop sensitivities that make concentration challenging later in life.
Lethargy
Compression and pressure on an infant’s brain can prompt lethargy. Infants may find it hard to wake for feedings and struggle to stay alert to sounds and visual stimulation.
Hearing loss
Birth asphyxia and hypoxia often contribute to inner ear damage, hearing loss, and “nerve deafness.”
How are birth injuries diagnosed?
It is difficult for medical professionals to provide a definitive diagnosis after birth unless the injuries are easily recognizable. Many injuries develop later; however, the following functional tests may allow for early intervention and preliminary detection in some cases.
Apgar Score
Brain Imaging
Umbilical Cord Blood Gas Analysis
A cord blood gas analysis measures the infant’s metabolic condition during delivery, helping identify babies at risk for neonatal encephalopathy.
What causes birth injuries?
Prenatal Care
Prenatal care is preventative — meant to reduce risks during pregnancy and delivery. Inattentive providers might fail to notice and treat conditions like infant infections, unidentified fetal distress, or delayed births. Physicians might also recommend unsuitable medications, leading to neurodevelopment disorders. Many women of color from low-income backgrounds also suffer from implicit bias and health inequities, resulting in severe maternal morbidity.
Delivery
The birthing process itself can pose risks, with complications arising from both natural forces and unforeseen emergencies. If a doctor pulls a baby too hard out of the birth canal, it could lead to cervical dystonia. Umbilical cord prolapse can also happen when the cord rushes past the baby through the cervix.
Postpartum Care
After delivery, mothers may experience pelvic floor damage, tearing, Caesarean wounds, and/or injuries to the perineal area.
Forceps delivery injuries
Doctors use forceps to intervene during complicated deliveries. Unfortunately, inappropriate use can be the source of common delivery injuries:
- Cerebral palsy
- Newborn bruising
- Skull fractures
- Cuts to the face and head
- Facial palsies
- Brain damage or traumatic brain injuries
- Broken bones
Vacuum extraction injuries
Vacuum delivery requires significant vaginal stretching so the baby can safely exit the birth canal. There are several drawbacks to this method:
- Newborn cephalohematoma — a bruised bump on the scalp that puts some infants at risk of neonatal jaundice.
- Erb’s palsy — paralysis of the arm caused by injury to the brachial plexus nerves.
- Retinal hemorrhages — bleeding from a damaged blood vessel, occurring in 75% of infants delivered by vacuum extraction.
- Cerebral palsy — a group of disorders affecting movement, balance, and posture when a vacuum is inadequately used.
- Intracranial hemorrhage — broken vessels that leak into the brain due to vacuum traction and injured veins.
Common Types
The most common types of birth injuries
Physical birth injuries
- Erb’s palsy
- Cerebral palsy
- Hypoxic-ischemic encephalopathy
Infections after birth
- Infant meningitis
- Group B strep infection (GBS)
- Infant chorioamnionitis
- Maternal infections like chicken pox, rubella, syphilis, and listeriosis that affect pregnant women and fetuses
What is a traumatic birth?
Birth trauma is an unexpected childbirth experience usually caused by events beyond a mother’s control. About 45% of women have a traumatic birth experience, and about four to six percent develop post-traumatic stress disorder (PTSD) after delivery. Examples include:
- Childbirth complications in mothers, such as excessive bleeding or vaginal tears
- Postpartum issues like perineal or pelvic floor damage
- Aggressive forceps and vacuum-assisted intervention that results in birth injuries
- Infant head and brain injuries due to a difficult delivery or medical negligence
- Increased bruising from birth that escalates the risk of newborn jaundice
For Mothers
Common birth injuries for mothers
Physical injuries
- Injuries to the perineal area
- Injuries to the pelvic floor
- Muscle damage within the pelvic area
- Nerve damage like numb areas of skin on the leg and limited muscle weakness
- Obstetric fistula in the birth canal, bladder, or rectum
- Pelvic organ prolapse
How birth injury affects mothers
Many women struggle with physical injuries and mental health conditions that compromise their well-being postpartum. Postnatal PTSD and depression are very common among new mothers, who may experience:
- Nerve damage
- Pudendal neuralgia (long-term pelvic pain)
- Incontinence
- Painful sexual intercourse
- Rectovaginal fistula
These injuries can make it difficult — sometimes impossible — to return to work and financially support a family. Mothers have legal rights and an opportunity for recourse with the help of a birth injury lawyer.
Interventions for a newborn with a birth injury
Frequently Asked Questions
Birth Injury Lawsuits: FAQs
How is a birth injury defined?
What are the common causes of birth injuries?
In the unfortunate event you or your child is injured during the birthing process, there are many possible causes, such as the failure to:
- Plan for complicated or high-risk delivery
- Diagnose potential problems before delivery
- Asses possible problems the umbilical cord may cause
- Prepare for an emergency C-SectionIdentify and prevent preterm birth
- Diagnose maternal medical conditions
- Administer drugs and medications properly
- Properly use delivery instruments such as forceps and vacuum extractors
Is there a limited time after my accident for me to take legal action?
Talk to a birth injury lawyer today
Mothers and children who suffer from long-term birth injuries face more hurdles throughout their lives, especially when such injuries disrupt critical aspects of child development. Raising a child with an injury-related disability requires a significant time and financial investment.
At Constant Legal Group, our birth injury lawyers have a proven track record of success in handling similar cases and can help your chances of recovering the fullest possible compensation for your or your child’s birth injuries. Contact us to discuss your case.
- Your information is confidential. You don't pay unless we win.
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