Birth Injuries

Here are some of the most common birth injuries. Each of these conditions represents a serious and heartbreaking outcome that, in many cases, could have been prevented during a normal birth.

Cerebral Palsy 

Cerebral palsy is the most common and often the most severe brain injury that can occur at birth.

Beyond oxygen deprivation, this condition can also result from infections, strokes, or maternal infections during pregnancy. One of the most frustrating aspects of cerebral palsy is that, in many cases, it could be prevented with proper medical care and intervention.

Some common types of medical malpractice that can lead to cerebral palsy include

• Inadequate monitoring of fetal distress and failure to take necessary action.

• Delayed performance of a C-section.

• Failure to identify and promptly address umbilical cord prolapse.

• Failure to detect, monitor, and treat maternal infections.

• Improper use of medical instruments during delivery. 

Infant cerebral palsy is sometimes mistaken for muscle diseases due to a child’s complete loss of muscle control. While this confusion is understandable for parents, a trained medical professional should never make such a serious misdiagnosis.

Although cerebral palsy affects movement, its root cause lies in the brain. Early diagnosis is essential to ensure your child receives the proper medical care and educational support.

If you believe medical negligence during birth led to your child’s condition and that doctors failed to diagnose it correctly, Alan Goodman, an experienced birth injury lawyer, can help you seek justice.

Erb’s Palsy 

Erb's palsy is a specific type of brachial plexus palsy, typically resulting from nerve damage in a baby’s upper arm. This injury often leads to lifelong weakness and loss of sensation in the affected arm. In severe cases, Erb’s palsy can cause complete paralysis of the arm.

Maternal Death

Maternal death is the most devastating birth injury outcome, yet it remains alarmingly common in the U.S. Despite medical advancements, inadequate maternal care leads to hundreds of preventable deaths each year.

Families may have legal grounds for a wrongful death lawsuit if negligence—such as failure to address foreseeable complications—contributed to the loss. While no amount of compensation can replace a mother and partner, holding healthcare providers accountable can drive improvements in training, facility procedures, and patient safety. Successful litigation not only seeks justice but also pushes for critical reforms that can help prevent future tragedies.

Hypoxic ischemic encephalopathy (HIE)

Hypoxic ischemic encephalopathy (HIE) is a severe birth injury caused by oxygen deprivation during labor and delivery, leading to brain damage. It occurs when the infant’s blood and oxygen supply is disrupted, damaging neurons and resulting in lifelong disabilities.

While some cases are unavoidable, HIE can also stem from medical negligence, such as improper anesthesia use or failure to perform an emergency C-section in time. Families often face immense challenges in providing ongoing care and therapy for a child with cerebral palsy, cognitive impairments, and other complications.

Pursuing a medical malpractice claim not only seeks justice but also promotes accountability, encouraging safety measures that help prevent future cases of avoidable HIE.

Brachial plexus

Brachial plexus injuries occur during childbirth when excessive pulling or stretching of a baby’s head and neck damages the nerves responsible for arm and hand movement. These injuries, though preventable, can have serious consequences, ranging from temporary weakness to complete arm paralysis.

Families often face the challenges of lifelong disabilities, intensive therapies, and permanent loss of mobility and function. Pursuing a medical malpractice claim can help secure compensation for victims, encourage better safety practices, and prevent other children from experiencing these irreversible nerve injuries.

Klumpke's palsy

Klumpke's palsy is a form of brachial plexus palsy that occurs when the nerves in a baby’s lower arm are damaged during birth. This condition often affects the fingers, wrist, and arm, sometimes leading to significant weakness or loss of movement. In severe cases, total paralysis can cause the hand to adopt a permanent claw-like shape.

Shoulder Dystocia 

This birth injury occurs when the infant's shoulders and head become trapped behind the mother's pelvic bone. It happens in about one percent of all deliveries and can result in serious complications.

For the mother, potential complications include uterine rupture and heavy bleeding. For the baby, risks include brachial plexus injury, breathing problems, cerebral palsy, collarbone fractures, and, in the worst cases, death.

Birth Complications and Labor Injuries 

Labor and delivery involve inherent risks, but many complications and injuries can be prevented with proper medical care. Common birth injuries include nerve damage, broken bones, and excessive bleeding due to incorrect use of forceps or vacuum extractors. Issues like oxygen deprivation, infection, or inadequate fetal monitoring can also result in serious health problems or lifelong disabilities for the infant.

While not all risks can be avoided, negligent care or substandard practices can worsen outcomes. Families facing the long-term challenges of such injuries have the right to hold healthcare providers accountable. Legal action may not reverse the harm, but it can provide resources for the child’s future and encourage improved safety protocols to prevent similar birth injuries.