Birth Injuries

Medical Negligence During Delivery

Birth injuries caused by medical negligence—delayed emergency C-section, failure to monitor fetal heart rate, improper use of forceps or vacuum extraction, medication errors—result in permanent brain damage, paralysis, and disability. A child born with cerebral palsy, brachial plexus injury, or hypoxic-ischemic encephalopathy faces a lifetime of medical care, therapy, special education, and lost independence. Trial Lawyers United pursues full recovery for these catastrophic injuries.

Common Birth Injuries

Cerebral Palsy (CP)

Permanent disorder of movement and posture caused by brain damage during pregnancy, delivery, or early infancy. Usually results from oxygen deprivation (hypoxia) during labor. Types include spastic (stiff muscles), ataxic (balance and coordination loss), and dyskinetic (involuntary movements). Severity ranges from minimal to total paralysis.

Brachial Plexus Injury (Erb’s Palsy)

Nerve injury during delivery causing loss of arm movement and sensation. Results from excessive traction on the shoulder during difficult delivery. Some recover with therapy; others have permanent weakness and loss of hand function.

Hypoxic-Ischemic Encephalopathy (HIE)

Brain damage from lack of oxygen and blood flow. Causes seizures, developmental delay, cerebral palsy, cognitive impairment, or death. Often results from prolonged fetal heart rate abnormalities ignored by healthcare providers.

Skull Fractures

Fracture of the infant’s skull from traumatic delivery (forceps misuse, difficult extraction). May cause bleeding between brain and skull, requiring surgical drainage.

Spinal Cord Injury

• Rare but devastating: complete paralysis or partial paralysis from excessive traction during delivery or positioning during labor.

Common Causes of Birth Injury

• Delayed emergency C-section: failure to perform timely C-section when fetal distress is evident
• Failure to monitor fetal heart rate: inadequate monitoring or misinterpretation of abnormal patterns (bradycardia, variable decelerations)
• Improper use of forceps or vacuum: excessive force, prolonged application, multiple failed attempts
• Uterine rupture: from oxytocin overuse or VBAC attempt after prior C-section
• Placental abruption: failure to recognize and manage placental separation
• Medication errors: wrong drug, wrong dose, improper timing of labor induction medication
• Infection: maternal infection (Group B Strep, chorioamnionitis) not diagnosed or managed
• Inadequate anesthesia: failed epidural or spinal, causing awareness during C-section

Who Is Liable for Birth Injuries

• OB-GYN physicians: for negligent labor management, failure to monitor, delayed C-section decision
• Nurses and midwives: for failure to recognize fetal distress, failure to escalate concerns to physician
• Hospitals: for inadequate staffing, failure to implement fetal monitoring protocols, maintenance of defective equipment
• Anesthesiologists: for medication errors, inadequate anesthesia management
• Device manufacturers: for defects in fetal monitors, infusion pumps, or delivery equipment

Birth Injury Case Example

• Trial Lawyers United’s lawyers have represented families in severe birth injury cases:
• Eclampsia with vegetative state: mother with preeclampsia/eclampsia required emergency C-section that was delayed
• Child born with severe HIE and profound cognitive impairment; pursued hospital and physician negligence claims for failure to monitor maternal blood pressure and recognize eclampsia signs

Life Care Planning for Birth-Injured Children

• A child with severe cerebral palsy or HIE requires comprehensive lifetime planning including:
• Ongoing medical care: pediatrics, neurology, physiatry, orthopedics, ophthalmology, audiology
• Therapy services: physical therapy, occupational therapy, speech-language pathology (often 3–5 times per week)
• Special education: specialized school placement, educational assistants, technology aids
• Assistive devices: wheelchairs, communication devices (AAC systems), adaptive equipment, home modifications
• Attendant care: personal care assistance for activities of daily living, often needed into adulthood
• Vocational evaluation and training: for potential return-to-work in adulthood
• Future housing: accessible residential placement, often group home or specialized facility

Frequently Asked Questions

How do I know if my child’s birth injury was caused by medical negligence?

You need expert review from an OB-GYN. We obtain the medical records and have them reviewed to determine if fetal monitoring was adequate, if abnormalities were missed, if treatment was delayed, or if procedures were performed improperly. Not all birth injuries are from negligence; some result from unavoidable complications. We only pursue cases with evidence of medical error.

What is the statute of limitations for birth injury claims?

In most states, the statute of limitations begins when the child turns 18 (tolled during minority). So you have until age 18–20 to file suit. However, you should contact a lawyer much earlier—evidence is fresher and you can file before limitations expire.

How much is a birth injury case worth?

Severe birth injuries (cerebral palsy, HIE) result in damages of $1–$10 million+ depending on injury severity, future care needs, and lost earning potential. A child with severe CP requiring lifelong care can have a case worth $3–$5 million+. We retain life care planners to calculate realistic lifetime costs.

Can I still sue if the hospital claims the injury was unavoidable?

Yes. Even if complications occur, medical negligence can exist if the provider deviated from the standard of care. Failure to timely respond to fetal distress, improper monitoring, or delayed emergency C-section are common negligence findings even when complications are present.