Please ensure Javascript is enabled for purposes of website accessibility Skip to content
In the News
In the News
Let Us Help
Let Us Help
Real Stories
Real Stories

Birth Injuries: Understanding Medical Negligence During Childbirth

What Are Birth Injuries and How Does Medical Negligence Play a Role?

Birth injuries occur when a baby suffers harm before, during, or shortly after childbirth. While some birth injuries are unavoidable, many are caused by medical negligence—when a healthcare provider fails to meet the standard of care.

According to a study in the Journal of Patient Safety, medical errors contribute to over 400,000 preventable deaths per year in the U.S. (2013). Birth injuries make up a significant portion of these cases, yet they are often overlooked.

At LawMD, we know the law, and we know the medicine. Unlike other firms, most of our attorneys are also medical doctors, giving us a unique edge in handling birth injury malpractice cases.

birth injuries

Shocking Birth Injury Statistics You Need to Know

Many people underestimate how often birth injuries occur. Here are some alarming statistics:

  • 1 in every 9,714 babies in the U.S. is born with a birth injury (Agency for Healthcare Research and Quality, 2019).
  • Nearly 50% of birth injuries could be prevented with proper medical care (American Journal of Obstetrics & Gynecology, 2017).
  • The most common causes of birth injuries include delayed C-sections, improper use of forceps, and failure to monitor fetal distress (CDC, 2022).
  • Brachial plexus injuries (nerve damage in the shoulder and arm) occur in 1.5 out of every 1,000 births (National Center for Biotechnology Information, 2021).
  • Hispanic and Black mothers are more likely to experience medical negligence during childbirth compared to white mothers (JAMA Network Open, 2022).

These statistics highlight the urgent need for accountability in medical care.

Common Birth Injuries Caused by Medical Negligence

When doctors and nurses fail to follow proper procedures, babies and mothers suffer. Some of the most common birth injuries linked to medical negligence include:

1. Cerebral Palsy

Cerebral palsy is one of the most devastating birth injuries, affecting 1 in 345 children (CDC, 2022). It can be caused by oxygen deprivation, which may result from delayed C-sections or improper fetal monitoring.

2. Brachial Plexus Injuries (Erb’s Palsy)

This injury occurs when the baby’s shoulder is stretched too much during delivery. It leads to weakness or paralysis in the arm. Many cases are due to excessive force used by the doctor when pulling the baby out.

3. Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain damage caused by a lack of oxygen. Studies show that 60% of newborns with severe HIE either die or suffer permanent disabilities (National Institutes of Health, 2021).

4. Skull Fractures and Head Trauma

Improper use of forceps or vacuum extractors can cause skull fractures, brain bleeding, or long-term brain damage. These injuries are entirely preventable with proper delivery techniques.

How Medical Negligence Leads to Birth Injuries

Medical negligence happens when doctors or nurses fail to take the necessary precautions. Some examples include:

1. Delayed or Denied C-Sections

Failure to perform a C-section in time can lead to severe birth injuries. Studies show that delayed C-sections increase the risk of brain damage by 32% (Obstetrics & Gynecology Journal, 2018).

2. Improper Use of Delivery Tools

Doctors sometimes use forceps or vacuum extractors incorrectly, which can cause skull fractures, nerve damage, and brain injuries.

3. Failure to Monitor Fetal Distress

If a baby’s heart rate drops, it’s a sign of distress. Neglecting to act quickly can lead to oxygen deprivation and permanent brain damage.

4. Medication Errors

Giving the wrong dosage of labor-inducing drugs like Pitocin can cause excessive contractions, leading to uterine rupture or fetal distress.

The Long-Term Impact of Birth Injuries

Birth injuries don’t just affect babies—they impact entire families. Some lifelong consequences include:

  • Cognitive disabilities (learning disorders, speech problems, memory issues)
  • Physical disabilities (paralysis, limited mobility, chronic pain)
  • Emotional and financial strain (lifelong medical expenses, therapy, special education needs)

A study by the National Institute of Child Health and Human Development found that families with a child who has cerebral palsy spend an average of $1.3 million on medical care over their child’s lifetime (2020).

How LawMD’s Doctor-Lawyers Can Help

At LawMD, we have a unique advantage: Most of our attorneys are also medical doctors. This means we can:

  • Analyze complex medical records with expertise
  • Work with top medical experts to build strong cases
  • Hold negligent doctors accountable for their mistakes
  • Fight for maximum compensation for families

Unlike other law firms, we understand both the medical and legal aspects of birth injury cases. This makes us the best choice for families seeking justice.

What to Do If Your Child Suffered a Birth Injury

If you suspect medical negligence caused your child’s birth injury, here’s what you should do:

  1. Request Medical Records – This will help determine if mistakes were made.
  2. Document Symptoms – Keep track of any physical or cognitive difficulties.
  3. Consult a Birth Injury Lawyer – Speak with a legal team that understands medical malpractice.
  4. File a Claim – You may be entitled to compensation for medical bills, pain, and suffering.

At LawMD, we offer free consultations to review your case. You don’t pay unless we win.

Get the Justice Your Family Deserves

No family should have to suffer because of a doctor’s mistake. If your child was injured during childbirth due to medical negligence, LawMD is here to help.

With our doctor-lawyer team, we will fight for the compensation you deserve. Contact us today for a free case evaluation.