Birth Injury Resource Center

Frequently Asked Questions

What is a birth injury?

A birth injury-also referred to as birth trauma-is any type of injury sustained by an infant as a result of the childbirth process. It is estimated that as many as seven babies out of 1,000 in the United States suffer harm during labor and delivery. Birth injuries can take on many forms and degrees of severity. In some cases, unfortunately, birth injuries are caused by negligence on the part of a professional medical provider.

What are the most common types of birth injuries?

Although there are numerous types of birth injuries, some of the more common occurrences include:

• Bruising, lacerations, or forceps marks
• Brain damage
• Internal bleeding
• Severe swelling of the scalp
• Breakage of small blood vessels in the eyes
• Facial paralysis
• Fractures
• Shoulder dystocia injuries
• Erb's palsy (also called brachial palsy)
• Cerebral palsy

How are birth injuries caused?

The natural contractions and contortions that come with childbirth can be hard on a small infant, and the potential for injury is always there. However, in some circumstances, it is revealed that some form of medical negligence, or malpractice, occurred during labor and delivery which may have caused unnecessary harm to the child. Acts of medical negligence may involve the improper use of delivery aids such as forceps or vacuum extraction. Other injuries may be caused by poor decision-making related to childbirth complications; for example, pelvic irregularities, an abnormally large fetus, shoulder dystocia, or prematurity. Certain Birth Injuries may also be caused by Chemical Exposure. The exposure to certain dangerous chemicals may result in a serious birth defect suffered by a developing fetus in a mother's womb.

What is the difference between a birth defect and a birth injury?

A birth defect is present at the time of birth, caused by factors such as a genetic condition or toxic exposure inside the womb. In contrast, a birth injury generally results from complications arising from the childbirth process itself.

What are signs that a birth injury has occurred?

• Identifying a birth injury is not an easy task. In some cases, evidence of an injury may be apparent immediately after delivery. Often, however, symptoms of a birth injury may not appear until months or even years later. Some initial signs of birth injuries may include:
• Abrasions, bruises or swelling on the infant's face, head or shoulder
• Seizures that develop within 48 hours
• A "floppy" appearance indicating lack of muscle tone
• One arm that is limp in appearance
• The infant's failure to begin breathing immediately following delivery

Birth injury symptoms that can appear later in a child's life include lack of muscle coordination, drooling, uneven gait, or difficulty with speech.

What is cerebral palsy?

Cerebral palsy (CP) is the name given to a group of disorders that affect one's ability to move and to maintain balance and posture. CP is neither progressive nor contagious, and while it is not curable, it can be managed with training, therapy and assistive devices. In the United States, approximately 8,000 babies and infants and 1,200 to 1,500 preschool-age children are diagnosed with cerebral palsy each year. In some cases, cerebral palsy is the result of injuries sustained during childbirth. Learn more about cerebral palsy.

What is Erb’s palsy?

Erb's palsy is a condition in which a stretch injury to a network of nerves in the neck, known as the brachial plexus, results in loss of movement and feeling in the arm, hand and fingers. Although a brachial plexus injury can occur at any time, most cases of Erb's palsy are the result of injuries that happen during childbirth. One to two of every 1,000 babies are afflicted by Erb's palsy. Fortunately, this condition is almost always temporary. Learn more about Erb's palsy.

What is shoulder dystocia?

Shoulder dystocia is a dangerous complication of childbirth. It involves a scenario in which the infant's head has emerged but the shoulders are stuck behind the mother's pubic bone or the opening to the birth canal and cannot be delivered. The birth injuries resulting from shoulder dystocia include Erb's palsy, fractures in the collarbone or upper arm, paralysis, or lack of oxygen to the infant's brain, potentially resulting in brain damage. Learn more about shoulder dystocia and related birth injuries.

Who is to blame when a birth injury occurs?

In some cases, a birth injury could not have been prevented. Despite doctors' best efforts, injuries may result from complicated delivery situations such as multiple births, an abnormally large fetus, or advanced maternal age. However, in some cases, a birth injury is the result of medical malpractice on the part of a professional health care provider or team of providers.

What is medical malpractice?

In simple terms, medical malpractice is a form of professional negligence that causes injury to a patient. It involves a failure to act in accordance with the applicable standard of care that a similar provider would exercise under the same circumstances. Sadly, many birth injuries occurring today can be attributed to medical malpractice or negligence during labor and delivery. If you think your child is suffering from a birth injury as a result of medical malpractice, you may wish to contact a lawyer familiar with these types of cases. He or she can explain your rights under the law and help you determine an appropriate course of action. Learn more about medical negligence.