- March 4, 2025
Bringing a new life into the world should be a joyful and celebrated event. For many families, however, the moment of birth is overshadowed by the devastating news that their child has suffered a birth injury. If your family is dealing with the heartbreaking aftermath of a birth injury, know this—you are not alone. Understanding what happened, why it happened, and what steps you can take is crucial for your baby’s future and your family’s well-being. Contact a birth injury attorney today!
Contact us online, and let us safeguard your rights and future.
What Are Birth Injuries?
Birth injuries are physical injuries a baby sustains before, during, or just after delivery. These injuries can vary widely in severity. Some may heal on their own in a matter of weeks, while others may have a lifelong impact on the child’s ability to grow, move, and experience the world around them.
It’s important to differentiate between unavoidable complications and injuries caused by medical negligence. While some birth injuries are unpredictable, others result from preventable errors made by medical professionals during labor, delivery, or prenatal care. If human error has harmed your child, there are steps you can take to hold those responsible accountable—and, most importantly, to get your child the care and resources they need to thrive.
Common Types of Birth Injuries
Not all birth injuries are the same, and understanding the different types can help you make sense of what your child may be going through:
- Cerebral Palsy
- Brachial Plexus Injuries (Erb’s Palsy)
- Hypoxic-Ischemic Encephalopathy (HIE)
- Skull Fractures or Head Trauma
- Facial Nerve Injuries
- Fractured Clavicle (Collarbone)
- Cephalohematoma
- Spinal Cord Injuries
Cerebral Palsy
Cerebral palsy is a lifelong neurological condition that affects movement, coordination, and muscle control, often stemming from a baby’s brain being deprived of oxygen during birth—a condition known as hypoxia—or from physical trauma. It can occur when a healthcare provider misses critical signs of fetal distress or delays emergency interventions, like performing a C-section. Unfortunately, cerebral palsy is one of the most devastating outcomes of birth injuries, with many children facing challenges in walking, speaking, or completing everyday tasks.
This condition includes a spectrum of severity. Some children may only experience mild impairments, while others may require significant medical and therapeutic support throughout their lives. Early diagnosis is key to improving outcomes, as it allows families to access therapies, medications, and assistive devices that can make a dramatic difference in mobility and quality of life. When cerebral palsy is tied to medical negligence, obtaining the right resources is crucial for your child’s growth and well-being.
Brachial Plexus Injuries (Erb’s Palsy)
Brachial plexus injuries, often called Erb’s palsy, occur when the bundle of nerves connecting the spinal cord to the arm is stretched or torn during birth. This typically happens during deliveries where the baby’s shoulder becomes stuck in the birth canal—a condition known as shoulder dystocia—and improper force is applied to free the baby. The result can be weakness, numbness, or even paralysis in the affected arm, depending on the extent of nerve damage.
Some cases resolve with physical therapy and time, but more severe injuries may require surgical intervention. For parents, the physical limitations and pain their child may experience can feel overwhelming. Many of these injuries are preventable with proper prenatal care and delivery techniques. Exploring whether medical mistakes, such as the improper use of forceps or a failure to recognize labor complications, caused the injury is an important step in finding both answers and the support your child will need.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a critical brain injury caused by oxygen deprivation during birth. This lack of oxygen can occur due to a variety of labor complications, including umbilical cord issues, placental abruption, or delayed medical responses to distress signals from the baby. When oxygen is restricted for even a few minutes, brain cells begin to suffer damage—sometimes permanently.
The consequences of HIE are far-reaching. Many children experience developmental delays, learning disabilities, seizure disorders, or conditions like cerebral palsy. Early symptoms can include difficulty feeding, low muscle tone, or unusual behavior immediately after birth. However, with swift identification and therapeutic strategies, some outcomes can improve.
It’s devastating to know that many cases of HIE are preventable. When a medical team fails to monitor fetal oxygen levels or respond promptly to labor complications, accountability can secure the means needed for your child’s therapies, rehabilitation, and long-term care.
Skull Fractures or Head Trauma
A baby’s skull is highly delicate, making it vulnerable during the birth process. Skull fractures or head trauma can occur if healthcare providers use excessive force or misuse tools like forceps or vacuum extractors. Long and difficult labors also pose increased risks, especially when proper precautions aren’t taken. For some newborns, the consequences may involve cranial bleeding, swelling, or brain injuries—all of which may lead to serious neurological challenges.
Because early symptoms of head trauma, such as abnormal vital signs or seizures, can sometimes be subtle, immediate medical evaluation is vital. Treatment might involve monitoring, surgery, or other interventions, depending on the severity.
Birth complications do not always lead to trauma, but when negligence or improper care plays a role, families often face both emotional heartbreak and significant financial strain. Understanding the cause of the injury is a critical first step toward pursuing care and justice for your child.
Facial Nerve Injuries
Facial nerve injuries occur when pressure is applied to the baby’s face during delivery, often as a result of improper use of tools like forceps or prolonged labor. This can lead to facial nerve palsy, where one side of the baby’s face appears weak, droopy, or paralyzed. While some minor injuries heal over time without interventions, more severe cases may require ongoing medical treatment, such as physical therapy or surgery.
The impact of a facial nerve injury extends beyond the physical; as a parent, seeing your child struggle with facial asymmetry or inability to express emotions can be deeply painful. Preventing this type of injury depends on skilled and careful obstetric care.
If poor technique or delayed responses contributed to your baby’s injury, seeking legal help can ensure that you receive the necessary support to address both short-term healing and long-term effects on your child’s development.
Fractured Clavicle (Collarbone)
A fractured collarbone is one of the more common birth injuries but is still deeply distressing for any parent to witness. This injury usually occurs in challenging deliveries, such as when the baby’s shoulders require excessive force to pass through the birth canal. While most fractures heal with basic care—such as keeping the baby’s arm still for a short period—the presence of such an injury may indicate that something during the birth process didn’t go as it should.
Symptoms of a collarbone fracture might include unusual crying when the arm is moved, a lack of movement on one side of the body, or swelling. Although typically straightforward to treat, a broken collarbone still leaves families questioning why their baby was put in harm’s way. Investigating the circumstances surrounding your delivery can bring answers and ensure your family receives the help needed to recover emotionally and financially.
Cephalohematoma
Cephalohematoma refers to the buildup of blood between a baby’s scalp and the thin layer covering the skull. This occurs when delivery tools, like vacuum extractors or forceps, are used improperly or when labor is prolonged and particularly strenuous for the baby. While cephalohematomas often resolve on their own over weeks or months, they may lead to complications such as jaundice, infections, or, in rare cases, skull deformities.
Though you're likely relieved that most cases are not life-threatening, watching your baby endure such an injury can be heartbreaking. For parents, the worry doesn’t stop with the visible bruising or swelling—it’s about ensuring there’s no hidden damage.
If your child experienced a cephalohematoma, it’s crucial to ask whether medical negligence was a factor. Holding healthcare providers accountable can help you access any special care your baby may need to promote their recovery and health.
Spinal Cord Injuries
Spinal cord injuries are among the rarest but most devastating types of birth injuries. These occur when excessive force is used during delivery, stretching, twisting, or tearing the delicate spine. Such injuries may lead to partial or complete paralysis, with severe consequences for mobility, strength, and organ function. These often lifelong impacts require extensive medical intervention and supportive care.
Spinal cord injuries during birth are almost always preventable and point to significant mishandling or negligence. Improper use of delivery techniques or a failure to recognize and manage potential complications can have dire consequences.
For parents, understanding the extent of their child’s injury can feel overwhelming, and the path ahead may seem unclear. However, pursuing legal accountability gives families access to the resources needed for medical treatments, assistive devices, and the ability to provide their child with the best quality of life despite the challenges they face.
Contact us online, and let us safeguard your rights and future.
Preventability and Medical Negligence
Many birth injuries are preventable. Obstetricians, nurses, and other healthcare providers are responsible for closely monitoring the baby’s and mother’s health during pregnancy, labor, and delivery. When they fail to meet the standards of care, the results can be catastrophic.
Some examples of medical negligence that contribute to birth injuries include:
- Failing to respond to signs of fetal distress.
- Mismanaging difficult deliveries or not performing a timely C-section.
- Misusing medical tools like forceps or vacuum extractors.
- Administering incorrect dosages of medication during delivery.
- Failing to detect or address high-risk pregnancy conditions in the prenatal period.
If your child’s injury could have been prevented, holding healthcare providers accountable isn’t just about pointing fingers—it’s about ensuring the financial and medical support necessary for your child’s future.
Why Seeking Legal Help Matters
Parents of children with birth injuries face emotional, physical, and financial challenges. From ongoing therapies and specialized care to assistive equipment and educational support, providing the best life for your child comes at a cost. That’s why pursuing legal action isn’t just about compensation—it’s about securing essential resources.
Parents often hesitate to seek legal help, worried that it may seem confrontational or driven by money. But the truth is, taking legal action is about protecting your child’s rights and advocating for their future. It’s about holding medical professionals accountable so that other families don’t have to suffer like yours.
A lawyer experienced in birth injury cases can provide clarity during an otherwise overwhelming time. They can investigate what happened during your child’s birth, identify whether negligence occurred, and fight to get you the financial resources to cover care, therapies, and other critical needs.
Your family has already been through so much. Seeking legal advice can feel like one more thing to add to an already heavy burden, but it may provide the roadmap you need to move forward, support your child’s growth, and help your family heal.
You Don’t Have to Go Through This Alone
If your child suffered a birth injury, it’s natural to feel a mix of emotions—grief, anger, confusion, and worry about the future. You want answers. You want justice. But most importantly, you want hope that your child will have the best possible quality of life.
At Goodman Acker PC, we understand how deeply personal and painful these cases are for families. Whether you’re seeking clarification about what happened or you’re ready to advocate for your child, we’re here to help. Our compassionate personal injury lawyers are dedicated to pursuing justice for families like yours, ensuring you receive the resources needed to support your child’s future. Contact us anytime at (248) 831-1507 or through our online form for a free, no-obligation consultation. You don’t have to face this alone.
Contact us online, and let us safeguard your rights and future.