Medical Malpractice > Childbirth Injury

Pregnancy. Labor. Delivery. These sometimes difficult experiences of a mother’s life can be made more difficult with errors in obstetrical care. The damage done can affect not only the mother, but also the child she carries. As a medical malpractice and childbirth injury attorney, we’re deeply attuned to birth injuries of newborns. And we’re acutely aware of the aspects of prenatal, delivery and neonatal care that are critical to ensure a healthy mother and baby—one that’s free of preventable childbirth injuries.

What is a birth injury?

While a mother has responsibilities in ensuring the best possible delivery of a healthy baby, doctors, nurses and hospital staff are responsible to meet a standard of care to an expectant mother and her baby. This includes the correct monitoring of pregnancy, administering proper dose and choice of medicine when necessary, diagnosing potential problems, responding to those diagnoses, and conducting a safe delivery.

According to the Centers for Disease Control (CDC), about 7 in every 1,000 children will suffer from a birth injury. Classification of birth injuries that lead to birth injury cases can include: 

• Failure to monitor
• Failure to respond 
• Failure to diagnose or misdiagnosing 
• Incorrect administration of medicine
• Improper use of medical equipment

CAUSES OF BIRTH INJURIES: WHAT PROVIDERS MISS—AND WHY IT MATTERS

Birth injuries can affect both newborns and their parents in profound ways. When healthcare providers take shortcuts, fail to recognize serious warning signs, or apply tools improperly, they increase the risk of harm. Labs, scans, monitors, staff at all levels, and surgical timing all play a critical role in safe labor and delivery. Birth injuries don’t just happen. In far too many cases, they stem from missed steps, delayed action, or misused tools during critical moments.

Improper Use of Forceps or Vacuum Extraction

Delivering a baby with forceps or vacuum can assist when labor stalls, but providers must apply these tools with precise skill. When doctors wield forceps too forcefully or place cups improperly, they can injure delicate anatomy in the baby’s skull, neck, or facial nerves. Common outcomes include skull fractures, facial paralysis, nerve damage, and bleeding under the scalp, which can lead to lasting trauma such as speech challenges, feeding difficulties, or mobility issues.

Oxygen Deprivation or Umbilical Cord Problems

When labor stalls or the umbilical cord becomes compressed, the baby may not receive enough oxygen. Providers must track oxygen levels and respond immediately. If they don’t, babies risk hypoxia, a condition that may cause brain injury, low Apgar scores, and a need for NICU care. From compression to true cord prolapse, the lack of timely intervention can turn what once was a healthy pregnancy into a traumatic birth moment with lifelong effects.

Pulling on the Baby’s Head, Shoulders, or Arms

Some deliveries must involve manual traction to free a stuck shoulder or help a laboring baby rotate. When clinicians apply excessive or misdirected force, however, they may stretch nerves in the neck and shoulder region. Resulting brachial plexus injuries, often called Erb’s palsy or Klumpke’s palsy, range from mild weakness to permanent paralysis depending on which nerves suffer damage and how swiftly providers respond.

Failure to Diagnose Maternal Infection

Maternal infections during pregnancy, like chorioamnionitis, can quickly travel to the baby during delivery. Left untreated, maternal infections can cause brain inflammation, sepsis, or long-term complications in newborns. When providers dismiss maternal fevers, chills, or abnormal labs, they open the door to preventable newborn illnesses that can spiral into major developmental or physical disabilities.

Failure to Identify Maternal Risk Factors During Pregnancy

Providers must monitor and address conditions like preeclampsia, gestational diabetes, or a small-for-gestational-age baby. When they don’t recognize warning signs like high blood pressure, protein in the urine, or an unusually large or small fetus, they lose critical time to schedule safe delivery. Missed risk factors can lead to placental insufficiency, preterm labor, infection, or difficult delivery situations that endanger baby and mom alike.

Not Ordering Necessary Maternal Tests Before and During Labor

Expectant mothers may need blood tests, ultrasounds, or continuous monitoring, but some providers can skip these essential steps. Without tracking blood type, detecting Rh incompatibility, or identifying gestational illnesses, providers could fail to catch life-threatening issues in time.

Failure to Perform an Emergency C-Section

When labor shows signs of fetal distress, or mothers face dangerous conditions like preeclampsia or stalled labor, the safest move is often an emergency C-section. Providers must act fast. When they delay or ignore indications during emergencies, they place both mother and baby at risk.

How do you prove birth injury?

In a birth injury case, you must prove that you (or your baby) received substandard care, suffered an injury, and that the substandard care caused the injury.

You’ll need to show:

• Damages resulting from the injury
• How the healthcare provider in question was negligent
• How the healthcare provider’s medical negligence harmed the child
• The mother was a patient of the healthcare provider and was under their care

Can you sue for birth injuries?

Yes, you can sue for birth injuries. Having an experienced legal team that knows medical malpractice in Indiana and the specifics of childbirth injury is key to helping you gain a measure of justice. These cases can be challenging and detailed. An effective case that nets fair compensation for the victims requires compassionate, sophisticated and aggressive legal representation.