Birth Injuries

Many mothers and newborns suffer birth injuries due to negligence by doctors, midwives, nurses, and hospitals before, during and after childbirth.

Examples of these types of medical errors include:

  • Failing to diagnose an infection in the mother or baby at any time during the prenatal period, during delivery, and post delivery
  • Failing to timely deliver the baby
  • Failing to do timely perform a
  • Failing to monitor the mother and baby before, during, and after birth
  • Improperly using forceps or vacuum extractors during delivery
  • Using excessive force to deliver a baby, causing physical harm
  • Negligently administering anesthesia during delivery
  • Failing to treat uterine hemorrhage after delivery
  • Failing to timely and properly give medications

The injuries caused by these types of malpractice can include:


Cerebral Palsy is a lifelong condition that occurs due to brain damage. It can lead to developmental and/or physical handicaps depending on the part of the brain that was injured.

Doctors can often prevent many of the complications that lead to cerebral palsy. For example, they can make sure a baby doesn’t suffer from asphyxiation, as a lack of oxygen can harm the brain and lead to cerebral palsy.


Erb’s Palsy, or Brachial Plexus Palsy, is a type of nerve damage that can affect the shoulders, arms, and/or hands. Children with Erb’s palsy experience numbness, weakness, or paralysis of different parts of the body. Although Erb’s palsy is often treatable, some children may never recover completely from the condition.

Medical professionals who exert excessive force during the delivery process may cause a newborn to develop Erb’s palsy. For example, if a baby is stuck in the birth canal, the doctor may use a vacuum extractor or forceps incorrectly and damage the baby’s nerves.

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Babies are at risk of brain damage if they suffer from oxygen deprivation during birth, experience head trauma, or if an infection is passed to them from their mother while in the womb.

Some brain injuries are relatively mild, but others lead to permanent disabilities like Cerebral Palsy.

Other Injuries that can result from negligent care before, during, and after birth:

  • C-section injuries
  • Intrauterine fetal demise
  • Maternal infections
  • Post uterine bleeding
  • Meconium aspiration syndrome (MAS)
  • Newborn cephalohematoma