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Understanding Birth Injuries in New York

When complications during pregnancy, labor, or delivery cause harm to a newborn, the consequences can last a lifetime. Comprehensive information to help families recognize, understand, and respond to birth injuries.

What Are Birth Injuries?

Birth injuries are physical harm to a baby that occurs before, during, or shortly after delivery. These injuries can affect the brain, nerves, bones, or other parts of the body, potentially causing temporary or permanent disabilities that impact a child's development, mobility, and quality of life.

While some birth complications are unavoidable despite excellent medical care, many birth injuries result from preventable medical errors, negligence, or failure to properly respond to warning signs during pregnancy and delivery. Understanding the difference is crucial for families seeking answers.

In New York State alone, thousands of families each year face the devastating reality of a birth injury. These injuries range from minor trauma that heals within weeks to severe, permanent conditions requiring lifelong care and support.

7 per 1,000
births result in injury to the infant
American Academy of Pediatrics

Categories of Birth Injuries

Birth injuries are typically classified by the part of the body affected and the mechanism of injury. Understanding these categories helps families identify potential issues and seek appropriate treatment.

Brain & Neurological Injuries

Including cerebral palsy, hypoxic-ischemic encephalopathy (HIE), intracranial hemorrhage, and seizure disorders caused by oxygen deprivation, trauma, or infection during the perinatal period.

Nerve Damage & Palsy

Such as Erb's palsy, brachial plexus injuries, and facial nerve palsy affecting nerves controlling movement in arms, hands, or facial muscles, often from shoulder dystocia or forceps delivery.

Physical Trauma & Fractures

Including bone fractures (especially clavicle and skull), soft tissue damage, bruising, lacerations, and spinal cord injuries that can occur during difficult, prolonged, or forceps/vacuum-assisted deliveries.

Specific Types of Birth Injuries

Each birth injury has unique causes, symptoms, and treatment approaches. Click any injury below to learn more about diagnosis, prognosis, and available treatments.

Cerebral Palsy

A group of permanent movement disorders affecting muscle tone, posture, and coordination caused by brain damage during pregnancy, birth, or early infancy. Affects 1 in 345 children.

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Hypoxic-Ischemic Encephalopathy (HIE)

Brain injury caused by oxygen deprivation and reduced blood flow during delivery. The most common acquired brain injury in term infants (1-3 per 1,000 births).

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Intracranial Hemorrhage

Bleeding inside the skull that can occur during delivery, including subdural, subarachnoid, and intraventricular hemorrhages. May cause seizures and developmental issues.

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Periventricular Leukomalacia (PVL)

Softening of white brain tissue near the ventricles, often affecting premature babies. Can lead to cerebral palsy, vision problems, and developmental delays.

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Neonatal Stroke

Disruption of blood flow to the brain occurring before, during, or shortly after birth. Can cause weakness on one side, seizures, and developmental difficulties.

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Brain Damage & Contusions

Various forms of brain tissue injury including contusions, lacerations, and trauma from difficult deliveries or instrument use with potential long-term impacts.

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Erb's Palsy (Brachial Plexus)

Nerve damage affecting the upper arm from shoulder dystocia or difficult delivery. Causes weakness or paralysis in shoulder, arm, and hand. Affects 1-3 per 1,000 births.

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Klumpke's Palsy

Lower brachial plexus injury affecting the forearm, wrist, and hand. Less common than Erb's palsy but can cause permanent disability if nerves are severely damaged.

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Facial Nerve Palsy

Weakness or paralysis of facial muscles from pressure during delivery or forceps use. Most resolve within weeks but some cases require surgical intervention.

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Phrenic Nerve Injury

Damage to the nerve controlling the diaphragm, often associated with brachial plexus injury. Can cause breathing difficulties and require ventilator support.

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Caput Succedaneum

Swelling of the scalp's soft tissues that develops as baby travels through the birth canal. Usually resolves within days but can be extensive with vacuum delivery.

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Cephalohematoma

Blood pooling between skull bone and fibrous covering from birth trauma or vacuum/forceps use. Takes weeks to months to resolve and can lead to jaundice.

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Subgaleal Hemorrhage

Serious bleeding under the scalp that can spread over large area. Medical emergency that can cause shock and requires immediate treatment. Often from vacuum extraction.

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Clavicle (Collarbone) Fracture

The most common bone fracture during birth, especially in large babies or shoulder dystocia cases. Usually heals well within weeks with proper care.

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Skull Fractures

Breaks in skull bones from forceps delivery or the baby's position in utero. Can be linear or depressed and may require surgery depending on severity.

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Other Bone Fractures

Fractures of humerus (arm), femur (leg), or other bones during difficult deliveries. More common with breech births and require immobilization to heal properly.

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Retinal Hemorrhage

Bleeding in the retina occurring in up to 75% of vacuum-assisted deliveries and 33% of spontaneous vaginal births. Usually resolves without treatment.

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Subconjunctival Hemorrhage

Bright red blood spots in the white part of the eye from pressure during delivery. Looks alarming but harmless, resolving within 1-2 weeks without treatment.

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Spinal Cord Injury

Rare but serious damage from excessive traction during delivery. Can cause paralysis, breathing problems, and sensory loss below the injury site.

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Kernicterus

Preventable brain damage from severe untreated jaundice. Causes permanent neurological problems including hearing loss, movement disorders, and developmental delays.

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Meconium Aspiration Syndrome

Breathing problems when baby inhales meconium-stained amniotic fluid. Can cause severe respiratory distress, pneumonia, and lung damage requiring intensive care.

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Shoulder Dystocia Injuries

Complications when baby's shoulder gets stuck behind mother's pelvic bone. Can cause brachial plexus injuries, clavicle fractures, and oxygen deprivation.

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Forceps & Vacuum Injuries

Trauma from assisted delivery tools including facial marks, scalp lacerations, skull fractures, and brain injuries when excessive force is used improperly.

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Soft Tissue Injuries

Bruising, lacerations, abrasions, and other soft tissue damage from the birthing process. Most are minor and heal quickly but some require medical attention.

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Common Causes & Risk Factors

Birth injuries often result from preventable complications during labor and delivery. While some risk factors are unavoidable, research shows that proper monitoring, timely intervention, and adherence to medical protocols can prevent the majority of these devastating injuries.

50%
Potentially Avoidable
Close to half of all birth injuries are potentially avoidable through proper identification and planning for obstetrical risk factors.
157,700
Preventable Injuries Annually
A study found nearly 158,000 potentially avoidable injuries to mothers and newborns occur in a single year in the United States.
25%
Of Malpractice Claims
Between 2009-2014, approximately 25% of all paid medical malpractice claims were related to obstetrics and gynecology.
20%
Of Infant Deaths
The CDC notes that birth injuries are responsible for 20% of infant deaths annually in the United States.

Medical Errors That Cause Birth Injuries

Many birth injuries result from preventable medical mistakes during labor and delivery:

  • Oxygen Deprivation: Failure to monitor fetal heart rate patterns or delayed response to fetal distress (affects 5-10% of deliveries)
  • Delayed C-Section: Waiting too long to perform necessary cesarean delivery when complications arise
  • Improper Forceps/Vacuum Use: Excessive force (9.4x increased injury risk) or incorrect application of delivery instruments
  • Medication Errors: Improper dosing of labor-inducing drugs like Pitocin causing uterine hyperstimulation
  • Unmanaged Shoulder Dystocia: Failure to properly handle when baby's shoulder gets stuck (occurs in 0.6-1.4% of births)
  • Untreated Infections: Failure to treat maternal infections that affect around 6% of deliveries
  • Inadequate Monitoring: Failure to properly track maternal vital signs or fetal wellbeing during labor
80%
of birth injuries
could be prevented with proper care

Maternal Age Extremes

Teenage mothers (under 20): Face 16.0x higher odds of birth complications. Mothers over 30: Experience 2.5x increased risk of delivery complications.

Prolonged or Difficult Labor

About 8% of women experience prolonged labor, which increases oxygen deprivation risk and the need for assisted delivery instruments that can cause injury.

Maternal Obesity

Affects 1 in 3 pregnant women in the U.S. Increases risks of gestational diabetes, large babies, prolonged labor, and delivery complications.

Preeclampsia & Hypertension

High blood pressure during pregnancy can restrict blood flow to the baby and necessitate emergency delivery, increasing injury risk.

Gestational Diabetes

Can cause macrosomia (large baby) leading to shoulder dystocia, difficult delivery, and increased risk of brachial plexus injuries.

Multiple Births

Twins, triplets, or more increase risks of premature birth, low birth weight, tangled umbilical cords, and delivery complications.

Abnormal Birth Weight

Low birth weight (under 5.5 lbs): Affects 8% of births. Macrosomia (over 8.8 lbs): Also 8% of births, with injury rates reaching 7.7% when exceeding 9.9 lbs.

Premature Birth

Babies born before 37 weeks have underdeveloped organs and fragile blood vessels, increasing risk of brain hemorrhages and other injuries.

Abnormal Fetal Position

Breech (feet/buttocks first), transverse (sideways), or face presentation significantly increase delivery difficulty and injury risk.

Cephalopelvic Disproportion

When baby's head is too large for mother's pelvis, requiring forceps, vacuum extraction, or emergency C-section—all increasing injury risk.

Umbilical Cord Problems

Cord prolapse, nuchal cord (wrapped around neck), or short cord can cause oxygen deprivation and require emergency intervention.

Placental Issues

Placenta previa, placental abruption, or placental insufficiency can deprive baby of oxygen and nutrients, causing brain injury.

Important Note: Birth injury rates are 33% higher in the most rural areas compared to large metropolitan locations, highlighting disparities in access to specialized obstetric care. Families in underserved areas face greater risks due to limited access to high-risk pregnancy specialists, advanced medical technology, and emergency surgical capabilities.

Warning Signs & Symptoms to Watch For

Early recognition of birth injury symptoms is crucial for getting your child the help they need. Some signs appear immediately after birth, while others may not become apparent until weeks or months later. Contact your pediatrician if you notice any of these concerns.

Immediate Signs (0-48 hours)
  • Seizures or unusual tremors/shaking
  • Difficulty breathing or irregular breathing patterns
  • Extreme lethargy or difficulty waking for feedings
  • Weak or absent cry
  • Visible fractures, swelling, or bruising
  • One arm hanging limp (brachial plexus injury)
  • Facial asymmetry or inability to move face
Early Signs (First Weeks)
  • Excessive fussiness or inconsolable crying
  • Feeding difficulties or trouble swallowing
  • Arching back or stiffening body
  • Extreme muscle tone (too stiff or too floppy)
  • Favoring one side of the body
  • Poor head control beyond age norms
  • Persistent jaundice (yellowing of skin)
Developmental Red Flags (Months)
  • Not meeting developmental milestones (rolling, sitting, crawling)
  • Persistent hand fisting after 3-4 months
  • Asymmetric crawling or movement patterns
  • Difficulty grasping objects or poor hand coordination
  • Unusual postures or positioning of limbs
  • Vision or hearing problems
  • Lack of social engagement or eye contact
Long-term Concerns (Toddler+)
  • Delayed speech or language development
  • Difficulty walking or abnormal gait
  • Cognitive or learning disabilities
  • Behavioral challenges or sensory processing issues
  • Fine motor skill difficulties
  • Chronic pain or discomfort
  • Social or emotional development delays

How Birth Injuries Are Diagnosed

Accurate diagnosis is the first step toward getting your child appropriate treatment. Birth injuries may be identified immediately after delivery or may require ongoing assessment as your child develops.

Physical Examination

Pediatricians assess muscle tone, reflexes, movement patterns, and physical abnormalities. Regular developmental screenings help identify delays or concerns early.

Imaging Studies

MRI, CT scans, and ultrasounds visualize brain structure, detect bleeding, fractures, or tissue damage. These tests are crucial for diagnosing brain injuries and HIE.

Neurological Testing

EEG (electroencephalogram) monitors brain wave activity to detect seizures. EMG (electromyography) and nerve conduction studies assess nerve damage in conditions like Erb's palsy.

Blood Tests & Labs

Laboratory tests measure bilirubin levels for jaundice, check for infections, assess organ function, and identify metabolic conditions that may contribute to symptoms.

Developmental Assessments

Standardized tools evaluate motor skills, cognitive abilities, language development, and social-emotional functioning at various ages to track progress and identify needs.

Medical Record Review

Examining birth records, fetal monitoring strips, and delivery notes helps determine if medical negligence contributed to the injury—important for legal cases.

Treatment & Support Options

While birth injuries cannot always be "cured," many treatments can significantly improve function, reduce symptoms, and enhance quality of life. Early intervention is key to maximizing outcomes.

Physical Therapy
Improves muscle strength, coordination, balance, and gross motor skills through targeted exercises, stretching, and activities tailored to your child's abilities and needs.
Occupational Therapy
Focuses on fine motor skills, daily living activities, sensory integration, and adapting the environment to support independence in self-care and play.
Speech Therapy
Addresses communication challenges, feeding/swallowing difficulties, and oral motor skills to help your child express themselves and eat safely.
Medications
Anti-seizure drugs, muscle relaxants, pain management, and medications to reduce spasticity can help manage symptoms and improve comfort.
Surgical Interventions
Procedures to release tight muscles, correct bone deformities, treat nerve damage, or implant devices like baclofen pumps for severe spasticity.
Assistive Technology
Wheelchairs, orthotics, communication devices, adaptive equipment, and home modifications that support mobility and independence.
Educational Support
Individualized Education Programs (IEPs), special education services, and accommodations to ensure your child reaches their full academic potential.
Psychological Support
Counseling and mental health services for children and families dealing with the emotional impact of living with a birth injury.
62 Counties
Served Statewide
200+
NY Hospitals Tracked
24/7
Support Available

Resources Available in New York

New York State offers extensive programs and resources specifically designed to support families affected by birth injuries:

  • New York Medical Indemnity Fund (MIF): Provides financial support for children who suffered neurological injuries at birth
  • Early Intervention Program (EI): Free services for children under 3 with developmental delays
  • Committee on Preschool Special Education (CPSE): Educational services for children ages 3-5
  • Birth Defects Registry: One of the nation's largest tracking and research programs
  • Regional Centers: Specialized care facilities across NY for children with disabilities
  • Medicaid & Insurance Programs: Coverage options for ongoing medical needs

When to Seek Legal Help

If you suspect your child suffered a birth injury due to medical negligence, it's important to understand your legal rights. Many families don't realize they may be entitled to compensation until they speak with someone knowledgeable about birth injury cases.

Consider reaching out for a consultation if:

  • Your child has been diagnosed with cerebral palsy, Erb's palsy, HIE, or another birth injury
  • There were complications during delivery that medical staff didn't respond to appropriately
  • Fetal distress was documented but a C-section was delayed
  • Your child requires ongoing medical care and you need help covering costs
  • Forceps or vacuum extraction was used and your child has nerve damage
  • You have questions about your child's condition and available resources

We're here to help you understand what happened and explore options that may help secure your child's future care.

Help Secure Your Child's Future

Find out if your family may be eligible for financial resources to help cover your child's care needs for years to come.

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(833) 567-7379

Supporting Families Living with Birth Injuries

Raising a child with a birth injury presents unique challenges that extend far beyond medical appointments. Families often experience a range of emotions and practical difficulties that can feel overwhelming.

Many families share these common feelings and experiences:

Grief over lost expectations and the future you imagined
Guilt or self-blame, even when the injury wasn't your fault
Fear about your child's future and long-term outcomes
Overwhelm from navigating complex medical and therapy systems
Financial stress from medical bills and lost income
Isolation from friends or family who don't understand

These feelings are valid, normal, and shared by thousands of families. With the right support, resources, and community, you can navigate this journey and help your child thrive.

Get the Support You Need

Talk to Our Team

Speak with someone who understands birth injuries and can answer your questions about diagnosis, treatment, and legal options.

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