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.
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.
Learn More →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).
Learn More →Intracranial Hemorrhage
Bleeding inside the skull that can occur during delivery, including subdural, subarachnoid, and intraventricular hemorrhages. May cause seizures and developmental issues.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →Phrenic Nerve Injury
Damage to the nerve controlling the diaphragm, often associated with brachial plexus injury. Can cause breathing difficulties and require ventilator support.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →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.
Learn More →Spinal Cord Injury
Rare but serious damage from excessive traction during delivery. Can cause paralysis, breathing problems, and sensory loss below the injury site.
Learn More →Kernicterus
Preventable brain damage from severe untreated jaundice. Causes permanent neurological problems including hearing loss, movement disorders, and developmental delays.
Learn More →Meconium Aspiration Syndrome
Breathing problems when baby inhales meconium-stained amniotic fluid. Can cause severe respiratory distress, pneumonia, and lung damage requiring intensive care.
Learn More →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.
Learn More →Forceps & Vacuum Injuries
Trauma from assisted delivery tools including facial marks, scalp lacerations, skull fractures, and brain injuries when excessive force is used improperly.
Learn More →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.
Learn More →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.
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
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.
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.
- 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
- 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)
- 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
- 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.
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.
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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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