Birth Injury: Types and What to Do About It

The birth of a child is a miraculous event, one filled with hope and joy. Unfortunately, sometimes, the experience is marred by an unexpected birth injury. For new parents, grappling with the aftermath can be both emotionally and physically draining. Being armed with the right information can provide a semblance of control in an otherwise chaotic situation. This article aims to be that guiding resource. We’ll explore the different types of birth injuries, delve into the risk factors, and talk about prevention. Furthermore, we’ll discuss the legal routes available to those affected and how financial settlements work. In a situation where every decision can have long-lasting implications, having a trusted resource can be invaluable.

Understanding the Basics: What Is a Birth Injury?

A birth injury is a physical injury sustained by a newborn during the process of labor and delivery. These injuries can range from mild to severe and may involve temporary or permanent damage. Understanding the type and extent of the birth injury is essential, as it determines the kind of treatment the child will require. It also establishes whether the injury was avoidable or due to medical malpractice, which is crucial when considering legal action. Birth injuries can happen due to various factors, such as the baby’s position during delivery, the size of the baby, or the method of delivery employed (vaginal or C-section). In some cases, the healthcare provider may be at fault, and that’s where legal avenues can come into play.

Settlements: The Financial Aspect of Birth Injuries

Securing a financial settlement is often a pivotal aspect of dealing with a birth injury. Settlements aim to cover immediate and future medical expenses, pain and suffering, and any long-term care the child may need. Negotiating a fair settlement can be complex and requires an adept attorney well-versed in medical malpractice claims. You’ll need to consider many factors, such as the severity of the injury, the cost of future medical care, and the emotional toll it’s taken on the family. For instance, Erbs palsy settlements are typically higher for severe cases where the child may need lifelong care and support.

Common Types of Birth Injuries

While there are numerous kinds of birth injuries, some are more prevalent than others. Erb’s Palsy, for example, affects the brachial plexus nerves controlling arm movements. This can occur when excessive force is applied to the baby’s head or neck during delivery. Symptoms often include weakened or paralyzed arm muscles. Cerebral Palsy is another type of birth injury that affects muscle coordination and body movements. It frequently arises from a lack of oxygen to the brain during childbirth, sometimes due to negligence in monitoring the baby’s oxygen levels. Bone fractures, specifically clavicle fractures, also rank high on the list of common birth injuries. Typically, this occurs during challenging deliveries or in larger babies and usually heals without significant issues.

Medical Procedures and Risk Factors

Medical procedures like vacuum extractions and forceps deliveries increase the likelihood of birth injuries. However, even standard deliveries can carry some risks. The baby’s size, mother’s health, and length of labor are also contributing factors. For instance, a larger-than-average baby might require more force during delivery, potentially leading to injuries. If the mother has health conditions like diabetes or high blood pressure, it can complicate the situation further. Lengthy labor is another risk factor, as it increases the child’s stress levels and potential for injury. Being aware of these factors can help you make informed decisions regarding your delivery methods and medical care.

Preventive Measures: Reducing the Risks

Preventive measures start well before labor. Adequate prenatal care, choosing the right hospital, and discussing birth plans with healthcare providers can significantly mitigate the risks. Exercise and proper nutrition during pregnancy can also positively affect the outcome. On the day of delivery, insist on continuous monitoring to track the baby’s heartbeat and oxygen levels, as quick intervention can prevent many birth injuries. If you have a high-risk pregnancy, consult with specialists and consider a hospital equipped with advanced neonatal care units (NICUs).

Legal Steps: When to Consider a Lawsuit

Determining when to file a lawsuit involves careful consideration. First, consult with healthcare providers to understand the nature and cause of the injury. If you suspect medical negligence, seek legal counsel immediately. Time is of the essence, as statutes of limitations can affect your ability to file a claim. Your attorney can guide you through collecting evidence, which may include medical records, eyewitness accounts, and expert testimonials. Remember, legal procedures can be lengthy and emotionally taxing, so mental preparedness is crucial.

How to Choose the Right Attorney

Legal expertise in medical malpractice, specifically in birth injury cases, is non-negotiable when choosing an attorney. Check for proven track records, consult previous clients if possible, and meet with the lawyer to gauge compatibility. You’re entrusting this person with a significant part of your life; due diligence is not just advisable; it’s necessary. The right attorney will be your advocate, fighting not just for financial compensation but also for your peace of mind.

What to Expect: The Legal Process

If you decide to proceed with a lawsuit, prepare for a multi-stage process. The initial consultations and evidence gathering are just the beginning. Once the lawsuit is filed, both parties will engage in discovery—the process of exchanging evidence. Settlement negotiations may follow, or the case may go to trial. A trial is a drawn-out process, and while it may result in higher compensation, it comes with risks and emotional tolls. Understanding these steps will help you manage your expectations and make informed decisions.

Coping and Support: Beyond Legal Actions

Families affected by birth injuries need emotional and psychological support to navigate the challenges ahead. Support groups, online forums, and counseling services can offer invaluable emotional backup. It’s easy to focus solely on the legal and medical aspects and forget the emotional well-being of the family. Consider family therapy or individual counseling to address the emotional repercussions.


The challenges faced by families affected by birth injuries are enormous. Emotional, physical, and financial tribulations often become a daily reality. This guide aims to ease some of that burden by providing comprehensive information on all facets of dealing with birth injuries—from understanding the types and causes to exploring legal avenues and settlements. Knowledge is power, and in situations where you may feel powerless, being informed is the first step towards reclaiming control. Take the information, consult professionals, and make the best decisions you can for your family’s future.