How Common Are Birth Injuries and Can You Sue For Them?

Birth injuries, though sometimes unavoidable, result from trauma during childbirth. The result is devastating for the injured baby and the family.  Medical staff are responsible for closely monitoring the health of both mother and child, and responding appropriately to any complications. If health care providers violate the standard of care (i.e., if they are negligent), a cause of action exists against them.

Here we’ll go over birth injury facts, risk factors, and what to do if your baby had complications at birth.

Birth Injuries vs. Birth Defects: What’s the Difference?

First, it’s important to separate birth injuries from birth defects. Birth injuries are defined as physical harm sustained by a newborn during the labor and delivery processes due to medical errors, whereas birth defects develop before birth in utero. Generally, birth injuries are preventable if proper medical care is administered. On the other hand, birth defects are usually congenital anomalies caused by genetics or other issues during fetal development.

One example of a birth injury is brain damage from lack of oxygen. That typically occurs when doctors don’t deliver a baby quickly enough, or fail to convert to a cesarean section when it is necessary. A birth defect, however, is different because it is caused by malformations of the nervous system.

2025 Birth Injury Statistics & Prevalence

• Just under 7 in 1,000 babies experience a birth injury of some form in the United States. This adds up to roughly 30,000 injured newborns each year.
• The severity of birth injuries varies greatly, from simple bruising to lifelong debilitations. It’s estimated that 80% are moderate to severe, whereas 20% are minor. 
• Of the 20,000 infant deaths in the US each year, birth injuries account for 20%.
• Birth injuries are the fourth-leading cause of neonatal mortality.
• Oversized babies and premature births are at higher risk of receiving a birth injury.
• The most common form of birth injury is brain damage from asphyxiation, which can cause devastating lifelong conditions.
• Maternal risk factors that put an infant at higher risk of birth trauma include prolonged labor, difficult delivery, and certain pelvis shapes/sizes that cause the newborn to struggle or twist inside of the birth canal.
• Male infants are more susceptible to birth injuries due to higher-than-average weight at birth.
• Cerebral palsy, which is often linked to delivery-related brain damage, affects nearly 4 in 1,000 children.

What to Do If Your Baby Is Affected by a Birth Injury

If your newborn experiences a birth injury, it is imperative to take action quickly. Here is a step-by-step guide on what you should do to seek justice:

1. Gather All of Your Records

Document, document, document. A detailed record of any and all medical bills, reports, test results, notes, etc. relating to the injury will help you build a solid case if you pursue a lawsuit. Take photos and videos of visible injuries such as bruising or difficulty moving limbs. Get testimonials from any witnesses who were present in the delivery room. The more contemporaneous notes and documentation you have, the better your case will be if negligence actually played a role in your baby’s injury.

2. Seek Immediate Medical Attention

Odds are this step will already be covered if you’re already giving birth at a hospital. But if you notice difficulty in moving a limb, seizures, difficulty breathing, etc., seek the medical care of specialists as soon as it’s safe to do so.

Chances are if doctors suspect a birth injury they’ll perform an MRI, ultrasound, or nerve tests on the spot, but if something doesn’t seem right to you, make the request. 

3. Get a Free Consultation with a Birth Injury Attorney

The earlier you get in touch with an attorney, the better. They’ll deal with insurance companies on your behalf, gather evidence for you, and know how to determine whether it’s possible for you to seek damages. Additionally, they’ll find expert witnesses to testify on your behalf, file all legal paperwork, and take all the stress of a lawsuit off your plate so you can focus on caring for your baby. There are a lot of administrative tasks that come with filing a lawsuit and chances are you’re stressed enough taking care of an injured newborn. 

Furthermore, you have nothing to lose with an initial consultation. Most birth injury attorneys such as myself work on a contingency basis, meaning we don’t charge you to meet with us to discuss your case. We do not get paid until we win your case and it’s completely over.

Read more: How Long Do You Have to Sue for a Birth Injury?

Brian Lewis Has Won Millions for His Clients

I have decades of experience combating insurance companies and healthcare systems that try to downplay or even hide their negligence. My experience and passion for holding people accountable have led to over $125 million in damages for clients throughout my career. 

If your child has experienced an injury during birth, give me a call today to get your family the compensation it deserves.