Reviewed and updated by the Phillips Law Offices Legal Team in August 2026.
Birth injuries refer to physical harm or trauma that a newborn sustains during the process of delivery. These injuries can vary in severity and type, ranging from minor bruises and fractures to more severe conditions like cerebral palsy and nerve damage. Factors contributing to birth injuries include prolonged labor, difficult or assisted deliveries, and the baby’s size or position. Prompt medical intervention and specialized care are essential to manage and mitigate the impact of these injuries, ensuring the best possible outcomes for affected infants.
What Is Injury From Birth?
Injury from birth, also known as birth trauma, refers to physical harm or damage sustained by a newborn during the birthing process. These injuries can occur due to various factors such as prolonged labor, difficult delivery, improper use of delivery instruments, or complications related to the baby’s size or position. Birth injuries can range from minor, temporary conditions like bruises or fractures to more severe, long-term issues such as cerebral palsy or nerve damage.
Normal And Abnormal Position Of The Child At Birth
During childbirth, the position of the baby can significantly affect the delivery process. Here are the positions and what might be considered abnormal:
Normal Positions
- Vertex Presentation: This is the most common and ideal position where the baby’s head is down towards the birth canal, ready for delivery.
- Occiput Anterior: In this position, the baby’s head is down with the back of the head facing forward and slightly to one side (left or right anterior).
- Occiput Posterior: The baby’s head is down but facing towards the mother’s abdomen or back (sunny-side up position).
Abnormal Positions
- Breech Presentation: Instead of head-down, the baby’s buttocks or feet are positioned to enter the birth canal first. This can be more challenging for delivery and may require a different approach or even a cesarean section.
- Transverse Lie: The baby is positioned sideways across the uterus, making vaginal delivery impossible without intervention.
- Face Presentation: The baby’s face, rather than the top or back of the head, presents first. This can complicate delivery due to the larger diameter of the baby’s head.
- Compound Presentation: This occurs when a part of the baby’s body (like a hand or arm) is alongside the head in the birth canal, making delivery more difficult.
- Asynclitic Presentation: The baby’s head is tilted to one side, making it harder to descend through the birth canal.
Common Symptoms of Birth Injuries
Motor Function Issues: Birth injuries often manifest in impaired motor function, such as weakness or paralysis in specific limbs. For instance, conditions like Erb’s Palsy can lead to limited movement or difficulty controlling the affected arm.
Sensory Abnormalities: Some birth injuries affect sensory abilities, causing altered sensations or numbness in the affected areas. This can include reduced sensitivity or tingling sensations due to nerve damage.
Developmental Delays: Birth injuries may impact developmental milestones. Children may exhibit delays in reaching physical or cognitive milestones compared to their peers, requiring specialized interventions and therapies.
Musculoskeletal Abnormalities: Fractures or damage to bones and muscles can lead to visible abnormalities, such as deformities or differences in limb length or joint mobility.
Neurological Symptoms: Conditions like cerebral palsy, often associated with birth injuries, can cause a range of neurological symptoms. These may include seizures, involuntary movements, or difficulty with coordination and balance.
Types Of Injuries From Birth
Injuries during birth can vary widely in severity and type. Some common birth injuries include:
Brachial Plexus Injury
Brachial Plexus Injury (BPI) is a type of birth injury that affects the network of nerves responsible for controlling the muscles of the shoulder, arm, and hand. This injury typically occurs when there is excessive stretching or force applied to the baby’s neck and shoulders during delivery, often in cases of shoulder dystocia or difficult labor. Some brachial plexus injuries may heal on their own with physical therapy, more severe cases might require surgical intervention to improve function and mobility.
Cerebral Palsy
Cerebral palsy (CP) is a neurological disorder caused by brain damage that occurs before, during, or shortly after birth, affecting muscle coordination and movement. It is a lifelong condition that can manifest in various ways, including difficulty with motor skills, muscle stiffness, or involuntary movements. The severity of CP varies, with some individuals experiencing mild impairments while others face significant physical and intellectual challenges.
Fractures
Fractures in newborns are a type of birth injury where a bone is broken during the delivery process. The most commonly affected bone is the clavicle (collarbone), often due to the pressure and strain of passing through the birth canal or during assisted deliveries. While these fractures can be painful and cause temporary immobility, they generally heal well with proper medical care and immobilization.
Facial Nerve Injury
Facial nerve injury in newborns occurs when the facial nerve, which controls the muscles of the face, is damaged during childbirth. This can result from pressure on the baby’s face, particularly if forceps are used during delivery. Symptoms may include asymmetry in facial movements, such as an inability to close one eye or a drooping mouth on one side. Severe cases might require medical intervention or physical therapy to improve muscle function and prevent long-term effects.
Perinatal Asphyxia
Perinatal asphyxia is a medical condition where a newborn experiences a lack of oxygen before, during, or immediately after birth. This oxygen deprivation can result from various complications, such as umbilical cord problems, prolonged labor, or issues with the placenta. Perinatal asphyxia can lead to significant and potentially permanent damage to the brain and other organs, resulting in developmental delays, cerebral palsy, or other long-term health issues.
Caput Succedaneum
Caput succedaneum is characterized by swelling of a newborn’s scalp, typically resulting from the pressure exerted on the baby’s head during passage through the birth canal. This swelling often appears as a soft, puffy area on the scalp and may cross suture lines of the skull. Caput succedaneum is generally harmless and tends to resolve independently within a few days after birth, without lasting effects.
Cephalohematoma
Cephalohematoma is a type of birth injury characterized by the accumulation of blood between a newborn’s skull and the periosteum, the membrane covering the bone. This condition often arises from the pressure exerted on the baby’s head during delivery, especially in cases involving the use of forceps or vacuum extraction. Cephalohematomas present as a soft, swollen area on the infant’s head and may take weeks or months to fully resolve.
Intracranial Hemorrhage
Intracranial hemorrhage in newborns is a serious condition where bleeding occurs inside the skull, potentially affecting the brain. This can result from trauma during birth, premature birth, or medical complications such as blood clotting disorders. Symptoms may include seizures, lethargy, poor feeding, and abnormal muscle tone. Prompt diagnosis through imaging tests like ultrasound or MRI is crucial for effective treatment, which may involve medication, surgery, or supportive care.
Erb Palsy
Erb’s Palsy, also known as brachial plexus birth palsy, is a condition that affects the nerves controlling movement and sensation in the shoulder, arm, and hand. It typically occurs during difficult childbirths when there is excessive stretching or pulling of the baby’s head and neck. This can cause damage to the brachial plexus nerves, leading to weakness or paralysis in the affected arm.
Is Medical Malpractice Also Responsible For Injuries From Birth?
Yes, medical malpractice can sometimes be responsible for injuries sustained during birth. Medical malpractice occurs when a healthcare provider fails to provide the standard level of care that another similarly trained provider would under similar circumstances, leading to harm or injury to the patient.
In birth injuries, examples of medical malpractice may include:
Failure to Monitor: Inadequate monitoring of the mother or baby’s condition during labor and delivery, leading to complications that could have been prevented or managed.
Delayed or Improper Response to Complications: Failure to timely respond to signs of fetal distress or maternal complications, such as umbilical cord issues or placental problems.
Improper Use of Assisted Delivery Tools: Mishandling of forceps or vacuum extractors during delivery, leading to injuries like skull fractures or nerve damage.
Failure to Perform Timely Cesarean Section: When a cesarean section is indicated due to risks associated with vaginal delivery, but it is not performed promptly, resulting in harm to the mother or baby.
Medication Errors: Administering incorrect medications or doses during labor and delivery, can lead to complications for both mother and baby.
Treatments For Injuries From Birth
Treatment for injuries sustained during birth depends on the type and severity of the injury and can vary widely.
1. Physical Therapy and Rehabilitation: Many birth injuries, such as brachial plexus injuries or fractures, may benefit from physical therapy to improve muscle strength, range of motion, and overall function. Rehabilitation programs are tailored to the specific needs of the child to maximize recovery.
2. Surgical Interventions: In cases of severe injuries like fractures, nerve damage (such as in Erb’s Palsy), or internal bleeding (like intracranial hemorrhage), surgery may be necessary. Surgical procedures aim to repair damage, relieve pressure, or correct physical abnormalities to promote healing and improve outcomes.
3. Medications and Medical Management: Some birth injuries may require medications to manage pain, prevent infections, or address specific medical conditions that arise as a result of the injury.
4. Early Intervention Services: For developmental delays or disabilities resulting from birth injuries, early intervention programs provide specialized therapies and support to promote cognitive, physical, and social development from infancy through preschool age.
5. Long-term Care and Support: Depending on the severity and long-term effects of the injury, ongoing medical care, adaptive equipment (such as braces or wheelchairs), and educational support may be necessary to optimize the child’s quality of life and independence.
FAQs
What are common birth injuries?
Common birth injuries include brachial plexus injuries (such as Erb’s Palsy), fractures, cerebral palsy, and intracranial hemorrhage.
What causes birth injuries?
Birth injuries can be caused by factors such as prolonged labor, difficult delivery (including breech presentations), improper use of delivery tools, and medical conditions affecting the mother or baby.
How are birth injuries diagnosed?
Birth injuries are diagnosed through physical examination, imaging studies (like ultrasound or MRI), and assessment of symptoms such as limited movement, abnormal reflexes, or signs of distress.
What are the treatments for birth injuries?
Treatments vary depending on the type and severity of the injury but may include physical therapy, surgery, medications, and early intervention services to support developmental needs.
Can birth injuries be prevented?
Some birth injuries can be prevented with careful monitoring during labor, timely interventions, and appropriate medical care. However, not all injuries are avoidable, especially in complex or high-risk pregnancies.
Is a claim different if my baby was in the NICU?
Not fundamentally. The legal question is still whether a provider deviated from the accepted standard of care and caused harm. A NICU admission usually means the medical record is longer, vitals, blood gases, ventilator settings, nursing notes, which can work in a family’s favor. Our NICU negligence guide covers what those records typically show and how they get pulled into a claim.
Can I still file if the injury wasn’t diagnosed until later?
Often, yes. Cerebral palsy in particular is rarely diagnosed at birth, it typically shows up as a child misses motor milestones over the following one to two years. Illinois law accounts for this delay in discovery, though the exact deadline depends on the child’s age and when the injury was reasonably discoverable. See the statute of limitations section below.
How Long Do You Have to File a Claim in Illinois?
Illinois applies a shorter clock to adults than to children. Under 735 ILCS 5/13-212, a medical malpractice claim generally must be filed within two years of when the injury was discovered or reasonably should have been discovered, and no later than four years from the date of the negligent act itself.
Children get more room. A claim filed on a minor’s behalf generally is not barred until the child turns 22, but the underlying eight-year outer limit from the date of the alleged negligence still applies in most circumstances. That gap between the two-year adult rule and the minor’s extended window is exactly why birth injury cases can still be viable years after delivery.
These deadlines are fact-specific, and missing one closes the door permanently regardless of how strong the underlying case is. Our Illinois statute of limitations guide walks through the discovery-rule exceptions in more detail. If you are unsure where your child’s case falls, ask an attorney before assuming you have time to wait.
A Hypothetical Example: How a Pattern of Injury Signals Negligence
Here is an illustrative scenario, not an account of an actual client or case.
A first-time mother in a Chicago-area hospital labors for over twenty hours. Fetal heart monitoring strips show recurring decelerations for the last ninety minutes before delivery. The on-call OB does not review the strip during that window. Delivery is eventually assisted with forceps, and the baby is born with a facial nerve injury and low Apgar scores requiring a NICU transfer.
On its own, a facial nerve injury from an assisted delivery is not automatically malpractice, some injuries occur even with careful technique. What would matter to an attorney reviewing a case like this is the gap: whether the monitoring strip was actually reviewed in real time, whether a C-section should have been called earlier given the deceleration pattern, and whether the eventual choice to use forceps was reasonable under the circumstances at that specific moment. Those questions get answered by the fetal monitoring strips, nursing notes, and physician orders, not by the injury alone.
Birth Injury vs. Birth Defect: Why the Distinction Matters
Not every condition present at birth is a birth injury in the legal sense. A birth defect is typically a congenital condition, genetic, chromosomal, or developmental, that exists before labor even begins. A birth injury, by contrast, is trauma caused during the labor and delivery process itself, which is what opens the door to a malpractice claim.
The two can look similar at first, and sorting one from the other usually requires a medical record review, not a guess based on symptoms. Our birth injury vs. birth defect guide breaks down how that distinction gets made and what evidence typically settles it.
What to Do Next If You Suspect a Birth Injury
Start with the records, not the diagnosis.
Request the complete labor and delivery chart from the hospital, fetal monitoring strips, nursing notes, physician orders, and the delivery summary. Illinois law gives patients (and parents, on a child’s behalf) the right to obtain these records; hospitals cannot simply refuse. Keep a copy of everything, including any NICU or pediatric neurology records that follow.
Write down what you remember about labor and delivery while it is still fresh, timing of interventions, who was in the room, anything a nurse or doctor said about concerns during labor. Memories fade faster than most people expect, and small details sometimes matter later.
Then talk to a birth injury attorney before too much time passes. A consultation costs nothing, and an attorney can tell you early whether the facts support a claim, before any filing deadline becomes a problem.
Contact Us If Suffering For Injuries From Birth
If you or your child has suffered from a birth-related injury, our dedicated birth injury lawyers are here to help. We know what these injuries do to a family, financially and otherwise.
Our team reviews the medical records, identifies where the standard of care broke down, and handles the legal process so you can focus on your child. Call (312) 346-4262 for a free consultation.