Birth Injuries & Medical Malpractice

The moment you met your baby was supposed to be one of the happiest days of your life. Instead, you were handed fear, confusion, and a thousand unanswered questions. If your child was injured at birth because of a medical mistake, it may be considered medical malpractice — something you can seek justice for.

At Complicated Care, we help women understand their legal rights when the unthinkable happens. Get a free case review now. You don’t have to fight this battle alone.

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What Is a Birth Injury?

A birth injury happens when something goes wrong during pregnancy, labor, or delivery, and the baby is harmed as a result. While some injuries are unavoidable, others happen because a doctor, nurse, or other hospital staff made a preventable mistake.

Some of the most common birth injuries tied to medical malpractice include:

Birth Asphyxia (Oxygen Deprivation)
Brachial Plexus Injuries
Brain Damage
Caput Succedaneum
Cephalohematoma
Cerebral Palsy
Erb’s Palsy
Forceps Delivery Complications
Horner Syndrome
Hydrocephalus
Hypoxic-Ischemic Encephalopathy (HIE)
Intrauterine Fetal Demise (IUFD)
Intraventricular Hemorrhage (IVH)
Kernicterus
Klumpke’s Palsy
Meconium Aspiration Syndrome (MAS)
Meningitis
Periventricular Leukomalacia (PVL)
Shoulder Dystocia
Skull Fractures
Spinal Cord Injuries
Subconjunctival Hemorrhage
Torticollis
Umbilical Cord Problems
Vacuum Extraction Complications
Wrongful Death

“During the birth of our baby, things went very wrong. We asked for a C-section, but it was refused. A vacuum was used, leading to serious brain bleeding, and our baby ultimately passed away. They were a huge help in navigating this complicated and painful process.”
– Indiana Parent & Firm Client

These injuries don’t just “happen.” In many cases, they’re the result of bad decisions or a failure to act when it mattered most.

Now, your child may need lifelong care, something many families struggle to afford.

How Do I Know If It Was Medical Malpractice?

Doctors don’t always admit when something went wrong. And hospitals don’t exactly volunteer to take responsibility. That’s why so many women are left asking, “Was this just bad luck…or was this preventable?”

It’s natural to wonder whether your child’s injury could have been avoided. Please know you have a right to ask these hard questions. You’re standing up for your child and fighting for their future.

A qualified birth injury legal team can investigate the details of your care, consult medical experts, and uncover whether your provider failed to meet the standard of care.

And if they did? That’s not your burden to carry alone. We’re here to fight for you.

Common Examples of Malpractice

A doctor fails to monitor a baby’s heart rate during labor and delivery and misses fetal signs of distress, leading the newborn to suffer a brain injury.
An obstetrician incorrectly uses a vacuum extractor to deliver a baby and causes bleeding in the brain.
A physician pulls too hard on a newborn’s neck to speed up a vaginal delivery, injures the nerves for the shoulder and arm, and causes Erb’s palsy.
An obstetrician’s poor management of a complicated pregnancy or delivery harms the newborn and the mother.

We have a team of registered nurses on staff who can help you understand what happened to your child and if medical malpractice may have been involved. Contact us now.

“I’m here to listen and use my medical training and experience to help identify things that may have gone wrong during birth.”
– Kristin Proctor, Registered Nurse

Spotting Types of Birth Injuries in Your Baby

Determining if your child has a birth injury requires careful observation and communication with health care professionals.

The Apgar test is a quick way to evaluate the health of a newborn. If you don’t know your baby’s Apgar score, finding it out can offer insight into whether something went wrong during their birth.

Here are steps you can take to determine if your child could have a birth injury:

Learn typical developmental milestones for your baby. This can help you keep track of when your baby should develop certain skills like sitting up and crawling.
Monitor your child’s progress. Be sure to keep detailed records of your child’s developmental progress. Include when you first noticed issues and how long they have been occurring.
Consult with your child’s pediatrician. If you have concerns about your child’s development or health, talk with a doctor you trust right away.
Get diagnostic testing for your child. Imaging tests like an MRI or CT scan, blood tests, and genetic testing may reveal a birth injury.
Get a second opinion. If you’re uncertain about a diagnosis or treatment plan, don’t hesitate to seek a second opinion from another health care provider.

If you have any concerns about your child’s development, contact our team now. We have registered nurses on staff who can help you understand what may be going on.

Real Results. Life-Changing Impact.

Birth injury cases aren’t just about money — they’re about justice, healing, and hope for the future. It is about fighting for a world without preventable injuries while working to secure your child’s financial future.

Let’s face it: Medical care is expensive, and you want your child to have the best life possible. Not every family is able to meet the costs of their child’s care without help.

Birth injury lawsuit settlements can help pay for:

Adaptive equipment
Home alterations/accommodations
Lost wages or loss of earning capacity
Medical bills
Pain and suffering
Physical therapy
Special education
Other related expenses

Compensation can help you pay for the care your child needs to live their best life and lessen the financial burden, so you can spend more time with your family.

No amount of money can undo what happened, but the right legal support can ease the weight you’re carrying and secure your child’s future.

Past Birth Injury Settlements & Verdicts

Over $10 Million for a child in Pennsylvania diagnosed with cerebral palsy
$8 Million on behalf of a New York child with a vacuum extractor injury
$5.1 Million on behalf of a Texas family with a child who suffered birth asphyxia (oxygen deprivation)
$4.5 Million to a child with Erb’s palsy in Illinois
Over $4 Million to a child who experienced umbilical cord strangulation and fetal distress
$5 Million for a child in Massachusetts who suffered a brain injury during childbirth
$7.8 Million to a Florida family with a child who developed cerebral palsy

Let’s Talk. No Pressure, Just Support.

You’re already doing the hardest job in the world: being a mom to a child who needs extra care. We’re here to help make that road a little easier.

If you believe a medical mistake may have hurt your child, reach out. We have registered nurses on staff who can listen to your story and explain your options. All for free and with zero obligation.

Contact our team now. Because your story matters. Your baby matters.

Frequently asked questions

How common is injury from childbirth?

About 7 in every 1,000 babies born in the United States suffers a birth injury, which adds up to about 30,000 babies each year.

What is the most common type of birth injury?

A head injury is the most common type of birth injury, according to Merck Manual. While these injuries are often minor, they can cause permanent disabilities in some cases.

Types of head injuries from birth trauma include:

Caput succedaneum: Swelling of the baby’s scalp after delivery
Cephalhematoma: Pooling of blood under the scalp
Skull fractures: A break in one or more skull bones
Subgaleal hemorrhage: Active bleeding between the scalp and skull

Head injuries are sometimes caused by medical mistakes made by the labor and delivery team. When that’s the case, medical professionals may be held responsible for the harm they caused.

How do you know if a baby has had birth trauma?

A baby might have had birth trauma if they exhibit physical signs, such as bruising or swelling on the head, feeding problems, or excessive crying.

A difficult delivery increases the chances that a child may have experienced birth trauma. A health care provider can assess your child and provide a diagnosis, so they can get the care they need.

Birth trauma symptoms can be subtle and may not appear until months or years after a child has been born. A labor and delivery nurse can help figure out if your baby may have suffered an injury — at no cost to you.

Written by: Complicated Care

Complicated Care was founded by a team of legal and medical professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.