Birth Injuries and Medical Negligence: What Parents Should Know
- Ted Novick
- Oct 9
- 3 min read
Bringing a child into the world should be one of the happiest moments in a family’s life. But when something goes wrong during labor or delivery, the consequences can be devastating. Birth injuries can leave lasting physical, emotional, and financial impacts on both the child and the family. In many cases, these injuries result from medical negligence—errors or omissions that could have been prevented.
Understanding the causes of birth injuries, the types of harm that can occur, and your legal options is essential for parents navigating this difficult situation.
What Is a Birth Injury?
A birth injury is any harm sustained by a baby during labor, delivery, or immediately after birth. These injuries can be temporary or permanent and may result from complications, mistakes by medical staff, or inadequate monitoring.
Common birth injuries include:
Brachial plexus injuries (Erb’s palsy) – damage to the nerves controlling the arm and hand, often caused by excessive pulling during delivery.
Cerebral palsy – a neurological disorder resulting from oxygen deprivation or brain trauma during birth.
Fractures – broken bones caused by improper handling of the baby.
Facial nerve injuries – damage to facial nerves during delivery, which may lead to weakness or paralysis.
Hypoxic-ischemic encephalopathy (HIE) – brain damage due to lack of oxygen, which can result in developmental delays or lifelong disabilities.
While some birth injuries are unavoidable, many occur due to preventable errors by medical professionals.
How Medical Negligence Leads to Birth Injuries
Medical negligence happens when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm. In the context of birth injuries, this might include:
Failure to monitor the baby’s heart rate – Undetected distress can lead to oxygen deprivation.
Improper use of delivery tools – Forceps or vacuum extractors used incorrectly can cause nerve damage or fractures.
Delayed C-section – Waiting too long to perform a cesarean section in an emergency situation can cause severe injury.
Medication errors – Incorrect dosages of drugs like Pitocin or anesthesia can harm both mother and baby.
Misdiagnosis or failure to recognize complications – Conditions like preeclampsia, shoulder dystocia, or umbilical cord prolapse require immediate intervention.
When these mistakes occur, the consequences can be severe, leaving families with medical bills, therapy costs, and emotional trauma.
Signs That a Birth Injury May Have Been Caused by Negligence
Not every birth injury is the result of medical malpractice. Some injuries happen despite proper care. However, certain signs may indicate negligence:
Injuries that should not occur under normal circumstances.
Clear evidence that proper protocols were not followed.
Failure to respond to signs of fetal distress.
Lack of timely intervention during complications.
If you notice these warning signs, it’s important to consult a knowledgeable Mahopac NY Medical Malpractice Attorney who can review your case and determine whether legal action is warranted.
Legal Options for Families
Families affected by birth injuries may be entitled to compensation for both the child and the parents. Damages can include:
Medical expenses – hospital stays, surgeries, therapy, and ongoing care.
Lost income – for parents who need to take time off work or provide care.
Pain and suffering – emotional distress endured by both child and family.
Special needs care – future costs associated with lifelong disabilities or medical care.
Filing a medical malpractice claim often involves gathering extensive medical records, consulting expert witnesses, and demonstrating how the standard of care was breached. A skilled Mahopac NY Medical Malpractice Attorney can guide families through this complex process, ensuring the child’s and family’s needs are fully represented.
Preventing Birth Injuries: What Parents Can Do
While not all injuries are preventable, parents can take steps to reduce risks:
Choose a reputable hospital or birthing center with a strong safety record.
Research your medical team and ask questions about experience and protocols.
Attend prenatal classes to understand potential complications and delivery options.
Advocate for your care during labor; don’t hesitate to ask for updates or request intervention if you feel something is wrong.
Being informed and proactive can help parents protect their child and ensure that the medical team takes every precaution to provide safe care.
Final Thoughts
Birth injuries can be life-changing, but families should know that legal recourse is available when negligence is involved. Hospitals and medical professionals have a duty to provide safe, competent care, and when they fail, they must be held accountable.
If your child suffered a birth injury that may have been caused by medical negligence, reach out to a Mahopac NY Medical Malpractice Attorney. The right legal advocate can help you understand your rights, pursue compensation, and ensure your family receives the care and support it needs to move forward.
Your child’s future matters, and seeking justice can make a meaningful difference in the life of your family.



