What Makes a Birth Injury a Malpractice Case?

Failure to Monitor Fetal Distress

Providers are expected to properly monitor fetal heart rate and other signs of distress during labor, using continuous or intermittent fetal monitoring depending on the risk level of the pregnancy. A failure to recognize and respond to warning signs in a timely way, an abnormal heart rate pattern, for example, can result in preventable oxygen deprivation and permanent injury to the baby.

These cases often hinge on a careful, minute-by-minute review of the fetal monitoring strips, comparing what the strip showed against how quickly, and how appropriately, the medical team responded.

Delayed or Mishandled C-Sections

When a vaginal delivery is not progressing safely, timely intervention with a C-section can be critical to preventing injury. Unreasonable delay in making this decision, whether from understaffing, miscommunication, or a failure to recognize warning signs quickly enough, is a common basis for birth injury claims.

Because the window for safely intervening can be narrow, minutes genuinely matter in these situations, and a delay that seems small on paper can correspond to a meaningful difference in oxygen deprivation and its resulting harm.

Improper Use of Delivery Instruments

Forceps and vacuum extractors carry real risk if used improperly, including nerve damage, skull fractures, and brain injury. Careless or excessive force in using these tools, or using them when they were not actually an appropriate choice for the specific delivery, can constitute malpractice.

These injuries are sometimes visible immediately, bruising, marks, or an obvious injury, but the more serious underlying harm, such as a brachial plexus injury affecting arm function, can take time to fully assess.

Failure to Diagnose Pregnancy Complications

Conditions like preeclampsia, gestational diabetes, placental abruption, or umbilical cord complications, if not properly monitored and managed throughout pregnancy and labor, can lead to preventable harm to both mother and baby. Regular prenatal screening exists specifically to catch these conditions before they become emergencies.

A provider who dismisses concerning symptoms, high blood pressure, unusual swelling, decreased fetal movement, without appropriate follow-up testing can miss the window to intervene before serious harm occurs.

Common Resulting Injuries

Cerebral palsy, brachial plexus injuries (like Erb’s palsy affecting arm and shoulder movement), and hypoxic-ischemic encephalopathy from oxygen deprivation are among the most serious injuries linked to birth injury malpractice claims. These conditions can range from mild to profoundly disabling, often requiring lifelong care and support.

Maternal Injuries Are Also Part of This Category

Birth injury claims are not limited to harm to the baby. Severe maternal hemorrhage that goes unrecognized, failure to properly manage a placental complication, or negligent post-delivery care can cause serious, sometimes life-threatening harm to the mother as well, and deserve the same careful evaluation.

Why These Claims Require Especially Careful Medical Review

Birth injury cases are among the most medically complex malpractice claims, requiring expert review of prenatal records, labor and delivery timelines, fetal monitoring data, and often neonatal records to establish exactly when and how things went wrong. The evaluation typically involves specialists in obstetrics and, depending on the injury, neonatology or pediatric neurology.

Steps if You Suspect a Birth Injury Occurred

1. Request complete labor and delivery records, including fetal monitoring strips, as early as possible.
2. Document your child’s developmental milestones and any concerns raised by pediatricians over time.
3. Keep records of all follow-up care, therapies, and specialist evaluations related to the injury.
4. Consult an attorney promptly given the medical complexity and time these cases take to properly evaluate.