Types of Birth Injuries: Understanding Your Child’s Diagnosis and Legal Rights

When a baby suffers an injury during labor or delivery, the effects can be devastating for the child and family. Some birth injuries heal with time and treatment, while others result in lifelong challenges that require extensive medical care and financial support. At Hoffer & Sheremet, PLC, our attorneys focus on helping families understand what went wrong and holding healthcare providers accountable when medical negligence causes harm.

In this article, we explain the most common types of birth injuries, their causes, and how parents can protect their legal rights.

Table of Contents

What Is a Birth Injury?

A birth injury is physical or neurological damage sustained by a baby before, during, or shortly after delivery. These injuries may result from natural complications, but in many cases, they are caused—or worsened—by medical errors, such as failure to monitor fetal distress, improper use of delivery instruments, or delays in performing an emergency C-section.

Common Types of Birth Injuries

1. Hypoxic-Ischemic Encephalopathy (HIE)

What it is: HIE occurs when a baby’s brain does not receive enough oxygen and blood during labor or delivery.
Why it matters: Even a few minutes of oxygen deprivation can lead to severe brain damage, seizures, and long-term disabilities such as cerebral palsy.
Common causes: Delayed recognition of fetal distress, prolonged labor, cord prolapse, or delayed C-section.

2. Cerebral Palsy (CP)

What it is: Cerebral palsy is a group of neurological disorders affecting muscle control and movement.
Why it matters: It is often linked to birth asphyxia (oxygen deprivation) or traumatic delivery, and it can require a lifetime of therapy, adaptive equipment, and medical support.
Common causes: Untreated HIE, infections during pregnancy, or traumatic use of forceps/vacuum extraction.

3. Brachial Plexus Injuries (Including Erb’s Palsy)

What it is: Damage to the nerves in the baby’s neck and shoulder during delivery.
Why it matters: This can result in Erb’s palsy, where the baby experiences weakness or paralysis in one arm.
Common causes: Shoulder dystocia (when a baby’s shoulder gets stuck during delivery) or excessive pulling on the baby’s head or arms.

4. Skull Fractures and Head Trauma

What it is: Fractures or bleeding inside the baby’s skull caused by pressure or instruments during delivery.
Why it matters: Head trauma can cause intracranial hemorrhages (bleeding inside the brain), leading to seizures, developmental delays, or permanent neurological damage.
Common causes: Misuse of forceps or vacuum extractors, or prolonged, difficult labor.

5. Spinal Cord Injuries

What it is: Damage to the spinal cord during delivery.
Why it matters: These rare but devastating injuries can cause paralysis or long-term neurological deficits.
Common causes: Breech deliveries, excessive traction, or improper use of delivery tools.

6. Facial Nerve Damage (Bell’s Palsy)

What it is: Injury to the nerves controlling facial muscles.
Why it matters: This may cause facial paralysis, often noticeable when the baby cries.
Common causes: Pressure from forceps, vacuum extraction, or prolonged pressure during delivery.

7. Fractured Bones

What it is: Broken clavicles or long bones during delivery.
Why it matters: Most fractures heal with proper treatment, but they may indicate excessive force during delivery.
Common causes: Shoulder dystocia or improper handling during delivery.

8. Cephalohematoma and Subgaleal Hemorrhage

What it is: Bleeding between the baby’s skull and scalp tissues.
Why it matters: These injuries may resolve on their own but can cause complications like jaundice, anemia, or shock.
Common causes: Vacuum-assisted deliveries or prolonged, difficult labor.

How Do I Know If My Baby’s Injury Was Preventable?

Not all birth injuries are caused by malpractice. However, many result from medical errors, including:

Failure to monitor or respond to signs of fetal distress.
Delays in ordering or performing an emergency C-section.
Misuse of forceps or vacuum extractors.
Improper management of high-risk pregnancies.

If you believe your baby’s injury was preventable, you have the right to investigate what happened and pursue legal action if negligence occurred. Our birth injury lawyers can help.

What Should Parents Do After a Birth Injury?

Get a full medical evaluation – Request records, ask for imaging studies, and ensure your baby sees the appropriate specialists.
Document everything – Keep a journal of symptoms, treatments, and communications with medical providers. Take pictures of any injuries that you can see.
Seek legal advice early – Hospitals and insurers act quickly to protect themselves; you should too.

How Hoffer & Sheremet’s Michigan Birth Injury Lawyers Can Help

At Hoffer & Sheremet, we are one of the few Michigan law firms focusing on malpractice and birth injury cases. We work with leading medical experts to review what happened and fight for the compensation your child needs for lifelong care.

If you suspect your child’s birth injury was preventable, contact us for a free consultation or fill out the form below. We will help you understand your legal options and take action to secure justice for your family.

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