When New Beginnings Go Wrong: Understanding Birth Injuries and Medical Malpractice
- EvaluCare
- May 19
- 6 min read
Introduction
The birth of a child is meant to be a joyful, life-affirming event. But for some families, it becomes a moment marred by tragedy and trauma. Birth injuries, preventable harm to a baby or mother during childbirth, remain one of the most emotionally devastating and legally significant forms of medical malpractice. These injuries can result from a failure to monitor fetal distress, miscommunication among care teams, delayed C-sections, improper use of delivery tools, loss of situational awareness, or failure to act on signs of complications.
While not every adverse outcome constitutes negligence, many birth injuries are the direct result of substandard care that fails to meet the accepted clinical standards. This blog explores common types of birth injuries, legal precedents, ways families can protect themselves, and how EvaluCare can help families get answers, find justice and get closure when something goes wrong.
Common Types of Birth Injuries and Medical Negligence
1. Cerebral Palsy (CP)
Cerebral palsy is a neurological disorder often caused by lack of oxygen to the baby's brain during labor or delivery. This may be due to prolonged labor, umbilical cord problems, or failure to perform a timely C-section when fetal distress is detected.
Case Example: In 2012, a Florida jury awarded $55 million to the family of a boy who developed cerebral palsy after medical providers failed to monitor signs of fetal distress and delayed a C-section (Case: O'Leary v. United States).
Preventive Tip: Parents can ask their care team about fetal heart rate monitoring protocols and advocate for prompt intervention if abnormalities are detected. There is a balance here. Some new approaches are suggesting that intermittent fetal heart rate monitoring reduces unnecessary C-Section. Regardless of what your hospital does care practices should be connected to the most recent clinical guidelines.
2. Shoulder Dystocia and Brachial Plexus Injuries (Erb’s Palsy)
This occurs when the baby's shoulder gets stuck behind the mother's pelvic bone, causing nerve damage to the baby's arm. It is often associated with larger babies, prolonged labor, or improper delivery techniques.
Case Example: In 2016, a Pennsylvania jury awarded $14.5 million in a brachial plexus injury case, concluding that excessive force was used during delivery and a C-section should have been considered (Case: Yoder v. Children's Hospital of Philadelphia).
Preventive Tip: Request a thorough prenatal assessment for delivery risks such as gestational diabetes or fetal macrosomia. Don’t hesitate to discuss the possibility of elective C-section.
3. Hypoxic-Ischemic Encephalopathy (HIE)
HIE results from oxygen deprivation and can lead to permanent brain damage, developmental delays, or death. The condition often stems from failure to monitor labor or delay in emergency interventions.
Case Example: In 2019, a Georgia court awarded $30 million to a family whose child developed HIE due to delay in recognizing signs of distress on the fetal monitor (Case: Walker v. Emory Healthcare).
Preventive Tip: Ask your care team about emergency response protocols. Consider delivering at a hospital with a Level III or IV NICU if high-risk conditions are anticipated.
4. Maternal Injuries and Death
Negligence can also lead to severe harm or death to the mother, such as hemorrhage, infection, or complications from preeclampsia.
Case Example: In 2020, the family of Kira Johnson received a $10 million settlement after her death due to delayed treatment for internal bleeding following a C-section at Cedars-Sinai Medical Center.
Preventive Tip: Ask about postpartum monitoring plans and speak up if you experience unusual symptoms such as dizziness, excessive bleeding, or chest pain.
5. Fractures and Lacerations
Bone fractures or facial lacerations can occur due to improper use of forceps or vacuum extractors.
Case Example: In a 2015 New York case, $1.5 million was awarded to a family whose baby sustained a skull fracture due to inappropriate vacuum extraction during delivery (Case: Anonymous v. NYC Health + Hospitals).
Preventive Tip: Discuss with your provider the planned method of delivery and their experience with assisted delivery tools.
Systemic Failures Behind Birth Injuries
Many of these cases stem from broader systemic issues:
Understaffing: Especially during nights and weekends.
Communication Breakdowns: Between obstetricians, nurses, and anesthesiologists.
Lack of Situational Awareness: When a change in condition isn’t recognized.
Delayed Escalation: Junior staff may hesitate to call senior physicians.
Lack of Standardized Protocols: For managing labor emergencies.
Over-reliance on Technology: Without proper clinical interpretation.
These systemic failures point to the need for improved care coordination and safety culture within hospitals.
What Families Can Do to Prevent Birth Injuries
While it is not the family’s responsibility to ensure safe care, being proactive can reduce risks:
Choose Your Provider Carefully: Look for board-certified OB/GYNs with strong hospital affiliations. Understand the backup providers that might cover time off. Understand based on due dates what the plan your provider availability for a full-term birth.
Ask Questions: About monitoring protocols, emergency procedures, and experience with high-risk deliveries. Task family members, a partner or doula with this knowledge so they can engage.
Write a Birth Plan: Include preferences for interventions, communication, and backup plans.
Bring an Advocate: A partner, doula, or family member can help watch for red flags.
Access Medical Records: Post-delivery, request your records and review them for understanding.
Trust Your Instincts: Speak up if something feels wrong. Delays can be dangerous.
Support Provider Communication: Connect members of your treatment team by bridging any gaps that might exist on how they are communicating. Share with nurses what the doctor said as an example.
Legal Implications and Notable Cases
Medical malpractice related to birth injuries often results in substantial settlements or verdicts because the impact is lifelong. These cases frequently involve:
Failure to recognize fetal distress
Delay in performing a C-section
Misuse of delivery tools
Inadequate postpartum care
According to a 2021 Medscape report, obstetrics ranked among the top five medical specialties for malpractice claims. The long-term costs of caring for a child with severe birth injuries can exceed millions of dollars over a lifetime, justifying significant legal awards when negligence is proven.
How EvaluCare Can Help When Things Go Wrong
At EvaluCare, we provide medical care review services and understand how devastating birth injuries can be for families who expected joy and instead received heartbreak. Our team includes practicing clinicians, former hospital quality leaders, and experienced healthcare professionals who know how the system should work, and what happens when it fails. We identify when there is negligence and work with you to identify when you should engage the services of an attorney if you don’t already have one. We can provide our analysis to your attorney.
We offer:
Expert Medical Record Reviews: To determine if care fell below accepted standards.
Support in Direct Resolution: With healthcare providers without a lawsuit based on your unique needs and injuries incurred.
Guidance Through Complex Systems: Helping families understand medical jargon and clinical decisions.
Compassionate Advocacy: We listen, explain, and walk beside families in their search for answers and healing.
Unlike legal professionals who may not understand the intricacies of labor and delivery care, our clinical background enables us to identify subtle but critical failures in care. We understand the difference between acceptable clinical judgement based on presenting conditions and breaches in what would be acceptable standards of care as evaluated by what peer-level providers would have done when presented with the same clinical conditions.
Conclusion: A Call for Accountability and Compassion
Birth injuries shatter families at a time when they are most vulnerable. The trauma of watching a newborn suffer or losing a loved one during delivery leaves emotional and physical scars that last a lifetime. Yet, families often struggle to find answers or hold healthcare providers accountable.
At EvaluCare, we believe that every patient deserves safe, respectful, and high-quality care. When that doesn’t happen, we stand with you to uncover the truth and fight for justice. Whether it means understanding what went wrong or seeking compensation for a lifetime of needs, we are your partners in advocacy, accountability, and healing.
If you or a loved one has experienced a birth injury, you don’t have to face it alone. Let
EvaluCare help you take the first step toward answers and peace of mind.
Learn more how we can help at www.EvaluCare.net or email info@EvaluCare.net
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References
American College of Obstetricians and Gynecologists (ACOG). (2020). Clinical Guidelines.
Medscape Malpractice Report 2021.
Institute for Healthcare Improvement (IHI).
National Institute of Child Health and Human Development (NICHD).
Case law: O'Leary v. U.S. (2012), Yoder v. CHOP (2016), Walker v. Emory Healthcare (2019), Johnson v. Cedars-Sinai (2020), Anonymous v. NYC H+H (2015).
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