The birth of a child is one of the most significant moments in a family's life. When something goes wrong during labor or delivery, it can be devastating — and confusing. Not every birth injury is the result of a medical mistake, but some are caused by preventable errors made by doctors, nurses, or other healthcare providers. Understanding the difference matters, and knowing what signs to look for can help you make informed decisions about your family's future.
If your child was harmed during birth and you suspect a medical error may be involved, don't wait to seek legal guidance — time limits apply. Call us at (844) 383-0565 or reach out through our online contact form for a free consultation.
What Is a Birth Injury?
A birth injury refers to any physical harm that a baby suffers before, during, or shortly after the delivery process. These injuries can range from mild and temporary to severe and permanent. Some birth injuries are a natural result of a difficult labor and cannot be prevented, even when the medical staff does everything correctly.
However, other birth injuries are caused — or made worse — by failures in the standard of care. The "standard of care" refers to the level of skill and attention that a reasonably competent healthcare provider in the same field would be expected to provide under similar circumstances. When a provider falls below that standard, and a child is harmed as a result, that may constitute medical malpractice.
The Difference Between a Birth Complication and Medical Negligence
It is important to understand that not all difficult births involve negligence. Some complications arise naturally and are outside anyone's control. Medical negligence, on the other hand, involves a situation where a healthcare provider made an error — or failed to act — in a way that a reasonably careful provider would not have.
For example, a baby born with a low birth weight due to a genetic condition is not the same as a baby who suffered oxygen deprivation because a medical team delayed a necessary cesarean section (commonly called a C-section). The former is a natural complication; the latter may be a preventable harm caused by a medical mistake.
This distinction is at the heart of any birth injury medical malpractice claim. Establishing that a provider deviated from the accepted standard of care — and that this deviation directly caused the injury — is essential to building a legal case.
Common Types of Birth Injuries That May Involve Negligence
Not all birth injuries look the same. Some affect the brain and nervous system, while others involve physical trauma to the body. The following are types of birth injuries that may raise questions about whether proper medical care was provided.
Brain Injuries
Hypoxic-ischemic encephalopathy, or HIE, is a type of brain injury caused by a lack of oxygen to the baby's brain around the time of birth. It can result in long-term developmental delays, intellectual disabilities, cerebral palsy, or epilepsy. HIE is sometimes linked to medical errors such as failure to monitor fetal distress, delayed delivery, or improper use of delivery instruments.
Cerebral palsy is another condition that can result from a birth injury. It affects a person's ability to move and maintain balance and posture. While cerebral palsy has several causes, some cases are linked to oxygen deprivation or trauma during delivery that could have been avoided with proper medical intervention.
Nerve Injuries
Brachial plexus injuries occur when the network of nerves that controls movement in the arm and shoulder is stretched or torn during delivery. Erb's palsy is one of the most common brachial plexus injuries in newborns, often resulting in weakness or paralysis in one arm. These injuries can sometimes be traced back to excessive force used during delivery or a failure to manage a shoulder dystocia (when the baby's shoulder becomes stuck during delivery) properly.
Physical Trauma
Fractures, particularly to the collarbone, can occur during a difficult delivery. While some fractures are unavoidable, others may result from the improper use of forceps or vacuum extractors during delivery — tools that carry real risks when misused.
Facial nerve injuries and skull fractures are also possible when delivery instruments are used incorrectly or when excessive force is applied.
Warning Signs That Medical Negligence May Have Occurred
Parents who suspect something went wrong during delivery often struggle to know what to look for. While only a thorough medical and legal review can confirm negligence, there are warning signs that may indicate a closer look is warranted.
The following are red flags that could suggest a birth injury may involve medical malpractice:
- Your baby required emergency resuscitation or oxygen immediately after birth
- Your child was admitted to the neonatal intensive care unit (NICU) unexpectedly
- Your baby received a diagnosis of cerebral palsy, HIE, or another neurological condition
- Medical staff appeared rushed, understaffed, or unresponsive to your concerns during labor
- You were not informed of risks associated with the use of forceps or a vacuum extractor
- Your labor was significantly prolonged without medical explanation or intervention
- You experienced signs of fetal distress — such as an abnormal fetal heart rate — that were ignored or addressed too late
- Your baby showed signs of physical trauma at birth, such as bruising, swelling, or limited limb movement
These signs alone do not prove negligence, but they are important starting points. If several of these apply to your situation, it may be worth consulting with a Pittsburgh personal injury attorney who handles birth injury cases.
What to Do If You Suspect a Birth Injury Involved Negligence
If you believe your child was harmed because of a medical mistake, there are steps you can take to protect your family's rights.
Seek a Second Medical Opinion
The first priority is always your child's health and well-being. If you have questions about your child's diagnosis or the care they received, seeking an evaluation from another physician can provide clarity. A second opinion can also help identify whether the injury aligns with conditions typically associated with preventable medical errors.
Request and Preserve Medical Records
Medical records are critical in any birth injury malpractice case. You have the right to request complete records from the hospital or birthing center, including labor and delivery notes, fetal monitoring strips, operative reports, and nursing records. Preserve any documents you receive and avoid making any alterations.
Document Everything You Remember
Write down everything you can recall about your labor, delivery, and the hours that followed. Include details about any conversations with medical staff, observations about how the delivery was managed, and any concerns you raised that were dismissed or ignored. Even details that seem minor can be meaningful in a legal review.
Consult with a Birth Injury Attorney
Speaking with a Pittsburgh personal injury attorney who handles medical malpractice cases can help you understand whether you may have a valid claim. An attorney can review the facts of your case, consult with medical professionals, and explain your legal options — all without requiring you to make any immediate decisions.
Understanding the Statute of Limitations for Birth Injury Claims in Pennsylvania
A statute of limitations is the legal deadline by which a claim must be filed. In Pennsylvania, the rules for birth injury claims can be complex and vary depending on the circumstances of the case. Generally, a minor child has until their 20th birthday to file a birth injury claim, but there are exceptions that may shorten or otherwise affect this window.
Because these deadlines can be difficult to navigate, it is important to speak with an attorney as soon as possible. Waiting too long — even if you are still within the legal timeframe — can make it harder to gather evidence, locate witnesses, and build a thorough case.
How a Birth Injury Claim Can Help Your Family
Filing a birth injury malpractice claim is not about placing blame — it is about making sure your child and your family have access to the resources needed to move forward. The costs associated with raising a child who has experienced a serious birth injury can be significant and lifelong.
Compensation in a birth injury case may cover a range of damages, including medical expenses for past and ongoing care, rehabilitation and therapy costs, assistive devices and home modifications, lost future earning capacity, and pain and suffering. No amount of money can undo what happened, but a successful claim can help ensure your child has access to the care and support they need throughout their life.
Questions Families Often Ask About Birth Injury Cases
How do I know if my child's injury was preventable?
Determining whether a birth injury was preventable requires a review of the medical records and, in most cases, consultation with a medical professional who can evaluate the care provided. An attorney experienced in birth injury cases will typically work with qualified medical reviewers to assess whether the standard of care was met.
What if the hospital says the injury was unavoidable?
Hospitals and their insurance carriers have a strong interest in minimizing liability. A statement from the hospital that an injury was unavoidable is not a final determination. An independent legal and medical review may reveal a different conclusion.
Can I still file a claim if my child is several years old?
Depending on the circumstances and the nature of the injury, it may still be possible to pursue a claim for a child who is no longer a newborn. Pennsylvania law provides extended timeframes for minor children in some situations. Consulting with an attorney can help clarify what options remain available to your family.
Talk to a Pittsburgh Personal Injury Attorney About Your Birth Injury Case
If you believe a medical error may have contributed to your child's birth injury, you do not have to navigate this process alone. Robert Peirce & Associates, P.C. has been standing beside injured families across Pennsylvania, Ohio, and West Virginia for more than four decades. Our attorneys take birth injury and medical malpractice cases on a contingency fee basis, meaning there is no fee unless we recover compensation for you.
To speak with a member of our team, call (844) 383-0565 or connect with us through our online contact form. Your initial consultation is free, and there is no obligation to proceed.