Birth Injury Statistics 2026

How Common Are Birth Injuries?

Birth injuries can include any physical harm that happens to a newborn before, during, or shortly after delivery. Every year, thousands of children are harmed during birth — and many of these injuries are preventable.

Most birth injuries are mild. Approximately 80% are minor scalp injuries, according to the Journal of Pediatrics. However, some can have lifelong consequences for children and their families.

Birth injury statistics show how often these incidents happen:

• Injuries occur in approximately 2 out of every 1,000 births in the United States, according to the AHRQ.
• Out of the roughly 3.6 million babies born per year in the U.S., about 7,000 experience some form of birth injury.
• The Healthcare Cost and Utilization Project identified nearly 157,700 potentially avoidable injuries to either mothers or their newborns in a single study year.
• Rural hospitals are 4 times more likely to have high levels of birth injuries than hospitals in cities, according to the Maternal and Child Health Journal.
• The average birth injury lawsuit settlement is around $1 Million, with some conditions like cerebral palsy recovering more on average.

Each of these numbers represents families navigating a diagnosis they never anticipated. At Sokolove Law, our birth injury law firm is committed to standing up for families whose lives were changed by preventable birth injuries.

Over the last 45 years, we’ve secured more than $1.1 Billion for families across the country affected by birth injuries. Find out if we may be able to fight for you.

Birth Injury Cause Statistics

Birth injuries usually don’t arise from a single factor. The most common cause of preventable birth injuries is a combination of patient risk factors, clinical decisions, and, in some cases, medical negligence during labor and delivery.

Understanding statistics behind birth injury causes can potentially help families determine if a medical mistake may have played a role in harming their child.

What causes birth injuries, by the numbers:

• Poor labor and delivery management is cited in approximately 40% of obstetrics-related malpractice claims, according to Coverys.
• The top risks during labor management include failure to monitor fetal heart rate and respond to concerning patterns.
• Delayed cesarean sections were cited in 11% of obstetrics-related claims reviewed by Coverys, but vaginal births resulted in more birth injury suits than C-sections.
• Delivery instruments, such as forceps or a vacuum extractor, are associated with a higher rate of birth injuries than a vaginal delivery without them, according to the All India Institute of Medical Sciences.
• Medication errors during labor and delivery can also cause harm to newborns. The most common mistakes are missing a dose (about 22% of medication errors) and administering the wrong drug (about 10% of medication errors), based on a report from the Pennsylvania Patient Safety Authority.

Common causes of preventable birth injuries, including failure to recognize fetal distress, medication errors, and delays in surgical delivery, may be the basis of birth injury lawsuits filed against a hospital or medical professional.

Birth Injury Risk Factor Statistics

Certain health issues present in a mother or unborn baby make an injury more likely. The presence of birth injury risk factors means that health care providers should monitor labor even more carefully and stay alert.

If a medical team does not act appropriately, common birth injuries due to medical negligence can occur.

Statistical risk factors for birth injury include:

• Low birth weight: Over 8% of U.S. babies are born underweight (below 5 pounds, 8 ounces), a condition associated with increased susceptibility to birth injury, the CDC reported.
• Macrosomia (large birth weight): Babies weighing more than 8 pounds, 13 ounces face higher risk of delivery complications including shoulder dystocia — one of the most time-sensitive obstetric emergencies. About 7% of fetuses in the U.S. are overweight, per the American Journal of Perinatology.
• Maternal health conditions: Preeclampsia, gestational diabetes (affecting about 8.5% of U.S. pregnancies), and being overweight or obese (which affects 60% of U.S. mothers) each elevate the risk profile for labor complications, per the CDC
• Prematurity: In 2024, the preterm birth rate in the U.S. was 10.41%, according to the CDC. Premature infants face significantly elevated risk of brain injury, cerebral palsy, and developmental disability.
• Multiple gestation: Twin and higher-order multiple births increase the risk that at least one infant will sustain a birth injury. About 3% of 2024 births in the U.S. were twins, as noted by the CDC.
• Prolonged labor: Extended labor significantly increases the physiological stress on the baby and raises the risk of oxygen deprivation. Labor is prolonged in about 5% to 6% of pregnancies, according to the Journal of Midwifery & Women's Health.
• Rural delivery setting: Birth injury rates in the most rural areas are approximately 33% higher than in large urban hospitals, reflecting differences in specialist access and hospital resources, according to AHRQ data.

Risk factors don't make injury inevitable, but they do make attentive monitoring nonnegotiable. When a clinical team is aware of elevated risk and still fails to act, that's when the common causes of birth injuries may occur.

Statistics on Types of Birth Injuries

Birth injuries can take many forms, from temporary and treatable to severe and permanent. The most serious types, such as brain injuries and oxygen deprivation, are often at the center of birth injury malpractice claims.

Types of birth injuries include:

• Cerebral palsy: This motor disability affects 1 in 345 U.S. children, according to the CDC.
• Erb's palsy and brachial plexus injury: Erb’s palsy is a type of injury to the network of nerves called the brachial plexus that impacts about 12,000 U.S. births per year, according to Cleveland Clinic.
• Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by oxygen deprivation occurs in 1.7 per 1,000 U.S. births, according to Hope for HIE.
• Kernicterus: This type of permanent brain damage only happens if jaundice (which affects up to 80% of premature infants, per the CDC) goes untreated.
• Shoulder dystocia: In approximately 0.2% to 3% of vaginal deliveries, the baby’s shoulder is lodged behind the mother’s pubic bone and needs emergency attention, according to the National Library of Medicine.

Take a closer look at the statistics for each of these birth injury types to understand how often they occur and the potential effects on a child’s life.

Cerebral Palsy Statistics

Cerebral palsy (CP) is the most common motor disability among children, according to the CDC. This condition can be a long-term consequence of birth injury.

Learn more about statistics of cerebral palsy:

• Approximately 1 in 345 children in the U.S. has been diagnosed with cerebral palsy, according to the CDC.
• Around 85% to 90% of cerebral palsy cases result from events before or during birth, including birth complications and birth injuries.
• Spastic cerebral palsy is the most common form, accounting for approximately 80% of all CP diagnoses.
• Babies who weigh less than 3 pounds, 5 ounces are at significantly elevated risk of developing cerebral palsy.
• Among adults living with cerebral palsy, 75% experience chronic pain, according to a review of studies published in Developmental Medicine & Child Neurology.

Cerebral palsy is permanent, and its financial and personal toll extends across a lifetime. As a result, CP cases have produced significant verdicts and settlements for families affected by birth injuries.

Erb's Palsy & Brachial Plexus Injury Statistics

Erb's palsy is a type of brachial plexus injury that occurs when there is damage to the nerves controlling shoulder and arm movement. Erb’s palsy is one of the most common birth injuries associated with difficult deliveries.

The brachial plexus is a network of nerves that runs from the spinal cord into the neck and armpit, sending signals to the shoulder, arm, and hand. Injuries to these nerves happen in 1 to 3 out of every 1,000 births, according to Boston Children’s Hospital.

Essential brachial plexus birth injury statistics include:

• Erb's palsy affects approximately 0.9 to 2.6 per 1,000 live births, or roughly 12,000 babies per year in the United States, according to Cleveland Clinic.
• Between 80% and 90% of infants with Erb's palsy recover fully or nearly fully with early physical therapy, as noted by the National Library of Medicine.
• Untreated or severe Erb's palsy can result in a 20% to 30% permanent decrease in nerve function.
• Approximately 10% of cases result in lasting complications, sometimes requiring surgery.
• High birth weight, maternal diabetes, and shoulder dystocia are some of the greatest risk factors for Erb's palsy.

Brachial plexus injury statistics show the real risk for complications and permanent nerve loss in untreated cases. Decision-making during difficult deliveries can have lasting consequences for those children and their families.

Hypoxic-Ischemic Encephalopathy (HIE) Statistics

Hypoxic-ischemic encephalopathy (HIE) is brain damage caused by oxygen deprivation at birth. HIE can be one of the most profound outcomes of a birth injury with lifelong consequences.

Find out more about HIE statistics:

• HIE affects approximately 1.7 per 1,000 births in the U.S., according to Hope for HIE.
• Globally, HIE affects an estimated 1 to 3 per 1,000 live births in developed nations, studies have found.
• Current treatments have been found to reduce the mortality rate for infants with HIE to about 7%, with most deaths from the condition occurring in low-resource countries.
• Children with HIE who survive show elevated rates of cerebral palsy, autism spectrum disorder, ADHD, sensorineural hearing loss, and seizure disorders, according to Scientific Reports.
• The incidence of cerebral palsy among HIE survivors decreased from 7.9% to 6.9% between 2012-2015 and 2016-2019, reflecting improvements in neonatal care.

HIE must be treated within hours of birth to limit damage. As a result, any delays in diagnosis or treatment, such as failure to offer therapeutic hypothermia, are frequently central to HIE malpractice claims.

Kernicterus Statistics

Kernicterus is permanent brain damage caused by severe newborn jaundice. Jaundice is the yellow skin that occurs when the infant’s liver is not yet developed enough to remove a chemical called bilirubin from the blood. Kernicterus only happens if jaundice goes untreated.

Here are statistics for newborn jaundice and kernicterus: 

• Jaundice affects approximately 60% of full-term newborns and up to 80% of premature babies, according to the CDC.
• The Joint Commission on Accreditation of Healthcare Organizations considers kernicterus a sentinel event, or a serious outcome that shouldn’t occur with appropriate neonatal care.
• Kernicterus can lead to cerebral palsy, hearing loss, vision problems, issues with teeth, and, in some cases, intellectual disabilities.

Because kernicterus should never occur when care is delivered correctly, the condition could be strong evidence of a preventable failure in neonatal monitoring.

Shoulder Dystocia Statistics

Shoulder dystocia occurs when a baby's shoulder becomes lodged behind the mother's pubic bone after delivery of the head, requiring emergency intervention.

Important details about shoulder dystocia include:

• Shoulder dystocia occurs in approximately 0.2% to 3% of vaginal deliveries, with the likelihood increasing significantly in deliveries involving larger infants, according to the National Library of Medicine.
• Shoulder dystocia is a leading cause of brachial plexus birth injuries, including Erb's palsy.
• Improper management of shoulder dystocia, including excessive traction on the baby's head or neck, can cause preventable birth injuries.

How quickly and correctly a clinical team responds to shoulder dystocia often determines whether a child is born unharmed or sustains a long-term or permanent injury.

The various types of birth injuries may call for a range of treatments and accommodations. Depending on what caused the birth injury, you may have grounds to file a legal claim. Get a free case review now to find out.

Birth Injury Treatment Statistics

Treatment for a birth injury varies dramatically depending on the type and severity of the injury. Some conditions respond well to early intervention, while others may result in lifelong disability regardless of the care provided.

Therapeutic hypothermia, a treatment that lowers an infant’s body temperature, is the standard of care for newborns with moderate to severe HIE and must be initiated within 6 hours of birth to be effective, according to the National Institutes of Health.

Physical and occupational therapy are among the primary long-term interventions for brachial plexus injuries and cerebral palsy. Children with cerebral palsy may also be prescribed medications for movement disorders and, in some cases, undergo surgery, according to Neurologic Clinics.

Learn more about birth injury treatment statistics:

• Approximately 10.9% of U.S. infants diagnosed with HIE receive therapeutic hypothermia, according to Scientific Reports.
• Around two-thirds of children with brachial plexus birth injuries improve with minimal treatment, including physical therapy, the journal Medicine reported.
• Infants who can bend their elbow by 3 months of life are likely to recover from Erb's palsy.
• For children with cerebral palsy, more than 58% can walk independently without assistive devices while 31% require walkers or wheelchairs, according to the CDC.

It may take months or years of birth injury treatments for babies to fully recover. For some, the damage is permanent.

Birth Injury Prevention Statistics

Not all birth injuries can be prevented, but many can be. Research and clinical guidelines have identified specific interventions and monitoring practices that can help reduce the chances of a birth injury.

Here’s what the data shows about birth injury prevention:

• Continuous electronic fetal monitoring during labor is one of the most effective tools for identifying fetal distress before it causes permanent harm, according to Coverys.
• Timely emergency C-sections are among the most important interventions for preventing birth asphyxia, as noted by the National Library of Medicine.
• The use of therapeutic hypothermia within 6 hours of birth has reduced rates of CP among HIE survivors, per Hope for HIE. The treatment requires both prompt diagnosis and immediate transfer to an equipped facility.
• The rate of preventable kernicterus has declined significantly since the American Academy of Pediatrics introduced its bilirubin nomogram guidelines.
• Shoulder dystocia drills and standardized obstetric emergency training have been shown to reduce injury rates from brachial plexus birth injuries, per the National Library of Medicine.

When hospitals and providers follow established protocols, many common birth injuries can be prevented or treated. When they don't, families may be able to hold them accountable.

At Sokolove Law, we have registered nurses on staff with labor and delivery experience who can review your child's birth records and determine if negligence may have played a role in what happened.

Birth Injury Life Expectancy and Long-Term Outcome Statistics

The long-term consequences of birth injury vary enormously by diagnosis. While some children make nearly full recoveries, others face a lifetime of intensive medical care, limited independence, and reduced earning potential.

Learn more about birth injury life expectancies below:

• Cerebral palsy outcomes: The majority of children with cerebral palsy are able to walk independently, but others use wheelchairs or mobility aids, per the CDC.
• HIE outcomes: About 1 out of 3 children who experience HIE go on to develop cerebral palsy, according to Hope for HIE.
• Erb’s palsy outcomes: Up to 90% of affected children go on to nearly-full or full recovery, according to the NIH.

Childbirth injury statistics can give you a sense of what to expect in the future. Based on your family’s situation, you may be able to recover compensation to help with costs like physical therapy and surgery.

Cerebral Palsy Long-Term Outcomes

Children with cerebral palsy may receive a variety of treatments to manage symptoms like stiff muscles as well as improve strength and communication.

Still, challenges like premature aging, depression, pain, and functional difficulties at work are likely to persist into adulthood.

Cerebral palsy long-term outcomes:

• An estimated 764,000 people in the United States live with cerebral palsy.
• 58% of children with CP can walk independently, 31% are wheelchair-dependent, and 11% require hand-held mobility aids, according to the CDC.
• 41% of children with CP have limitations in their ability to crawl, walk, run, or play.
• Approximately 40% of individuals with cerebral palsy also have a cognitive impairment.
• Medical costs for children with CP are approximately 10 times higher than for children without CP or intellectual disability.
• Children with CP and intellectual disability face medical costs approximately 26 times higher than peers without either condition, the CDC reported.

These figures make clear why lifetime care planning is among the most consequential parts of a cerebral palsy malpractice case, and why damages calculations in CP claims regularly reach into the millions.

HIE Long-Term Outcomes

Therapeutic hypothermia has made infants with HIE less likely to die or develop severe disabilities. There can still be lasting effects, especially in more serious cases.

HIE long-term outcomes:

• About 1 in 3 children who experience moderate-to-severe HIE go on to develop cerebral palsy, 10% to 20% have epilepsy, and others have learning or behavioral disabilities, based on studies reviewed by Hope for HIE.
• Approximately 35% of children with a history of HIE who were treated with therapeutic hypothermia showed psychopathological symptoms, compared to 12% in a control group, according to a study published in the journal Children.
• Long-term adverse outcomes such as CP, developmental delay, hearing loss, and blindness affected about 16% of infants, according to Scientific Reports.

Even when children survive HIE without a cerebral palsy diagnosis, the research consistently shows elevated rates of cognitive, behavioral, and neurological challenges that may persist into school age and beyond.

Erb's Palsy Long-Term Outcomes

Erb’s palsy can be treated with physical and occupational therapy and, in certain cases, surgery. However, some children may need additional care or experience lifelong complications.

Erb's palsy long-term outcomes:

• 80% to 90% of affected infants achieve full or near-full recovery with early treatment, according to the NIH.
• 10% to 30% of patients experience permanent shoulder function impairment regardless of treatment.
• In addition to nerve grafting and decompression, some children may need secondary surgeries such as tendon transfer, joint fusion, or osteotomy (when a bone is cut or realigned).

The patients who do not recover fully may face lasting limitations in shoulder and arm function that affect their ability to work, participate in daily activities, and live independently.

Life Expectancy & Birth Injury Death Statistics

Life expectancy following a birth injury can vary greatly depending on the severity of the harm, the treatments administered, and any other health conditions affecting the child.

Find out more about life expectancy and birth injury death statistics:

• Children with mild to moderate cerebral palsy who can walk on their own often approach normal life expectancy, according to research published in Clinics in Perinatology.
• Those with cerebral palsy who have severe limitations on movement and other conditions may live shorter lives.
• Among children with severe cerebral palsy, 1 in 5 die by age 15, according to a study in BMC Neurology.
• A newborn with severe brain damage from HIE may die during infancy or early childhood.
• Mild HIE usually doesn’t affect lifespan, according to the American Journal of Obstetrics and Gynecology.
• With treatment, kernicterus may not affect life expectancy, but the condition causes 15% of deaths among newborns in low-to-middle-income countries, according to the NIH.
• Erb’s palsy does not affect life expectancy, according to Cleveland Clinic.

Lifetime care planning is critical for birth injury litigation, because damages are calculated across the injured person’s entire expected lifespan.

Call (800) 995-1212 now to see if our birth injury lawyers may be able to help you seek compensation.

Statistics on the Financial Impact of Birth Injuries

The financial consequences of a serious birth injury extend far beyond the initial hospital stay. For families, the costs accumulate across years or decades of medical care, therapy, adaptive equipment, specialized education, and lost income.

Calculating the financial impact of a severe birth injury is staggering, and calculating those costs accurately is one of the most important steps in preparing a birth injury lawsuit.

Key statistics on the financial impact of birth injuries include:

• Medical costs for children with cerebral palsy are approximately 10 times higher than for children without CP.
• The lifetime cost of care for individuals with cerebral palsy can be over $1 Million, depending on the level of disability and care required, the CDC estimated.
• For children with CP and intellectual disability, medical costs are approximately 26 times higher than peers without either condition.
• The combined lifetime costs for all people with cerebral palsy born in the year 2000 were estimated at $11.5 Billion in direct and indirect costs.
• The household income for families of children with special health care needs is $18,000 less per year than other families on average, according to the American Academy of Pediatrics.

At Sokolove Law, our birth injury attorneys can pursue compensation based on the estimated costs of your child’s care and treatment, as well as other expenses like lost wages.

Birth Injury Lawsuit Statistics

Birth injury malpractice is one of the most active areas of personal injury law in the United States, reflecting the lasting consequences of medical errors and negligence. Every birth injury lawsuit is unique, but the resulting compensation can help families afford ongoing care.

Birth injury lawsuits by the numbers:

• Nearly 64% of OB/GYNs have been sued at some point in their careers, according to the American Medical Association.
• Poor labor and delivery management is the leading allegation in maternity claims, cited in approximately 40% of cases.
• 57 "mega-verdicts" exceeding $10 Million were recorded in birth injury and medical malpractice cases in 2023 alone, according to MEDPLI.
• The statute of limitations for birth injury lawsuits varies by state but typically ranges from 1 to 5 years following the date or discovery of an injury.

At Sokolove Law, we have over 45 years of experience handling birth injury malpractice claims. Our firm has helped families across the country secure the justice they deserve.

Birth Injury Settlement Statistics

Approximately 95% of successful malpractice lawsuits are settled out of court, according to research published in BMJ Open. Cases involving cerebral palsy and other permanent, severe birth injuries consistently produce the highest settlements and verdicts.

At Sokolove Law, we’ve recovered more than $1.1 Billion for families affected by birth injuries nationwide.

Notable birth injury settlements and verdicts we’ve secured include:

• $10.9 Million for a Wisconsin child with HIE and cerebral palsy
• $10.5 Million for a Missouri family whose daughter was born with cerebral palsy
• $6 Million for a family whose baby suffered brain injury due to unaddressed fetal distress
• $9 Million for a Colorado family impacted by birth injuries
• $8.9 Million for a Pennsylvania family after a delayed C-section

The average birth injury settlement is about $1 Million, with more money generally being awarded for serious conditions like cerebral palsy.

While there’s never a guarantee of compensation in any case, our birth injury attorneys can fight for everything your family deserves.

U.S. Birth Injury Statistics: What the Numbers Mean for Your Family

U.S. birth injury statistics describe patterns across millions of deliveries and thousands of families. But for any family, what matters is what happened in the delivery room, whether it was preventable, and whether care providers failed to meet the standard of care.

At Sokolove Law, our birth injury attorneys have fought for justice for over 45 years, helping families throughout all 50 states.

To date, we’ve recovered more than $1.1 Billion for families affected by birth injuries across the country. Our law firm works on a contingency-fee basis, meaning there are no upfront fees to work with us. You only pay if you receive compensation.

Call (800) 995-1212 now or fill out our contact form to get started with a free, no-obligation case review.

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