Birth Injury Statistics

How Common Are Birth Injuries in the United States?

Birth injuries are more common than many families may realize. Thousands of U.S. newborns experience preventable injuries during the birthing process each year.

U.S. childbirth injury statistics include:

• Roughly 7 in every 1,000 live births involve some form of birth injury, which adds up to about 30,000 infants per year.
• About 80% of these injuries are moderate to severe, often requiring ongoing medical care.
• Birth injuries contribute to about 20% of the 20,000 infant deaths reported in the U.S. annually.
• Each year, about 20,000 medical malpractice claims are filed in the U.S. A significant number of these involve birth injuries caused by medical negligence.
• The average birth injury lawsuit settlement is over $1 million, with some families receiving significantly more in cases involving severe or lifelong injuries.

Compensation from a birth injury settlement can help families secure the medical care and resources their child needs, offering the best chance for health, stability, and success both now and in the future.

LawFirm.com works with birth injury lawyers who have secured over $1 billion for families across the country. They never charge any upfront costs and can help families in all 50 states.

Get a free case review now to see if they may be able to fight for your child.

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U.S. Birth Injury Statistics: Legal and Financial Aspects

Birth injuries don’t just affect a child’s health. They also place enormous financial and emotional strain on families. The costs of treatment, therapy, and lifelong care can be overwhelming.

Key birth injury statistics include:

• The Centers for Disease Control and Prevention (CDC) reports that the cost of medical care for children with cerebral palsy (CP) is 10 times higher than for those without. Costs rise to 26 times higher if the child also has an intellectual disability.
• The CDC estimated that lifetime health care costs for a person with CP are over $1 million.
• About 66% of people with CP are unable to work and cannot pay for their own care.
• In the U.S., approximately 67 medical malpractice claims are filed for every 100,000 deliveries, and about 13 claims are paid for every 100,000 deliveries, according to the National Library of Medicine.
• 37% of legal claims involving obstetricians involve mismanagement of labor, 29.1% relate to delivery errors, and 23.6% stem from mismanagement of pregnancy, as reported by Coverys.
• Approximately 2.3 million kids with disabilities in the U.S. get health insurance coverage through Medicaid.
• A Maternal and Child Health Journal study found that nearly 40% of families of children with special health care needs experience financial burden due to their child’s condition.

These numbers underscore why so many families seek legal help. A successful birth injury lawsuit can provide compensation to cover medical expenses, therapy, and lifelong care, reducing the financial strain of raising a child with a preventable injury.

Child Birth Injury Statistics by Type

Birth injuries can range from mild conditions that heal quickly to severe disorders requiring lifelong medical care. Many are linked to complications or trauma before, during, or shortly after delivery.

Below are statistics on some of the most common types of child birth injuries.

Cerebral Palsy

One of the most common and serious outcomes is cerebral palsy, a movement disorder linked to brain damage during pregnancy, labor, or delivery.

Cerebral palsy birth injury statistics include:

• Prevalence: Each year, about 8,000 to 10,000 U.S. babies are diagnosed with cerebral palsy.
• Causes: Up to 63.5% of infants with cerebral palsy experienced asphyxia at birth. Other major factors include hypoxic-ischemic encephalopathy (63.3%), neonatal infection (52.3%), and brain bleeds (36%).
• Severity: 41% of children with cerebral palsy are limited in their ability to crawl, walk, or run, and 31% need mobility aids like walkers or wheelchairs, according to the CDC.
• Types: There are 5 main types of cerebral palsy. Spastic CP (80%) causes stiff muscles and movement difficulties. Athetoid CP (10–20%) involves involuntary, uncontrolled movements. Ataxic CP (5–10%) affects balance and coordination. Hypotonic CP (2–3%) is rare and marked by low muscle tone and floppy limbs. Mixed CP occurs when a child shows symptoms of more than one type.
• Risks: 85%-90% of cerebral palsy cases are congenital, developing before or during birth, and many are linked to medical errors like delayed C-sections and failure to monitor fetal distress.
• Recovery: With early intervention, proper medical care, and ongoing support, most children with cerebral palsy live into adulthood, with about 90% surviving to at least age 20.
• Legal impact: In nearly 9 out of 10 cases, courts found that medical mistakes contributed to a child’s cerebral palsy. Each case involved an average of 2-3 errors, according to the Journal of Forensic and Legal Medicine.

These findings show how often medical errors are linked to cerebral palsy — and why families are often able to take legal action to seek the support and resources their child needs.

Erb’s Palsy

Erb’s palsy is a type of brachial plexus injury that causes weakness or loss of movement in a baby’s shoulder and arm. It often occurs when a newborn’s neck or shoulders are stretched during delivery.

Erb’s palsy childbirth injury statistics include:

• Frequency: Affects up to 2.6 out of every 1,000 live births, making it the most common brachial plexus nerve injury
• Share of cases: Accounts for nearly half of all brachial plexus injuries
• Treatment outcomes: With early physical therapy, over 80% of infants fully recover, and recovery rates are even higher when treatment begins within the first month of life.

Most children with Erb’s palsy improve significantly with early care, though severe cases may require surgery or result in lasting nerve damage and weakness.

Brain Damage

Newborn brain damage can occur before, during, or shortly after birth due to trauma, infection, or lack of oxygen. These injuries range from mild to severe and often have lifelong consequences.

Birth injury statistics involving brain damage include:

• Prevalence: Affects about 3 in every 1,000 full-term infants, with higher rates among preterm or high-risk deliveries
• Severity: Damage can begin within 4 minutes without oxygen, leading to conditions such as cerebral palsy, developmental delays, or even death
• Types: Includes intracranial hemorrhage, hypoxic-ischemic encephalopathy (HIE), kernicterus, caput succedaneum, and traumatic brain injury
• Legal impact: Makes up about 41% of all newborn medical malpractice claims

Because brain injuries are both common and devastating, they represent one of the most serious categories of preventable birth injuries and a frequent reason families pursue legal action.

If your child suffered a birth injury and medical malpractice played a role, you may be eligible for compensation. Get started with a free case review.

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Hypoxic Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy (HIE), also known as birth asphyxia, occurs when a newborn’s brain is deprived of oxygen and blood flow before, during, or shortly after delivery.

Birth injury statistics involving HIE include:

• Prevalence: Occurs in about 1.5 to 2.5 out of every 1,000 live births in developed countries like the U.S.
• Complications: A leading cause of cerebral palsy, epilepsy, and long-term neurological impairments
• Outcomes: By age 2, up to 60% of infants with HIE die or develop severe disabilities

HIE is one of the most serious birth complications affecting full-term infants. Because of its devastating consequences, it is frequently a central issue in birth injury cases.

Kernicterus

Kernicterus is a rare but severe form of brain damage that occurs when untreated newborn jaundice causes dangerously high levels of bilirubin to build up in the brain.

Kernicterus childbirth injury statistics include:

• Prevalence: Affects about 1 out of every 100,000 live births
• Causes: Results from severe, untreated jaundice, where bilirubin reaches toxic levels
• Complications: Can lead to cerebral palsy, hearing loss, vision problems, and intellectual disabilities

While most cases of jaundice are safely managed, kernicterus still occurs in rare situations, and its lifelong effects make it one of the most serious preventable birth injuries.

Cephalohematoma

Cephalohematoma is a birth injury where blood collects between a newborn’s skull and scalp due to ruptured blood vessels. It often occurs after a difficult delivery.

Cephalohematoma birth injury statistics include:

• Prevalence: Appears in about 2.5% of vaginal births, but rises to up to 10% when forceps or vacuum extraction is used
• Risk factors: More likely with high birth weight, prolonged labor, multiple births, or epidural use
• Recovery: Usually harmless and resolves naturally within 2 weeks to 3 months

Although most cephalohematomas heal on their own without complications, they can sometimes increase the risk of jaundice or infection, making careful monitoring important.

Birth Injury Death Statistics

Birth injuries can be devastating, and in the most severe cases, they may result in an infant’s death. These tragedies are often linked to complications during labor and delivery, including oxygen deprivation, untreated infections, or delayed emergency interventions.

Stillbirths, which refer to the death of a fetus at or after 20 weeks of pregnancy when there are no signs of life at delivery, are also tracked within birth injury death statistics, since many are tied to complications before or during childbirth.

Birth injury death statistics include:

• Prevalence: Birth injuries account for 20% of the 20,000 infant deaths in the U.S. per year and rank as the 4th-leading cause of death among babies.
• Causes: Around 76% of stillbirths have no known cause, though risk factors include placental problems, infection, and maternal high blood pressure. Birth trauma accounts for less than 2% of neonatal deaths.
• Global impact: Approximately 4 million newborns experience oxygen deprivation annually, leading to roughly 1.2 million deaths worldwide.
• Disparities: Rates declining in developed countries but remain disproportionately high in low- and middle-income regions with limited access to health care

Birth injury deaths remain a painful reality for many families. Tracking these statistics helps shed light on risks, causes, and opportunities for prevention — and underscores the importance of accountability when medical errors contribute to these outcomes.

Get Help From a Birth Injury Lawyer

Birth injuries can change a family’s life forever, but if negligence played a role, you may have legal options and a path forward.

A qualified birth injury lawyer can help you determine whether medical malpractice contributed to your child’s injury, pursue compensation, and hold negligent providers accountable for the harm caused.

The birth injury attorneys in our network:

• Can help families in all 50 states
• Have secured over $1 billion
• Never charge any upfront costs or hourly fees

You don’t have to face this alone. Our team is here to answer your questions and connect you with the support you deserve.

Call (888) 726-9160 right now or get a free case review to see if a top birth injury law firm can fight for you.