Every year, newborns suffer bone fractures during labor and delivery that could have been avoided with proper medical care. While babies are remarkably resilient, their bones are also fragile and vulnerable to injury—especially when healthcare providers use excessive force, rely too heavily on delivery instruments, or fail to respond appropriately to complications during birth.
A broken bone in a newborn is not something parents should simply be told to accept. When it’s a preventable injury, the medical providers responsible should be held accountable.
At Fieger Law, our birth injury lawyers fight for families harmed by medical negligence. If your newborn suffered an injury, contact us today for a free consultation.
How Common Are Bone Fractures During Birth?
Birth-related fractures are more common than many parents realize. Studies estimate that fractures occur in roughly 0.23 per 1000 live births, with the rate climbing significantly higher in complicated or instrument-assisted births. While some fractures heal quickly with minimal intervention, others can cause lasting pain, nerve damage, or complications that affect the child’s development.
What Types of Bone Fractures Occur During Birth?
Newborns can sustain several types of fractures during delivery, depending on the circumstances of the birth and the forces involved:
- Clavicle (Collarbone) Fractures: The clavicle is the most commonly fractured bone during birth. These fractures frequently occur during shoulder dystocia, when the baby’s shoulder becomes lodged behind the mother’s pubic bone and the delivering physician applies excessive traction to free it. A clavicle fracture may be noticed immediately or discovered in the days following birth when the baby shows signs of pain, reduced arm movement, or swelling near the shoulder.
- Humerus Fractures: Fractures of the upper arm bone can occur when a baby’s arm is pulled, twisted, or manipulated during a difficult delivery. These injuries are sometimes associated with breech deliveries or the improper use of delivery instruments.
- Femur Fractures: Though less common, fractures of the thighbone can occur during breech extractions or when excessive force is used to deliver the baby’s legs. A femur fracture in a newborn is a serious injury that typically requires immobilization and careful monitoring.
- Skull Fractures: Fractures to the baby’s skull can result from the use of forceps, vacuum extractors, or from excessive pressure during a prolonged or obstructed labor. Skull fractures range from minor linear fractures that heal on their own to more serious depressed fractures that can put pressure on the brain and require surgical intervention.
- Rib Fractures: Rib fractures in newborns are rare but can occur when excessive compressive force is applied to the baby’s chest during delivery. These fractures may go undetected initially and are sometimes discovered on imaging performed for other reasons.
Which Medical Errors Cause Bone Fractures?
While some birth-related fractures occur despite proper medical care, many are the direct result of errors or poor judgment by the delivering physician or medical team. Common negligent causes include:
- Excessive Force or Traction: When a baby is not descending through the birth canal easily, some providers pull too hard on the baby’s head, neck, shoulders, or limbs rather than transitioning to a cesarean section. This is one of the most frequent causes of preventable fractures during delivery.
- Mismanagement of Shoulder Dystocia: Shoulder dystocia is a known obstetric emergency that requires specific, well-practiced maneuvers to safely free the baby. When providers panic, use improper techniques, or apply brute force instead of following established protocols, fractures of the clavicle and humerus, as well as brachial plexus injuries, can result.
- Improper Use of Forceps or Vacuum Extractors: Delivery instruments, such as forceps and vacuum extractors, can be lifesaving when used correctly, but they can also cause skull fractures, facial injuries, and other trauma when applied incorrectly, with too much force, or for too long.
- Failure to Perform a Timely C-Section: When labor is not progressing, the baby is too large for the birth canal, or fetal distress is present, continuing to attempt vaginal delivery instead of performing a cesarean section significantly increases the risk of fractures and other injuries.
- Failure to Account for Risk Factors: Certain conditions increase the likelihood of a difficult delivery and potential fractures, including a large baby (macrosomia), gestational diabetes, breech presentation, and a small or abnormally shaped maternal pelvis. When providers fail to identify these risk factors and plan accordingly, preventable injuries can occur.
- Breech Delivery Complications: Babies in the breech position (feet or buttocks first) are at higher risk for fractures during vaginal delivery, particularly to the femur, humerus, and clavicle. When a breech presentation is known in advance and the risks are not properly managed, the medical team may bear responsibility for resulting injuries.
Signs That Your Newborn May Have a Birth-Related Fracture
Some fractures are identified immediately in the delivery room, while others may not become apparent until hours or days later. Parents should be aware of the following signs that could indicate their newborn has sustained a fracture:
- Crying or visible distress when a specific limb or area of the body is touched or moved
- Reduced or absent movement in one arm or leg
- Swelling, bruising, or tenderness over a bone
- An asymmetric appearance, such as one arm resting in a different position than the other
- A grinding or clicking sensation when the affected area is gently touched
- A visible lump or deformity along the collarbone, arm, or leg
If you notice any of these signs, bring them to your pediatrician’s attention immediately. Prompt diagnosis through X-ray or other imaging is important to ensure proper treatment and to document the injury.
Compensation for Newborn Fracture Injuries
When a newborn’s fracture was caused by medical negligence, families may be entitled to compensation for:
- Medical Expenses: These include costs for imaging, hospitalization, orthopedic treatment, surgery, physical therapy, and any future care related to the fracture and its complications.
- Ongoing Rehabilitation: If the fracture resulted in nerve damage or growth plate injury, the child may require long-term physical or occupational therapy.
- Pain and Suffering: This is compensation for the infant’s physical pain as well as the emotional distress experienced by the parents.
- Future Medical Needs: Some fractures lead to complications that do not fully manifest until the child is older, including limb length discrepancies, chronic pain, and limited mobility that may require additional treatment.
- Loss of Future Earning Capacity: In cases where a fracture causes permanent nerve damage or disability, compensation may reflect the child’s diminished ability to earn a living as an adult.
Proving negligence in a newborn fracture case requires a meticulous review of delivery records, fetal monitoring data, nursing notes, and the mother’s prenatal history. Expert testimony from obstetricians and neonatal experts is critical to demonstrate what should have been done differently and how the provider’s actions caused the injury.
Contact Fieger Law Today
If your newborn suffered a bone fracture during delivery and you believe the injury could have been prevented, the birth injury attorneys at Fieger Law are here to help.
Our team can obtain and review your complete medical records, consult with leading medical experts, and determine whether your child’s fracture resulted from a failure to meet the standard of care. We can give you an honest assessment of your case and fight for the full compensation your family deserves.
Contact Fieger Law now for a free consultation.
