What Types of Birth Injuries Can Be Caused By a Breech Birth?

 Posted on April 07, 2026 in Birth Injury

A baby’s transition from the womb into the outside world is a critical moment. If complications arise during the birthing process, the baby can suffer injuries that affect him or her for the rest of his or her life. One common complication that can lead to serious medical conditions is a breech birth. Babies should be born headfirst. However, in three to four percent of births, the baby is not positioned in the correct way. Breech presentation increases the risk of serious birth injuries and even infant death in some cases.

If your child suffered an injury from a breech birth, our firm can help you pursue a fair resolution. At Birth Injury Law Alliance, Ltd., our Chicago, IL birth injury lawyers fight hard for injured newborns and mothers, as we have secured millions from successful case results. 

What Are the Causes of Breech Presentation During Birth?

Babies in a breech presentation are positioned in such a way that their buttocks or feet will enter the birth canal first. Breech presentations are more common when certain risk factors are present. These factors include, but are not limited to:

• Giving birth to multiples, such as twins or triplets

• Fetal macrosomia (high birth weight)

• Insufficient amniotic fluid or too much amniotic fluid

• Multiple previous pregnancies

• Maternal history of a breech birth or premature delivery

• Placenta previa (placenta covering the cervix)

• Early labor or premature birth

• Abnormally shaped uterus

• Fibroids in the uterus

If a mother has one of these complications, her doctor should be aware of the increased chance of breech birth and should closely monitor the infant for signs of distress.

How Do Breech Births Cause Serious Injuries to Infants?

Doctors should be vigilant for signs of breech presentation so that they can properly address the situation. In many cases, a baby presenting in a breech position must be delivered via cesarean section. Delivering a breech baby vaginally may increase the risk of serious complications, including an umbilical cord prolapse, which can disrupt the flow of oxygen to the baby’s body. 

It is also possible that the baby’s head will become trapped in the birth canal. As a result, asphyxia or reduced oxygen to the baby may occur. This can cause the infant to suffer from hypoxic-ischemic encephalopathy (HIE) and fetal stroke. Damage to the nerves in the brachial plexus may also occur, which can cause Erb’s Palsy. 

How Do You Prove Negligence in an Illinois Breech Birth Claim?

To prove negligence in a breech birth claim, a family usually has to show more than the fact that a baby was born with an injury. A bad outcome alone does not prove that a doctor, nurse, or hospital did something wrong. The claim must show that the medical team failed to act with reasonable care under the circumstances.

In many breech birth cases, the key question is whether the providers recognized the danger early enough and responded the right way. A claim may focus on whether the medical team missed signs that the baby was breech, failed to monitor the baby and mother closely, delayed a needed C-section, or used too much force during delivery.

Medical records often become a major part of the case. These records may show the baby’s position, the mother’s symptoms, fetal heart monitoring, imaging results, labor notes, and the timing of important decisions. In Illinois, medical malpractice cases generally require an affidavit and a health professional’s report stating there is a reasonable basis for the claim (735 ILCS 5/2-622).

What Compensation Is Available for a Breech Birth Injury Case in 2026?

Compensation in a breech birth case is meant to address the harm caused by the injury. The payment depends on the losses the child and family have suffered, rather than a fixed amount. A child with a temporary injury may have a very different claim from a child who will need lifelong care. If the mother was also injured during labor and delivery, she may have her own related claim for medical expenses, pain, and other losses.

In many cases, compensation may include the cost of past and future medical treatment. That can cover hospital bills, surgeries, therapy, medication, assistive devices, rehabilitation, and follow-up care. If the child will need special education support, in-home care, or long-term treatment, those projected costs may also be part of the claim. 

Illinois does not currently impose a general statutory cap on medical malpractice damages, so compensation in a breech birth case is usually driven by the evidence and the seriousness of the harm rather than by a set maximum. Our firm is ready to negotiate for a settlement on your behalf or proceed to litigation if needed.

Can a Mother File a Wrongful Death Claim Against a Hospital for a Birth Injury Resulting in Death?

In some cases, a mother may be able to file a wrongful death claim against a hospital after a baby dies from alleged medical negligence. The legal issue is whether the death was caused by a wrongful act, neglect, or default that would have supported a claim if the child had lived. 

The claim may be brought against a hospital, a doctor, nurses, or more than one party, depending on what happened. Hospitals may be liable for their own failures, such as poor staffing or bad policies, and they may also face claims based on the conduct of their employees.

These cases are also time-sensitive. Illinois has filing deadlines for medical negligence actions against hospitals and other providers. Cases involving minors can follow different timing rules. Our firm can review the records, identify the proper defendants, and help a family understand what claims may be available after such a devastating loss.

Contact Our Cook County, IL Birth Injury Lawyers Today

At Birth Injury Law Alliance, Ltd., we help parents determine whether or not their baby’s birth injury was the result of medical malpractice. If a doctor’s mistake or oversight caused harm to your baby, you may be entitled to financial compensation. To learn more, call our office today at 312-462-4200 and schedule a free consultation with our Chicago, IL medical negligence attorneys.