Birth Injury Answers

Birth injury vs birth defect: the difference and why it matters

The short answer

A birth injury is damage to a body that formed normally, caused by something that happened around the time of birth. A birth defect is a difference in how part of the body formed, which happens during pregnancy, usually in the first weeks. 1

The distinction matters for three reasons: it changes what treatment is possible, it changes what the family is told about recurrence in a future pregnancy, and it is the difference between an event and a formation. Both can produce a child with cerebral palsy or developmental delay, and telling them apart takes specific testing rather than assumption. 2

The numbers, up front

What a birth defect is
A structural change present at birth that affects how part of the body looks or works, arising during development in pregnancy 1
How common birth defects are
CDC reports that birth defects affect about 1 in 33 babies born in the United States each year 1
What a birth injury is
Damage occurring around the time of birth to structures that had formed normally, such as nerve, bone or brain injury from the physical or oxygen-related events of labor and delivery 3
Why it is not always obvious
Both can produce the same outcome, such as cerebral palsy, and professional guidance is explicit that most cerebral palsy is not caused by events during labor 4
What settles it
The pattern on brain imaging, genetic and metabolic testing, the placental pathology report, and the record of what happened during labor 3
Why genetic testing matters
A growing share of cases that look like cerebral palsy are found to have a genetic cause on testing 2

How does this happen?

The difference is about timing and about mechanism.

A birth defect forms. During pregnancy, structures develop on a schedule. The heart forms in the first weeks, the neural tube closes very early, limbs form and the face fuses. If something interrupts that process, the structure develops differently. Causes include genetic changes, chromosomal differences, infections during pregnancy, certain medicines and exposures, and, in a large share of cases, nothing that can be identified. 1

A birth injury happens. A body that formed normally is damaged by an event: a loss of oxygen, a stretch of a nerve, pressure on the skull, a bleed. The structures were there and working. 3

The reason this is hard to sort out is that both routes can end in the same place. A child with cerebral palsy may have had a brain that did not form typically, or a brain that formed typically and was injured. From the outside at 18 months, they can look the same. 2

There is also a middle category that confuses things further. A brain can form normally and then be injured well before labor, by an infection, a stroke or a placental problem during pregnancy. That is neither a defect nor a birth injury in the usual sense, and it is why professional guidance is careful about attributing brain injury to events during labor without the full picture. 4

What causes it?

Two different questions get mixed together here. The first is what leads to this injury in the body. The second is whether anyone could have prevented it. They are not the same question, and the answer to the first does not settle the second.

Happens even with perfect care

This page covers a distinction rather than a condition, so this section covers what causes each.

Birth defects

  • Genetic and chromosomal changes. 1
  • Infections during pregnancy, including cytomegalovirus and rubella.
  • Certain medicines and exposures.
  • Poorly controlled diabetes before and during early pregnancy. 5
  • No identifiable cause, in a large proportion. 1

Birth injuries with no gap in care

Associated with gaps in care

These are situations where published standards say what the care team should watch for and do. A gap here does not prove anyone caused your child's injury. It points to where the medical records will have an answer.

The gaps that matter on this page are about diagnosis rather than about the original event.

  • Genetic and metabolic testing not done in a child with an unexplained picture, where the result can change treatment, monitoring of other organs, and what a family is told about a future pregnancy. 2
  • Brain imaging not done, or the pattern not interpreted. The pattern of injury on MRI is one of the strongest pieces of evidence about what happened and roughly when. 3
  • The placenta not sent to pathology, which is often the only record of what happened in the weeks or months before labor. 4
  • A label applied without the work behind it, in either direction. Being told "this was a difficult birth" without imaging, and being told "this is genetic" without testing, are both assumptions.
  • A progressive condition labeled as cerebral palsy. Cerebral palsy does not get worse. A child losing skills needs the diagnosis revisited. 2

Whether any of this amounts to a departure from the standard of care takes a physician expert reading the whole record.

What are the signs, by age?

Signs change as a child grows. A newborn cannot show you a walking problem. Some children look fine at first and show differences months later.

At birth and the first hours

Findings that point toward a birth defect being present:

  • Differences in how a part of the body is formed, visible on examination.
  • Findings on ultrasound during pregnancy.
  • Several unusual features together, which often suggests a syndrome.
  • A small head at birth, as opposed to head growth slowing afterward. 3

Findings that point toward a birth injury:

  • A normal examination during pregnancy followed by a difficult labor or delivery.
  • Low Apgar score scores together with a low cord blood gas pH. 9
  • A need for resuscitation. 10
  • Seizures in the first day or two. 11

The first week

  • MRI findings, which are the single most informative test. Injury patterns from oxygen deprivation look different from malformations. 3
  • placental pathology findings, which can show long-standing problems that predate labor. 4
  • Results of infection testing.

Around 3 months

  • The developmental pattern begins to emerge.
  • Genetic testing results, where sent.

Around 6 months

  • A child with an injury usually has a static picture that they develop within.
  • A child with certain genetic conditions may show a different pattern, including regression.

Around 12 months

  • Loss of skills is the finding that most strongly argues against a static injury and for an underlying condition that needs investigation. 2

Toddler years

  • Additional features appearing over time, such as unusual facial features, other organ involvement, or a family pattern, can point toward a genetic cause found later.

School age

  • Some genetic diagnoses are made in school-age children who were labeled with cerebral palsy in infancy, particularly where the MRI was normal or non-specific. 2

None of this is a diagnosis. Children develop at different speeds and one late skill on its own usually means nothing. Bring what you see to your pediatrician, and ask for a referral to early intervention if you are worried. You do not need a diagnosis to be referred.

How is it diagnosed?

Four investigations do most of the work.

MRI of the brain. Malformations look different from injuries. Injury patterns also carry information about mechanism: deep gray matter injury suggests a sudden severe loss of oxygen, watershed injury suggests a longer partial one, and periventricular white matter injury suggests preterm brain injury. 3

Genetic testing, usually starting with chromosomal microarray and often extending to broader sequencing. This is the test most often missed, and the situations where it matters most are a normal or non-specific MRI, an ataxic picture, no clear history of an injury, other unusual features, or a family history. 2

Metabolic testing where the picture suggests it.

placental pathology. The placenta is a record of the pregnancy. It can show infection, clots, or long-standing poor blood flow that happened before labor started, and it frequently answers questions nothing else can. Ask whether it was sent, and request the report separately. 4

Alongside those, the labor record itself: the fetal monitoring, the cord blood gas, the Apgar score scores, and the resuscitation record. 12 9

Professional guidance is explicit that no single test establishes that events around birth caused a newborn brain injury. Cause is worked out from a pattern of findings taken together. 4

What is the treatment?

Treatment is driven by function rather than by category, and it starts before the question is answered.

For either, the immediate steps are the same: early intervention therapy, treatment of seizures, feeding and vision and hearing support, and developmental follow-up. Referral does not require a diagnosis and the evaluation is free for a child under 3. 13 14

Where the category changes treatment:

  • Some genetic and metabolic conditions have specific treatments, which is the strongest practical argument for testing. 2
  • Some birth defects are surgically correctable, and identifying them changes the plan. 1
  • Some conditions require monitoring of other organs, such as the heart or kidneys, which would otherwise not be checked.
  • Genetic counseling changes what a family is told about a future pregnancy.

The right sequence is to start therapy now and investigate in parallel. Waiting for an answer before starting costs time in the period when the brain changes most. 14

What is the long-term outlook?

Outlook follows the specific diagnosis, not the category.

Two things are worth stating plainly to families who are trying to work this out.

First, "birth injury" is not a more hopeful diagnosis than "birth defect," and it is not a less hopeful one. A child with a small perinatal stroke and a child with a mild brain malformation may have similar lives. What predicts outcome is the extent and location of what is affected.

Second, most cerebral palsy is not caused by events during labor. Professional guidance has restated this for years, and it surprises many families. 4 That statement is about populations. It does not tell you what happened to your child, which is what the records and the investigations are for.

If you are trying to find out what happened, the practical path is the same either way: get the records, get the imaging report, get the placental pathology report, and ask whether genetic testing has been done. See how to read your labor and delivery records.

What does daily life look like?

Day to day, a child's needs are the same regardless of which category their diagnosis falls into. Therapy, equipment, school and support are driven by what the child can do.

Where the categories differ in daily life is in three places.

Other organs. Some genetic conditions involve the heart, kidneys, hearing or vision, so a diagnosis triggers monitoring that would not otherwise happen.

Family planning. A genetic diagnosis changes what a family is told about recurrence, and genetic counseling exists for exactly this.

The story a family carries. Families who believe an injury occurred and cannot get an answer often describe that uncertainty as harder than the diagnosis. That is a legitimate reason to pursue the records and the testing, and it is separate from any legal question.

What does care cost over a lifetime?

The distinction does not change the cost of care, which follows the child's needs.

CDC's published estimates for people born in 2000, in 2003 dollars, are about $921,000 for cerebral palsy, about $1,014,000 for intellectual disability, about $417,000 for hearing loss and about $566,000 for vision impairment. These are separate population estimates that overlap and cannot be added together for one child. 15

See the cost of care estimator.

What can you do this week?

  1. Ask what the brain MRI showed, and request the radiology report itself.
  2. Ask whether the placenta was sent to pathology, and request that report separately.
  3. Ask what genetic and metabolic testing has been done, and what remains.
  4. Request the complete labor and delivery records with the records request builder.
  5. Ask for the cord blood gas results and the Apgar scores.
  6. Refer to early intervention now, without waiting for the answer.
  7. If your child has lost a skill they had, say so clearly. It changes the workup. 2

What should you ask each specialist?

Take these with you. Write the answers down in the moment, because you will not remember them later.

For the neurologist

  • What did the MRI show, and does the pattern suggest an injury or a malformation?
  • Does the imaging suggest when this happened?
  • What genetic and metabolic testing has been done, and what would you add?
  • Is there anything about this picture that does not fit?
  • What would make you revisit the diagnosis?

For the geneticist

  • What testing is appropriate here, and what would each test change?
  • If we find a cause, does it change treatment or monitoring?
  • What does this mean for a future pregnancy?

For the obstetric team

  • Was the placenta sent to pathology, and can I have the report?
  • What were the cord blood gases?
  • What did the fetal monitoring show, and for how long?
  • Was anything unusual noted during the pregnancy?

You can also build a printable list with the question generator.

Codes you may see on paperwork

These are ICD-10-CM codes. They are how hospitals and insurers label a diagnosis. Seeing one on a bill or a chart tells you what was recorded, not how severe it is. 16

CodeWhat it means
Q00-Q99Congenital malformations, deformations and chromosomal abnormalities, the block used for birth defects
P10-P15Birth trauma, the block used for birth injuries
P91.60Hypoxic ischemic encephalopathy, unspecified
G80.9Cerebral palsy, unspecified, which can follow either

Questions parents ask

How can doctors tell whether my child was injured or born this way?

Mostly from four things: the pattern on brain MRI, genetic and metabolic testing, the placental pathology report, and the record of labor including the fetal monitoring and the cord blood gas. 3 4 No single one of them settles it, and professional guidance says cause is worked out from the pattern taken together.

Is a birth defect my fault?

No. A large proportion of birth defects have no identifiable cause, and the identified causes are genetic changes, chromosomal differences, infections and certain exposures. 1 Ordinary activity, diet worries and stress during pregnancy do not cause them.

We were told it was a difficult birth. Is that a diagnosis?

No. A difficult birth is a description of an event. Whether it caused your child's condition depends on what the imaging shows, what the placenta shows, what testing shows and what the labor record shows. 4 If nobody has done that work, it is reasonable to ask for it.

Why does anyone need genetic testing if we know there was a birth injury?

Because a documented difficult birth and an underlying genetic condition can both be true, and because a genetic diagnosis can change treatment, trigger monitoring of other organs, and change what your family is told about a future pregnancy. It is most important where the MRI is normal or non-specific, where the picture is ataxic, or where a child is losing skills. 2

Words on this page, in plain English

cerebral palsy
A group of lifelong conditions that affect movement and posture. They come from an injury or difference in the developing brain. The brain injury does not get worse over time, but the body effects can change.
placental abruption
The placenta pulls away from the wall of the uterus before birth. The baby can lose oxygen and the mother can bleed heavily.
umbilical cord prolapse
The umbilical cord slips down past the baby. The baby then presses on the cord and cuts off their own blood supply. It is an emergency.
shoulder dystocia
The baby's head is born but a shoulder is stuck behind the mother's pubic bone. It is an emergency and the team has set moves to free the shoulder.
intraventricular hemorrhage
Bleeding into the fluid spaces inside the brain, called the ventricles. It is most common in babies born early.
perinatal stroke
A blocked or bleeding blood vessel in a baby's brain, from late in pregnancy through the first month after birth.
MRI
Magnetic resonance imaging. A scan that uses magnets, not X-rays, to make detailed pictures of the brain.
standard of care
What a reasonably careful provider would have done in the same situation. It is proven with expert testimony, not with a guideline alone.
Apgar score
A quick 0 to 10 score given at 1 and 5 minutes after birth. It rates color, heart rate, reflexes, muscle tone, and breathing. It describes the baby at that moment and it is not a prediction.
cord blood gas
A blood sample taken from the umbilical cord right after birth. It shows how much acid built up in the baby's blood, which reflects oxygen supply near the end of labor.
placental pathology
A lab exam of the placenta after birth. It can show infection, clots, or poor blood flow that happened before labor.
early intervention
The public program that provides therapy and support to children under 3 with delays or diagnosed conditions. It is required by federal law.

See the full glossary and records decoder

Where these facts come from

  1. CDC. Data and Statistics on Birth Defects. 2024. www.cdc.gov/birth-defects/data-research/index.html. Link checked September 3, 2026.
  2. National Institute of Neurological Disorders and Stroke. Cerebral Palsy. 2025. www.ninds.nih.gov/health-information/disorders/cerebral-pals. Link checked September 3, 2026.
  3. Elsevier. Volpe's Neurology of the Newborn, Sixth Edition. 2018. www.elsevier.com/books/volpes-neurology-of-the-newborn/volpe. Link checked September 3, 2026.
  4. American College of Obstetricians and Gynecologists and American Academy of Pediatrics. Neonatal Encephalopathy and Neurologic Outcome, Second Edition. 2014. www.acog.org/clinical/clinical-guidance/task-force-report/ar. Link checked September 3, 2026.
  5. American College of Obstetricians and Gynecologists. Practice Bulletin 190, Gestational Diabetes Mellitus. 2018. www.acog.org/clinical/clinical-guidance/practice-bulletin. Link checked September 3, 2026.
  6. American College of Obstetricians and Gynecologists. Practice Bulletin 178, Shoulder Dystocia. 2017. www.acog.org/clinical/clinical-guidance/practice-bulletin. Link checked September 3, 2026.
  7. The Journal of Pediatrics. Incidence and evolution of subependymal and intraventricular hemorrhage. 1978. pubmed.ncbi.nlm.nih.gov/305471/. Link checked September 3, 2026.
  8. Pediatric Neurology. Perinatal Arterial Ischemic Stroke. 2021. pubmed.ncbi.nlm.nih.gov/33813239/. Link checked September 3, 2026.
  9. American Academy of Pediatrics and American College of Obstetricians and Gynecologists. Committee Opinion 644, The Apgar Score. 2015. www.acog.org/clinical/clinical-guidance/committee-opinion. Link checked September 3, 2026.
  10. American Heart Association and American Academy of Pediatrics, Circulation. Neonatal Life Support: 2020 American Heart Association Guidelines for CPR and Emergency Cardiovascular Care. 2020. www.ahajournals.org/doi/10.1161/CIR.0000000000000902. Link checked September 3, 2026.
  11. The Journal of Pediatrics. Contemporary Profile of Seizures in Neonates. 2016. pubmed.ncbi.nlm.nih.gov/27364185/. Link checked September 3, 2026.
  12. American College of Obstetricians and Gynecologists. Practice Bulletin 106, Intrapartum Fetal Heart Rate Monitoring: Nomenclature, Interpretation, and General Management Principles. 2009. www.acog.org/clinical/clinical-guidance/practice-bulletin. Link checked September 3, 2026.
  13. U.S. Government Publishing Office, Electronic Code of Federal Regulations. 34 CFR Part 303, Early Intervention Program for Infants and Toddlers with Disabilities. 2025. www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-30. Link checked September 3, 2026.
  14. JAMA Pediatrics. Early, Accurate Diagnosis and Early Intervention in Cerebral Palsy. 2017. jamanetwork.com/journals/jamapediatrics/fullarticle/2636588. Link checked September 3, 2026.
  15. CDC, MMWR. Economic Costs Associated with Mental Retardation, Cerebral Palsy, Hearing Loss, and Vision Impairment, United States, 2003. 2004. www.cdc.gov/mmwr/preview/mmwrhtml/mm5303a4.htm. Link checked September 3, 2026.
  16. Centers for Medicare and Medicaid Services. ICD-10-CM Files. 2025. www.cms.gov/medicare/coding-billing/icd-10-codes. Link checked September 3, 2026.