Birth Injury Answers

Premature birth

The short answer

Premature birth means being born before 37 weeks of pregnancy. The earlier the birth, the higher the risk of lasting problems. 1

Three things done before or at the birth make the biggest difference: a course of steroids given to the mother, magnesium sulphate before 32 weeks for the baby's brain, and being born at a hospital with the right level of newborn care. All three are worth asking about. 2 3 4

The numbers, up front

The preterm birth rate
The preterm birth rate in the United States has been in the region of 10 percent of live births in recent years, according to national vital statistics 5
Antenatal corticosteroids
A Cochrane review found antenatal corticosteroids reduce newborn death, respiratory distress syndrome and intraventricular hemorrhage 2
Magnesium for the brain
A Cochrane review found magnesium sulphate given to women at risk of preterm birth reduces cerebral palsy in the child 3
Where the baby is born
Levels of neonatal care are formally defined, and the safest transfer of a very preterm baby is usually before birth rather than after 4
Why prematurity dominates
Preterm birth is the leading risk factor for cerebral palsy, and risk rises the earlier the birth 1
Corrected age
Development is judged from the due date rather than the birth date for the first two years 1

What is it?

A pregnancy normally lasts about 40 weeks. Preterm means before 37 weeks. Within that, the earlier the birth, the greater the risk.

  • Late preterm, 34 to 36 weeks. Often looks like a term baby and still carries higher rates of feeding difficulty, jaundice and low blood sugar. 6
  • Moderate preterm, 32 to 33 weeks.
  • Very preterm, 28 to 31 weeks.
  • Extremely preterm, before 28 weeks.

Why being born early causes injury

Organs finish developing late in pregnancy, and the brain is the clearest example.

The lungs do not make enough surfactant until late, which causes respiratory distress syndrome. 1

The brain contains a fragile layer of blood vessels called the germinal matrix until about 34 weeks, which is where intraventricular hemorrhage starts. 7

The white matter beside the ventricles has a blood supply at the end of the line, which is why periventricular leukomalacia is a preterm injury. 8

The bowel is immature, which is why necrotizing enterocolitis is a preterm illness. 9

None of this is caused by anything the parents did. The most common causes of preterm birth are not identified at all. 1

What does standard care look like?

Antenatal corticosteroids. A course given to the mother before an expected preterm birth reduces newborn death, respiratory distress syndrome and bleeding in the brain. Guidance sets out the gestational age window and the situations in which a course is recommended. 2 10

Magnesium sulphate for fetal neuroprotection before 32 weeks, which reduces cerebral palsy in the child. 3

Delivery at a hospital with the right level of newborn care, or transfer of the mother before the birth. Levels of neonatal care are formally defined, and moving a mother is safer than moving a very small baby. 4

Antibiotics where indicated, including for Group B strep prevention. 11

Delayed cord clamping where the baby's condition allows, which improves blood volume and reduces the need for transfusion. 12

Resuscitation following the newborn algorithm, with attention to temperature, which matters greatly in very small babies. 12

Head ultrasounds on a schedule in very preterm babies, since most bleeding happens in the first 72 hours. 8

Developmental follow-up arranged before discharge. 13

What can go wrong?

Steroids not given when preterm birth was expected and there was time. 2 10

Magnesium not given before 32 weeks. 3

The mother not transferred before delivery to a hospital with the right level of care, when there was time. 4

Preterm labor not recognized, so neither treatment was given.

Infection not treated, where it caused or accompanied the preterm birth. 11

Resuscitation not following the algorithm, or the baby allowed to become cold. 12

Head ultrasounds not done on schedule, so bleeding or enlarging ventricles were not tracked. 8

No term-equivalent MRI, so white matter injury was not identified. 8

No developmental follow-up arranged. 13

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

Which injuries can follow?

What does this look like in the records?

From the prenatal and labor record

  • The reason for the preterm birth, if one was identified.
  • Whether antenatal corticosteroids were given, how many doses, and the time of each relative to delivery. 10
  • Whether magnesium sulphate was given, and for which indication. 3
  • Whether transfer to another hospital was considered or arranged. 4
  • Antibiotics given, and Group B strep status. 11
  • The fetal monitoring strip. 18

From the newborn record

  • The resuscitation record, including temperature on admission. 12
  • Every head ultrasound report, with dates. 8
  • Whether a term-equivalent MRI was done.
  • Blood pressure and blood gas records from the first days.
  • Eye screening results.
  • Hearing screening results. 16
  • The discharge summary and the follow-up plan. 13

What can you do this week?

  1. Request the complete labor and delivery record for you and your baby. The records request builder writes the letters for you.
  2. Write down what you remember while it is fresh, using the delivery timeline builder.
  3. Read how to read your labor and delivery records before the records arrive.
  4. Check the deadline to file in your state with the statute of limitations lookup.

Questions parents ask

Did I cause my baby to be born early?

Almost certainly not. In a large share of preterm births no cause is identified at all, and the recognized causes are infection, problems with the placenta or cervix, multiple pregnancy and medical conditions. 1 Working, exercising, worrying and lifting do not cause preterm birth.

What are steroids for and why does the timing matter?

Antenatal corticosteroids speed up the baby's lung development and reduce newborn death, respiratory distress syndrome and bleeding in the brain. 2 Timing matters because the effect builds over about a day or two, so a course given well before delivery does more than one given minutes before.

What is magnesium for?

Magnesium sulphate given to a mother at risk of preterm birth before 32 weeks reduces cerebral palsy in the child. 3 It is a different indication from magnesium given for preeclampsia, which is to prevent seizures in the mother. 19

What is corrected age?

Your baby's age counted from the due date rather than the birth date. It is used to judge development for the first two years. A baby born three months early who is nine months old is six months corrected. 1 Using the wrong one causes either false alarm or missed delay.

Words on this page, in plain English

surfactant
A slippery substance that keeps the small air sacs in the lungs from collapsing. Babies born early often do not make enough of it yet.
germinal matrix
A fragile layer of blood vessels in the brain of a baby born early. It is where most bleeding starts. It normally disappears by about 34 weeks.
white matter
The wiring of the brain. It carries signals between brain areas and down to the body.
Group B strep
A common bacteria that lives harmlessly in many adults. It can cause serious infection in a newborn who is exposed during birth.

See the full glossary and records decoder

Where these facts come from

  1. Eunice Kennedy Shriver National Institute of Child Health and Human Development. Preterm Labor and Birth. 2025. www.nichd.nih.gov/health/topics/preterm. Link checked September 3, 2026.
  2. Cochrane Database of Systematic Reviews. Antenatal corticosteroids for accelerating fetal lung maturation. 2020. www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD004454.p. Link checked September 3, 2026.
  3. Cochrane Database of Systematic Reviews. Magnesium sulphate for women at risk of preterm birth for neuroprotection of the fetus. 2024. www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD004661.p. Link checked September 3, 2026.
  4. American Academy of Pediatrics, Pediatrics. Levels of Neonatal Care. 2012. publications.aap.org/pediatrics/article/130/3/587. Link checked September 3, 2026.
  5. National Center for Health Statistics, CDC. Births: Final Data for 2023, National Vital Statistics Reports. 2025. www.cdc.gov/nchs/products/nvsr.htm. Link checked September 3, 2026.
  6. American Academy of Pediatrics, Pediatrics. Postnatal Glucose Homeostasis in Late-Preterm and Term Infants. 2011. publications.aap.org/pediatrics/article/127/3/575. 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. 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.
  9. New England Journal of Medicine. Necrotizing Enterocolitis. 2011. www.nejm.org/doi/full/10.1056/NEJMra1005408. Link checked September 3, 2026.
  10. American College of Obstetricians and Gynecologists. Committee Opinion 713, Antenatal Corticosteroid Therapy for Fetal Maturation. 2017. www.acog.org/clinical/clinical-guidance/committee-opinion. Link checked September 3, 2026.
  11. American College of Obstetricians and Gynecologists. Committee Opinion 797, Prevention of Group B Streptococcal Early-Onset Disease in Newborns. 2020. www.acog.org/clinical/clinical-guidance/committee-opinion. Link checked September 3, 2026.
  12. 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.
  13. American Academy of Pediatrics, Pediatrics. Hospital Discharge of the High-Risk Neonate. 2008. publications.aap.org/pediatrics/article/122/5/1119. Link checked September 3, 2026.
  14. National Institute of Neurological Disorders and Stroke. Hydrocephalus. 2025. www.ninds.nih.gov/health-information/disorders/hydrocephalus. Link checked September 3, 2026.
  15. National Eye Institute. Cortical or Cerebral Visual Impairment. 2024. www.nei.nih.gov/learn-about-eye-health/eye-conditions-and-di. Link checked September 3, 2026.
  16. CDC. Early Hearing Detection and Intervention (EHDI) Hearing Screening and Follow-up Survey. 2024. www.cdc.gov/hearing-loss-children/hearing-screening/index.ht. Link checked September 3, 2026.
  17. American Academy of Pediatrics and CDC, Pediatrics. Evidence-Informed Milestones for Developmental Surveillance Tools. 2022. publications.aap.org/pediatrics/article/149/3/e2021052138. Link checked September 3, 2026.
  18. 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.
  19. American College of Obstetricians and Gynecologists. Practice Bulletin 222, Gestational Hypertension and Preeclampsia. 2020. www.acog.org/clinical/clinical-guidance/practice-bulletin. Link checked September 3, 2026.