Spinal Cord Birth Injury

Last Updated on July 28, 2026 by Patrick A. Salvi II

A spinal cord birth injury happens when a baby’s spinal cord is damaged during labor or delivery, often from excessive force, a difficult delivery, or an undiagnosed complication. If your child was harmed by a medical provider’s negligence, Illinois law may entitle your family to compensation for a lifetime of care. At Salvi, Schostok & Pritchard P.C., our Chicago birth injury lawyers investigate what went wrong, identify who is liable, and pursue the full cost of your child’s future. Call 312-372-1227 for a free, confidential case review.

Spinal cord injuries are one of the rarest kinds of birth injuries, with incident rates estimated to range between one case per 29,000 births and one case per 8,000 births. Nevertheless, if your child suffered a spinal cord injury during birth, you understand how devastating its effects may be. Your child could need a lifetime of medical care and assistive services to cope with the physical, emotional, and financial consequences of their injury. This care can be expensive, but you could be entitled to substantial compensation from the medical provider responsible for your child’s spinal cord birth injury.

How Can the Spinal Cord of a Baby Be Injured During Birth?

The trauma of delivery can injure a baby’s spinal cord, particularly in combination with medical complications like: One such complication is marginal cord insertion, a condition in which the umbilical cord attaches near the edge of the placenta rather than the center, potentially depriving the baby of adequate blood flow and oxygen during labor and delivery.

  • Improper use of forceps or vacuum extractors, especially if doctors twist or pull on the baby’s head or body as they pull the baby through the birth canal
  • Rotating the baby into the optimal position for vaginal delivery
  • Breech birth, or a situation where an infant is born feet or bottom first, which may cause the head, neck, or back to get stuck in the birth canal
  • Shoulder dystocia, a condition where a baby’s shoulders get stuck in the mother’s pelvis

A spinal cord birth injury may also result from conditions that occur during pregnancy. For example, fetuses can develop defects such as spina bifida, a condition where the neural tube does not close or develop properly, which may result in the spinal cord protruding through the spinal column. Babies who suffer from spina bifida are more likely to sustain a spinal cord injury during the delivery process. 

Classifications of Spinal Cord Injuries

Spinal cord injuries fall into one of these categories: 

  • Incomplete – In an incomplete spinal cord injury, the spinal cord has not been fully severed and can still transmit some signals below the level of injury. As a result, victims of incomplete spinal cord injuries may retain some sensation and motor function in the affected areas of the body.
  • Complete – In a complete spinal cord injury, the spinal cord is fully severed or compressed, which results in the loss of all sensation and function below the site of the injury. 

Spinal cord injuries may also be categorized by the area on the spine where the injury occurred. Lumbar spinal cord injuries may only affect the legs and pelvis, while thoracic spinal cord injuries can also affect the abdomen and chest. Cervical spinal cord injuries (injuries to the neck) affect everything from the neck and shoulders down. In some cases, they can become fatal. 

Risk Factors for Spinal Cord Birth Injuries

Some of the risk factors that may lead to a spinal cord birth injury include:

  • Abnormal fetal presentation, such as breech birth
  • Cephalopelvic disproportion, in which a baby’s head is too large or the mother’s pelvis is too small to facilitate a vaginal birth
  • Prolonged delivery
  • Macrosomia, in which a baby is much larger than average
  • Premature birth
  • Low birth weight
  • Oligohydramnios, or low amniotic fluid levels
  • Maternal health conditions, such as infections or preeclampsia

Infant Spinal Cord Injury Signs and Symptoms

The signs of a spinal cord birth injury are often immediately apparent, although in some cases, symptoms only manifest in the first week following birth. Some of the signs and symptoms of a spinal cord injury in a newborn include:

  • Seizures/spasming
  • Low oxygen levels
  • Low heart rate
  • Difficulty feeding
  • Indifference to touch
  • Curled feet and hands
  • Weak/stiff limbs

Many of these signs and symptoms, especially muscle weakness, limb stiffness, or spasms, can also indicate other conditions, such as cerebral palsy, so doctors will conduct tests to confirm the diagnosis. This may include performing X-rays, CT scans, and MRIs. 

How an Experienced Chicago Birth Injury Lawyer Can Help

If your child suffered a spinal cord injury at birth due to medical malpractice, the legal team at Salvi, Schostok & Pritchard P.C. is ready to get to work on your family’s behalf, demanding full compensation and accountability for the harm your child has suffered. Our childbirth injury lawyers can help you by:

  • Thoroughly investigating the facts and circumstances of your child’s birth and giving you an honest assessment of your case
  • Identifying the parties who can be held liable to compensate your family and available sources of financial recovery, such as malpractice insurance coverage
  • Securing all available evidence, including medical records, test results, diagnostic scans, doctors’ notes, and witness statements
  • Collaborating with highly respected medical experts who can provide effective, persuasive expert witness testimony in support of your case
  • Documenting the expenses and losses that your family incurs due to your child’s injury, including medical treatment, rehab and therapy, purchases of medical and mobility equipment, and home health or special education services
  • Vigorously pursuing maximum financial compensation for you through a negotiated settlement or by taking your case to court, if necessary

Your Legal Rights in Illinois

If your child’s spinal cord injury was caused by medical negligence, Illinois law gives your family the right to pursue compensation. Specific rules apply to these claims.

The filing deadline for a child’s claim. Illinois sets a longer deadline for minors than for adults. Under 735 ILCS 5/13-212(b), a medical malpractice claim on behalf of a child generally must be filed within eight years of the negligent act or omission, and in no event after the child turns 22. Because the exact deadline depends on the facts, it is important to consult an attorney as early as possible.

The certificate-of-merit requirement. Illinois does not allow medical malpractice suits to be filed on suspicion alone. Under 735 ILCS 5/2-622, your complaint must be accompanied by an affidavit and a written report from a qualified health professional confirming there is a reasonable and meritorious basis for the claim. Meeting this requirement is one reason it is critical to work with a firm that has the medical experts and resources to build your case properly from the start.

Who can be held responsible. Liability for a spinal cord birth injury may extend to the delivering physician, the hospital, and nurse-midwives involved in your child’s care. Proving a claim requires showing that a provider’s care fell below the accepted medical standard and that this failure caused your child’s injury, which often turns on medical records, fetal monitoring data, and expert testimony.

Contact a Birth Injury Lawyer Today

If you suspect your child suffered a spinal injury at birth, do not delay speaking to an experienced attorney about your case. Contact Salvi, Schostok & Pritchard P.C. today for a free, no-obligation consultation and learn more about how our firm can help you get the justice, accountability, and compensation you deserve for the harm your child suffered. 

FAQs on Spinal Cord Birth Injuries

What is a spinal cord birth injury?

A spinal cord birth injury is damage to a baby’s spinal cord that occurs during labor or delivery. Depending on severity, it can cause partial or complete loss of movement and sensation below the injury site and may require lifelong medical care.

What causes a spinal cord injury during birth?

Common causes include improper use of forceps or vacuum extractors, twisting or pulling on the baby during a difficult delivery, breech birth, and shoulder dystocia. Underlying conditions such as spina bifida or marginal cord insertion can increase the risk.

What are the signs of a spinal cord injury in a newborn?

Signs are often immediately apparent but can appear in the first week after birth. They include seizures or spasming, low oxygen levels, low heart rate, difficulty feeding, indifference to touch, curled feet and hands, and weak or stiff limbs. Because some symptoms overlap with cerebral palsy, doctors confirm the diagnosis with X-rays, CT scans, or MRIs.

Who can be held liable for a spinal cord birth injury?

When negligence causes the injury, liability may fall on the delivering physician, the hospital, and/or nurse-midwives involved in the delivery. Establishing liability requires showing that a provider’s care fell below the accepted medical standard and caused the injury.

How long do I have to file a birth injury lawsuit in Illinois?

Under 735 ILCS 5/13-212(b), a claim on behalf of a minor generally must be filed within 8 years of the negligent act — and in no event after the child’s 22nd birthday. Deadlines are strict and fact-specific, so speak with an attorney promptly to protect your child’s rights.