Improper Birth Presentations Leading to Birth Injuries

medical malpractice related surgical errors

In order to have a safe delivery, a baby should be in a cephalic position (head first). It the are in another position (i.e. transverse or breech), this can pose serious risks to the baby. Therefore, often a c-section is performed in these cases. A physician should always be aware of the infant’s position prior to delivery in order to avoid potential complications. When a physician chooses to deliver a baby vaginally in the setting of an abnormal or improper birth presentation, it can lead to serious complications, or even stillbirth. When complications occur as a result of a physicians choice to pursue a vaginal delivery in the setting of an abnormal birth presentation, it is considered to be medical malpractice due to negligence. Thus, improper birth presentations leading to birth injuries could be due to medical malpractice.


Birth Presentations Explained


  • Occiput Posterior – This position refers to a baby that is head first, but the baby’s head is facing towards the mother’s abdomen, making delivery often more difficult. Vaginal birth is possible in this position, but can post more risks
  • Transverse – In this position, a baby is side lying, meaning they are positioned horizontally across the birth canal. This position always requires a c-section. In the setting of multiples, sometimes a vaginal birth is still chosen as there is a chance that once the first baby is delivered, the baby could switch from transverse to cephalic
  • Breech – The breech position refers to a baby that is feet first. This position almost always requires a cesarean delivery given that there is a much greater risk for complications if the baby is delivered vaginally
  • Cephalic – This position is the ideal way for a baby to be born. Cephalic refers to the head first position which is the safest for delivery


Birth Injuries Due to Babies Being Born Vaginally in an Abnormal Presentation


There are many complications that can occur as a result of a physician choosing to perform a vaginal delivery in the setting of an abnormal birth presentation (i.e. breech, transverse, etc). Examples of birth injuries due to a baby being born vaginally in an abnormal birth presentation include the following:


  • Hypoxic Ischemic Encephalopathy 
  • Brain damage
  • Cerebral palsy
  • Erb’s palsy
  • Seizures
  • Head trauma 
  • Brain bleed/hemorrhage
  • Asphyxia
  • Brachial plexus injury
  • Stillbirth 


Medical Malpractice Causing Birth Injuries in the Setting of Abnormal Birth Presentation 


There are many ways in which a physician can cause your child’s birth injury in the setting of an abnormal birth presentation. Many birth injuries due to a vaginal delivery being performed when a baby is in an abnormal position are quite devastating and life-changing. Unfortunately, this error can even result in death of the baby. Examples of medical malpractice related to delivery of a baby with an abnormal birth presentation includes the following:


  • Choosing to perform a vaginal delivery for a baby with a known abnormal birth presentation
  • Failing to perform a c-section when indicated
  • Failing to identify that a baby is distress during delivery, leading to brain damage and other serious birth injuries
  • Failing to even identify that a baby is in an abnormal birth presentation prior to delivery


Improper Birth Presentations Can Cause Birth Injuries in Oregon: We Can Help


If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.


Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.


We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

    For a free case evaluation, fill out the form below

    The use of the internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    OR Call
    Bend, Oregon: (541) 385-1999
    Portland: (503) 479-3646
    Minnesota: (612) 444-3374

    Our Office

    Kuhlman Law, LLC
    160 NW Irving Ave, Suite 203
    Bend, OR 97703