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Intracranial hemorrhage refers to bleeding inside or around a newborn's brain, and the consequences can be as minor as temporary complications or as serious as permanent neurological disability. When that bleeding results from a traumatic delivery or poorly handled oxygen deprivation, it may reflect a failure in the standard of care.
We can review your medical records, explain what may have gone wrong, and help you understand your legal options—with no obligation.
Case EvaluationIntracranial hemorrhage in newborns can occur in several locations within or around the brain, each carrying its own clinical implications. Research involving term newborns with intracranial hemorrhage found that nearly half had evidence of traumatic delivery, and half had a history of perinatal asphyxia. These are not incidental findings but direct evidence of what happened during labor and delivery that forms the foundation of many birth injury claims.
Intracranial hemorrhage in term newborns is closely associated with specific events and decisions made during labor and delivery. Medical literature identifies the following as major risk factors:
Instrument-assisted deliveries are a significant factor in this discussion. A 2024 systematic review and meta-analysis found that vacuum or forceps deliveries increased the odds of intracranial hemorrhage by roughly 3.75 times compared to non-instrumental deliveries. Applied without the right indication or proper technique, these tools can subject a newborn's fragile blood vessels to forces that cause bleeding within the brain.
The risk grows even higher when oxygen deprivation is part of the picture. Hypoxia has been shown to cause direct damage to brain tissue and to increase blood vessel permeability, both of which raise the likelihood of intracranial bleeding. In newborns with intracranial hemorrhage, perinatal asphyxia was the strongest factor linked to adverse neurological outcomes.
Intracranial hemorrhage can be difficult to spot right after birth, and confirmation often comes through MRI or neuroimaging in the days that follow delivery. About 40% of term newborns diagnosed with this condition present with seizures or seizure-like activity, and close to 17% experience apnea. Other signs that may point to bleeding in the brain include:
If your newborn experienced any of these signs after a difficult delivery, particularly one involving instrument assistance, prolonged labor, or signs of fetal distress, a birth injury evaluation should not be delayed.
The neurological consequences of intracranial hemorrhage depend on the location and severity of the bleed. Long-term follow-up of term infants found that close to 44% experienced poor developmental or neurological outcomes. Based on the location and extent of the bleeding, survivors may experience:
For families, these outcomes mean years of medical visits, therapy, specialized schooling, and caregiving that can reshape every part of life and put real strain on finances. When a preventable delivery error is behind those demands, Florida law gives families the right to seek accountability.
Families pursuing a birth injury or medical malpractice claim in Florida related to intracranial hemorrhage may be entitled to compensation for:
In cases where an intracranial hemorrhage results in the death of a newborn, a wrongful death claim may allow the family to recover for funeral expenses, medical costs incurred prior to death, and loss of companionship.
Intracranial hemorrhage cases demand a legal team that can trace the bleed back to what happened in the delivery room, whether that was an improperly managed instrument-assisted delivery, a failure to respond to fetal distress, or a delayed emergency C-section. We work with obstetric and neurological experts who analyze fetal monitoring records, delivery notes, imaging studies, and Apgar scores to build a complete picture of what went wrong and who is responsible.
If a brain bleed during delivery may have been caused by a medical team that failed to meet the standard of care, contact The Law Offices of Sean M. Cleary for a free case evaluation. We will look at your case and advise you on what options may be available.
