BIRTH INJURIES AND MEDICAL MALPRACTICE: WHAT EVERY PARENT SHOULD KNOW

For most people, the arrival of a new baby is a joyful experience. However, the joy can fade quickly when an infant suffers a birth injury. Depending on the severity, parents may face emotional and financial hardships that last far into the future. And, when the injury was caused by a preventable medical mistake, the heartbreak is intensified. In those instances, the family may decide to file a medical malpractice claim to mitigate the potential costs of raising the child, including treatment, therapy, adaptive equipment and long-term care.

These lawsuits are extremely complex, and proving negligence on the part of a medical practitioner or facility is difficult. Therefore, parents should contact an experienced birth injury lawyer as soon as possible to protect their rights and receive the compensation they deserve.

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WHAT IS MEDICAL MALPRACTICE?

Birth injuries resulting from negligence fall under the category of medical malpractice. In its simplest terms, medical malpractice is defined as any action – or failure to act – that causes harm or injury to a patient. To prevail in a malpractice lawsuit, the victim or their family must prove the physician or medical provider was negligent, which can be challenging. An experienced birth injury lawyer knows what is required to build a winning case with a successful outcome.

Every medical malpractice case must include four legal elements:

1. The doctor (or medical care provider) owed a professional duty to the patient
2. The provider breached this duty
3. This breach caused harm or injury to the patient
4. The patient sustained damages, both monetary (medical bills and lost wages) and noneconomic (pain and suffering)

In most medical malpractice cases, the plaintiff must prove the provider failed to adhere to the accepted norms other doctors in the same locale and area of specialization would follow in a similar situation. This usually entails extensive documentation and expert witness testimony from other physicians and/or medical experts.

Recommended reading: How to Find the Best Medical Malpractice Attorneys in Michigan

WHAT ARE THE MOST COMMON TYPES OF BIRTH INJURIES?

Cerebral Palsy

Each year, approximately 10,000 babies are born with cerebral palsy, an umbrella term for several chronic disorders characterized by impaired movement control and motor skills. One of the most common childhood conditions, it can be caused when areas of a newborn’s brain are damaged, often by a lack of oxygen during labor and delivery.

Symptoms usually appear in the first few years of life and range from mild to severe. While the condition causes neurological damage and cognitive impairment in some children, this is not always the case.

Other types of brain damage  

Brain damage can occur as a result of a reduced oxygen supply due to an obstruction or other problems during delivery. It can also be caused by a mechanical injury or physical trauma that occurs during birth.

Shoulder dystocia (Erb’s Palsy)

This condition may occur when an inexperienced or improperly trained physician damages a newborn’s brachial plexus, a delicate part of the shoulder. Negligent actions such as the improper use of forceps may cause this type of injury.

Brachial plexus injury

This painful injury is often accompanied by a limited ability to move the hand and/or arm, or an inability to lift the arm above shoulder level.

Facial nerve palsy

This condition affects the controllable (voluntary) muscle movement in an infant’s facial nerve. It results from pressure on the face before or during birth, usually in difficult deliveries of larger-than-average babies. It can also be caused by the improper use of forceps.

Recommended reading: Shocking Statistics Every Patient Should Know About Medical Malpractice

WHAT ARE THE MOST COMMON MEDICAL MISTAKES THAT RESULT IN BIRTH INJURIES?

Below are some examples of medical mistakes that are known to cause birth injuries:

• Incorrect use of forceps or other delivery assistance tools
• Insufficient monitoring of mother and fetus during labor
• Failure to perform a Cesarean section (C-section) in time to prevent injury or oxygen deprivation
• Anesthesia errors
• Improper vacuum extraction
• Failure to recommend folic acid, which helps prevent neural tube defects, for pregnant women or those trying to conceive
• Failure to ask pregnant patients about their use of alcohol, drugs and cigarettes, and warn them about the risks of birth defects associated with these substances
• Failure to monitor a patient’s medications for drug interactions or potential harm to the fetus
• Failure to check for infections and viruses that are known to cause birth defects
• Failure to monitor maternal weight gain and warn patients of the increased risks of birth defects associated with maternal obesity
• Failure to provide appropriate prenatal care for diabetic patients or check for gestational diabetes (diabetes that develops during pregnancy)

Recommended reading: 10 Common Types of Medical Malpractice

WHAT IS THE DIFFERENCE BETWEEN A BIRTH INJURY AND A BIRTH DEFECT?

Birth defects are structural or functional abnormalities that usually occur while a baby is in the womb. These anomalies can result in physical disabilities, cognitive and developmental impairment and other health problems.

Birth injuries typically result when something goes wrong during labor and delivery. Examples are oxygen deprivation, improper fetal monitoring or incorrect use of forceps or other assistive equipment.

Despite these differences, birth defects and birth injuries can be caused by negligence or a preventable error. If you suspect medical malpractice has occurred, a knowledgeable birth injury lawyer can help you determine the best course of action for your situation.

Recommended reading: Medical Malpractice Cases That Still Happen Today

WHAT ARE THE MOST COMMON SIGNS OF A BIRTH INJURY?

Infants or young children with cerebral palsy or similar conditions may exhibit some of the following symptoms:

• Developmental delays
  • Slow to reach developmental milestones such as rolling over, sitting up, crawling and walking
• Abnormal muscle tone
  • “Floppy” limbs and difficulty holding the head up (hypotonia) or stiff limbs and a general rigidness when held (hypertonia)  
• Asymmetry
  • Unusual posture or tendency to favor one side of the body

Recommended reading: When to Contact a Birth Injury Lawyer

CALL OUR EXPERIENCED BIRTH INJURY LAWYERS TO START YOUR CASE TODAY

If your child has been diagnosed with a birth injury, including Cerebral Palsy, we can help. Our knowledgeable and compassionate birth injury lawyers will protect your rights and fight to win the compensation you and your family deserve.

Medical malpractice law is complicated, but finding the right birth injury lawyer is simple.

Don’t let the legal clock run out. Fill out the brief form below or call 1-800-CALL-SAM today for a free, no-obligation consultation with a member of our experienced legal team.

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