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.

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 Michigan, the plaintiff also has to prove the provider failed to meet the recognized standard of care—and that this failure more probably than not caused the injury. For a specialist, that is the standard of practice within the specialty, reasonably applied given the facilities available. For a general practitioner, it is the accepted professional practice in the same or a similar community. See MCL 600.2912a. Building that proof usually requires extensive records and qualified expert testimony.

Recommended reading: Medical Malpractice Lawyer in Michigan

WHAT ARE THE MOST COMMON TYPES OF BIRTH INJURIES?

Cerebral palsy

The CDC describes cerebral palsy as the most common motor disability in childhood. It is an umbrella term for disorders that affect movement, posture and balance. CDC surveillance has identified CP in about 1 in 345 U.S. children (about 3 per 1,000 8-year-olds). It follows abnormal brain development or damage to a developing brain. The CDC notes that lack of oxygen during birth causes only a small share of cases.

Symptoms usually appear in the first few years of life and range from mild to severe. Some children also have cognitive impairment; many do not.

Other types of brain damage

Brain damage can occur when oxygen supply is reduced because of an obstruction or other problems during delivery. It can also be caused by mechanical injury or physical trauma during birth.

Shoulder dystocia and Erb’s palsy

Shoulder dystocia is a delivery emergency: the baby’s shoulder lodges behind the mother’s pubic bone. Stretching of the brachial plexus—the nerve network that controls the shoulder, arm and hand—can cause Erb’s palsy. Forceps or vacuum assistance can be a factor. Not every brachial plexus injury means the physician was negligent, but improper technique can cause this harm.

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 voluntary muscle movement in an infant’s face. It can result from pressure on the face before or during birth, often in difficult deliveries of larger-than-average babies, and from 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. Prenatal failures can also contribute to preventable birth defects:

• 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 people who are pregnant or could become pregnant
• Failure to ask pregnant patients about alcohol, drugs and cigarettes, and warn them about associated birth-defect risks
• 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 increased birth-defect risks associated with maternal obesity
• Failure to provide appropriate prenatal care for diabetic patients or check for gestational diabetes

Recommended reading: 10 Common Types of Medical Malpractice

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

The CDC describes birth defects as structural changes present at birth that can affect how the body looks, works, or both. They usually develop while the baby is in the womb. These conditions can result in physical disabilities, developmental impairment and other health problems. CDC estimates about 1 in 33 U.S. babies is born with a birth defect.

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: 10 Common Types of Medical Malpractice

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 (the CDC’s CP signs overlap with these):

• Developmental delays: Slow to reach 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 rigidity when held (hypertonia)
• Asymmetry: Unusual posture or a tendency to favor one side of the body

These signs can have other causes. A pediatrician should evaluate any delay.

Recommended reading: Birth Injuries and Cerebral Palsy

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.

Michigan medical malpractice claims generally must be filed within two years of the malpractice, with limited discovery and outer-limit rules. See MCL 600.5805 and MCL 600.5838a. Don’t let the legal clock run out.

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

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.