What Every Parent Should Know About Birth Injuries

Bringing home a newborn with a serious birth injury is a heartbreaking experience for any parent. Raising a child with a disability or other special needs can be emotionally difficult and financially devastating. And, Learning that a negligent doctor or medical professional caused the otherwise-preventable birth injuries compounds the anguish. An experienced birth injury lawyer will help you and your family receive the compensation you deserve.

How do I seek help if the birth injury was caused by negligence?

The first thing parents should do is contact a reputable birth injury lawyer. These cases are extremely complex, with numerous forms, legal requirements and filing deadlines. To hold the responsible party (or parties) accountable, the plaintiff must prove that negligence occurred. This usually involves extensive documentation in addition to expert witness testimony. Further, research shows that those who hire knowledgeable malpractice lawyers win higher verdicts and settlements than plaintiffs who represent themselves.

What are the most common birth injuries?

Some birth injuries occur when a newborn is deprived of oxygen. In other cases, injuries are caused when a doctor uses forceps or other instruments in the wrong way.

Here are the most common types of birth injuries:

Cerebral Palsy

Cerebral Palsy, one of the most common birth injuries, is a general term for several conditions that affect movement. It typically occurs when a newborn is deprived of oxygen during labor and/or delivery. Some children are mildly affected while others suffer lifelong physical and/or cognitive impairment.

Other types of brain damage

Newborns can suffer brain damage that is different from Cerebral Palsy. However, like Cerebral Palsy, this damage usually occurs when a newborn is deprived of oxygen. Brain damage can also be caused by a doctor who uses forceps or suction incorrectly.

Erb’s Palsy (also called shoulder dystocia)

This common birth injury involves damage to the delicate part of a newborn’s shoulder, or brachial plexus. It typically occurs when a doctor uses forceps improperly or otherwise applies excessive force during delivery. 

Facial nerve damage (or palsy)

This injury occurs when a physician puts unnecessary pressure on a newborn’s face immediately before or during birth. Facial nerve damage can be caused when a medical practitioner uses forceps or other tools incorrectly. As a result, the infant may lose control of voluntary muscle movement in the facial (7th cranial) nerve.

Fractures

A newborn’s clavicle or collarbone may fracture during labor and/or delivery if the doctor has difficulty delivering the baby’s shoulder. These fractures also occur during breech deliveries, when the baby is turned “upside down” in the birth canal.

In addition, a baby’s skull may fracture if a physician uses too much force or pressure during delivery.

Cephalohematoma, a type of cerebral hemorrhage, is another birth injury resulting from the incorrect use of delivery assistance tools.

What are the most common medical mistakes that result in birth injuries?

Below are some examples of medical mistakes that could result in 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
• Failing to recommend folic acid, which helps prevent neural tube defects, for pregnant women or those trying to conceive
• Failing 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
• Failing to monitor a patient’s medications for drug interactions or potential harm to the fetus
• Failing to check for infections and viruses that are known to cause birth defects
• Failing to monitor maternal weight gain and warn patients of the increased risks of birth defects associated with maternal obesity
• Failing to provide appropriate prenatal care for diabetic patients or check for gestational diabetes (diabetes that develops during pregnancy)

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.

In contrast, 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 equipment.

However, both birth defects and birth injuries can be caused by negligence. 

Birth injury law is complicated, but finding the right lawyer is simple.

Call 1-800-CALL-SAM today for a free, no-obligation consultation from the safety of your home.

Sources:

https://www.stanfordchildrens.org/en/topic/default?id=birth-injury-90-P02340

https://www.nichd.nih.gov/health/topics/birthdefects/conditioninfo/risk

https://www.cerebralpalsy.org/about-cerebral-palsy/prevalence-and-incidence