Childbirth is complicated, and even the smallest mistake can harm the baby, causing life-threatening or chronic injuries that require lifelong care. If this mistake comes at the hands of the medical providers you trusted to safely deliver your baby, they should be held accountable and prevented from causing the same devastation to other families.
If your baby experienced a birth injury because of negligence on the part of your healthcare provider, you should pursue a medical malpractice case, but it won’t be easy. Our medical malpractice attorneys can help you navigate the complex process, stand up to the hospital that will try to strongarm you, and secure the compensation you’re owed.
We offer free, confidential case evaluations to families facing birth injuries. Call 855-338-3092 to get started.
What Is a Birth Injury?
Sometimes called “birth trauma,” a birth injury happens as a result of being born. These injuries can occur naturally because of the physical pressure the babies experience during the birthing process, especially when they move through the birth canal.
Usually, the injuries are minor, but sometimes they are more serious, like broken bones, nerve damage, or brain damage. When these more serious injuries occur, they can result in long-term consequences that affect the child cognitively, emotionally, and/or physically.
While these injuries might occur naturally, they are sometimes the result of a physician’s negligence. By following the standards of care and carefully monitoring the mother and baby during pregnancy, labor, and delivery, many of these serious injuries can be prevented.
When a healthcare provider fails to follow these standards of care and it results in a serious injury, it is considered medical malpractice, and they can be held to justice.
Types & Causes of Birth Injuries
Brachial Plexus Palsy
The brachial plexus is a group of nerves that control the arms and hands. Brachial plexus palsy is often caused by excessive stretching or force during a vaginal delivery, especially if the delivery is difficult or stressful.
Other causes of brachial plexus palsy can include:
- Forceps or vacuum-extraction tools
- A breech delivery
- A large infant’s size and weight
- Infant’s shoulders stuck in the mother’s pelvic region
- Maternal diabetes
- Underdeveloped neck muscles
- Maternal obesity
Some of these factors, such as maternal obesity or a large infant, can be addressed and compensated for by the medical team in order to protect the baby during delivery. Other factors, such as the improper use of forceps or vacuum tools, are completely preventable.
An injury to the brachial plexus can range in severity depending on where and how the injury occurred. These injuries often heal on their own within three to six months, but sometimes they require complex surgery or are permanent.
Cerebral Palsy
Cerebral palsy is a motor disorder that causes unusual or involuntary movements. It can also cause joint and bone deformities, as well as conditions like cognitive impairments, vision or hearing problems, and epilepsy.
Cerebral palsy is often the result of a lack of oxygen to the brain during delivery, birth trauma, or premature delivery. While it can happen naturally, cerebral palsy is sometimes the result of medical negligence.
Mistakes on the part of a medical team that can lead to cerebral palsy include:
- Failure to identify or treat infections in the mother during pregnancy
- Failure to properly monitor fetal heart rate during labor
- Failure to detect a prolapsed umbilical cord
- Failure to plan a cesarean section if a baby is too large to pass through the birth canal
- Failure to perform a necessary cesarean section
- Unreasonable mistakes in using forceps or a vacuum during delivery
Other Types of Birth Injuries
- Cephalohematoma: A blood clot between the skull and the periosteum (the membrane which covers the skull), these injuries are often the result of tools like forceps or vacuum extractors. Though usually not serious, it can lead to complications like anemia and jaundice.
- Facial nerve palsy/paralysis: Facial nerve palsy causes the baby to lose control of the nerves in its facial muscles. It’s often associated with the use of forceps during birth. While the baby usually recovers on its own, it might require surgery.
- Hypoxic-ischemic encephalopathy (HIE): Caused by a deprivation of oxygen during birth, hypoxic-ischemic encephalopathy is a type of brain damage that can lead to a host of other disorders, including seizures, learning disabilities, and motor problems. It’s usually preventable through medical intervention when complications arise.
Choosing an Experienced Birth Injury Lawyer
When our healthcare providers neglect to provide the best care possible to an infant, they should answer for their wrongs. Unfortunately, holding a medical provider to task is a difficult prospect. With insurance companies, hospital corporations, and big teams of lawyers on their side, they’ll try to avoid responsibility. It might be difficult to prove that their actions directly contributed to your baby’s injury.
That’s why it’s important to seek the help of an experienced team of medical malpractice attorneys like those at Breit Biniazan. We aren’t afraid to stand up to the entities that will try to keep you down following your child’s birth injury. We’ll research every aspect of your experience and deploy every element of the law in order to get you the maximum compensation possible.
Your birth injury case begins with a free, confidential case evaluation. Call 855-338-3092 to get started.
