Birth injuries are impairments of the child’s body function or structure that occurred during the birthing process. Birth injuries are also known as “birth trauma.” Many newborn babies have minor injuries during birth, but occasionally these injuries can be more severe with damaged nerves or broken bones or worse.
Sometimes birth injuries are temporary, but other times they can be long-term and cause serious symptoms and require life-long care. When a doctor or obstetrician fails to evaluate and respond properly to circumstances during labor, they are at fault for the birth injury.
Medical Negligence During Birth Injuries
While accidents do happen, a preventable injury by a negligent doctor should not be overlooked. A legal investigation may not only prevent a similar accident from harming another baby, but if proof can be established, it could also result in compensation to the parents for the medical costs of the injury or long-term costs the injury may have caused. Physicians carry medical malpractice insurance exactly for these reasons.
Common Types of Birth Injuries
- Cerebral Palsy
- Shoulder Dystocia (Brachial Plexus Injuries – Erb’s Palsy, Klumpke’s Palsy, Brachial Palsy)
- Clavicle Fractures
- Vacuum Extraction Injuries
- Brain Injuries / Head TraumaFractures / Skull Fractures
- Epidural Birth Injuries
- Caput Succedaneum
- Forceps Injuries
- Horner’s Syndrome
- Brain Ischemia
- Spina Bifida
- Seizures
- Nerve Damage
- Kernicterus (Due to untreated jaundice)
- Hypoxia / Anoxia
- Infant Hypoxic Ischemic Encephalopathy
- Birth Asphyxia
- Perinatal Asphyxia
- Cephalohematoma
- Intellectual Disabilities / Developmental Delay
- Facial Paralysis
- Broken Bones
- Infant Trauma
- Neonatal Stroke
- Paralysis / Spinal Cord Injuries
- Infant Fatality or Wrongful Death
Common Causes of Birth Injury
Maybe they did not notice the early warning signs that something was wrong, or waited too long to do anything. Maybe they were understaffed, inexperienced or sleep-deprived or were simply not paying 100% attention to your delivery. Whatever the scenario, if they made a mistake that could have been avoided or that the medical institution could have avoided, your child should not have to pay the cost. Oftentimes birth injuries occur due to the following:
- Miscommunication between medical staff
- Improper use or unnecessary use of forceps or vacuum extraction tool
- Improper handling, pulling or twisting a baby during delivery
- Failing to use proper delivery techniques or provide a standard level of care
- Delaying a C-section when a complication has begun
- Delayed Diagnosis
- Prescription drug errors
- Oxygen deprivation
- Failing to properly treat a fever or diagnose a birthing complication
- Improper monitoring
- Delaying treatment of jaundice
- Surgical errors
- Emergency room errors
- Anesthesia errors
Proving Birth Injury Malpractice
Because birthing complications can arise and not all mistakes are negligent, proving negligence in healthcare can be complex and difficult. However, it is certainly not impossible, especially with a team of dedicated and experienced attorneys on your side. To build a strong legal case for obstetrical malpractice, a personal injury attorney will need to be well versed in medical terminology and the practice of obstetrics. They need to understand the procedures involved and have the dedication to digging deep into the case to find evidence of negligence.
Our team of medical malpractice lawyers at SMT Legal have an extensive network of doctors and medical experts we consult with to gather evidence of negligence. We have the financial resources necessary to complete a thorough investigation. In order to build a strong case, we will closely examine your medical records and interview the doctors and medical staff involved in the delivery. Anyone who was involved in the delivery will be vetted as potential witnesses to the injury.
We will gather all medical records – ultrasounds, medical scans, blood tests – in order to establish facts and build evidence. We will then consult with medical experts to prove that a standard of care was lacking and negligence took place.
Victims of birthing injuries could face a tremendous amount of suffering and difficulties throughout their lives. Families should not have to stress over how to pay medical bills and long-term care if a physician or hospital was at fault. If your child has been seriously injured after negligence during prenatal care or labor and delivery, you could be awarded money to cover the cost of future long-term medical care.
Your child may have to suffer through additional surgeries or go through months, even years of treatment. They may need years of physical therapy and special education. Our attorneys are compassionate people who will fight for the rights of your child to help improve their life. If your child suffered a birth injury and you believe that it was caused by negligence or an inexperienced physician or medical staff, do not hesitate to call our medical malpractice lawyers for a free case evaluation. We are compassionate attorneys who will work aggressively to win just compensation for you and help prevent similar negligent behavior on the part of the doctors and hospital involved.