What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
What is shoulder dystocia?
Shoulder dystocia occurs when a baby’s shoulder becomes stuck in the birth canal due to the mother’s pubic bone, complicating delivery. This complication occurs in roughly one percent of births and is more common if the mother has diabetes, if the mother is obese, or if the baby has a large gestational weight.
Shoulder dystocia is managed by doctors with a number of procedures and maneuvers; however, about 20 percent of should dystocia cases end with injury to the infant while a similar number results in injuries to the mother. Birth injuries related to this complication range from bruising and lacerations to fractures and nerve damage to death.
The most common concern related to shoulder dystocia is brachial plexus nerve damage, which could lead to permanent issues with the sensory and motor function of the hand, arm, and shoulder.
While some cases of shoulder dystocia are handled correctly by doctors, some birth injuries related to the condition could have and should have been prevented. If your child was injured permanently during delivery due to shoulder dystocia and you believe negligence was involved, you should speak with a Dallas birth injury attorney today about your case. The Rasansky | McKenzie Law offers the parents of birth injury victims a free, private, no-obligation consultation.
Can ptosis be caused by a birth injury?
Ptosis, a condition in which one or both eyelids droop, has a number of possible causes. Some cases of ptosis are the result of a traumatic delivery, in which an infant is caught in the birth canal or in which an infant is damaged by the use of forceps during birth.
This medical condition, which can occur in one or both eyelids, can cause obstructed vision as well as cosmetic concerns. In some cases ptosis is present at birth, while in other cases the condition manifests later in life. Some cases of ptosis are genetic and therefore not preventable, while other cases are caused by injury to the baby and are completely preventable. Ptosis caused by injury can be pinpointed by the presence of bruising or swelling at the time of the trauma.
The root cause of all cases of ptosis is a weak or damaged eyelid muscle. Ptosis can lead to poor vision, especially in children that suffer from the condition while their vision is developing. Many but not all cases of ptosis can be corrected by surgery. A small number of ptosis cases caused by birth injury may improve over time.
If you believe that your infant’s ptosis was caused by a traumatic birth and medical mistake, speak with a Dallas birth injury attorney today.
Should I contact a lawyer now?
Yes. Contacting a lawyer regarding your case is not legally binding in anyway. You don’t have to worry about a lawyer “suckering” you into a deal that you don’t want. A lawyer can give you a legal perspective to birth injury and provide objective advice on your options as a plaintiff. Before contacting a lawyer, make sure you know the details of the birth injury and have a good understanding of how the doctor displayed negligence. Obviously, the doctor (or the medical staff) will not admit negligence. You have to get the facts and then compare them with established medical standards.