Every parent hopes for a smooth labor and delivery, but unfortunately, this isn’t always the case. Some babies suffer injuries during birth, which can lead to life-long complications.
What Are Birth Injuries?
Birth injuries refer to harm to a baby before, during, or right after birth. In the United States, 7 out of 1,000 live births involve a birth injury. One of the leading causes of these injuries is birth asphyxia, which is a lack of oxygen.
Some birth injuries can be prevented with proper monitoring and care, however, not every mother receives the same level of care.
When an injury occurs due to negligence, this is called medical malpractice. If this negligence leads to severe harm, the family may be able to sue.
Common Causes of Birth Injuries Relating to Medical Malpractice
A significant number of birth injuries result from medical providers failing to give proper monitoring and care to the baby.
Common causes of birth injuries relating to medical malpractice include:
Failure to Monitor Fetal Distress
Continuous monitoring is crucial throughout labor and delivery to ensure the baby’s safety. The baby’s heart rate must be monitored in relation to contractions to confirm it is within a normal range. If the heart rate is abnormal, either being too high or low, it can indicate fetal distress, which is a broad term that means the baby is not doing well in the womb.
Fetal distress requires prompt medical intervention. Without close monitoring, complications can go unnoticed and lead to conditions like cerebral palsy, brain injuries, learning disabilities, and hypoxic ischemic encephalopathy.
Delayed Response During Labor and Delivery
Medical providers must be ready to jump into action when complications arise during labor. Delayed responses to complications during labor and delivery can cause serious injuries to the baby during birth. One of the most common conditions that can lead to severe effects is birth asphyxia, which occurs when the baby does not receive enough oxygen. If this condition is not promptly identified and addressed, it can lead to severe brain damage and other injuries.
Incorrect Use of Delivery Tools
During the second stage of labor, tools can be used to help the baby through the birth canal. The most common tools used are forceps and vacuums. While these tools can be beneficial during labor, improper use can result in serious injuries.
Potential risks of misused delivery tools include:
- Facial nerve damage
- Shoulder dystocia
- Brain damage
- Cerebral palsy
- Erb’s palsy
Some of these injuries are temporary, while others can be permanent and require ongoing treatment and therapies.
Errors In Administering Medication
Medications can be administered during labor to help start or speed it up. One of the most common drugs used is Pitocin, which mimics oxytocin to stimulate uterine contractions.
However, Pitocin requires close monitoring. Improper dosing can lead to a condition called uterine hyperstimulation, where contractions become too frequent or intense.
During normal contractions, babies temporarily stop breathing but recover in between contractions. When uterine hyperstimulation occurs, babies don’t have adequate time to recover, which can lead to birth asphyxia. This is when there is a lack of oxygen during birth.
Failure To Timely Perform C-Sections
A failure to perform a C-section when necessary can have serious consequences for both the mother and baby.
Situations where C-sections are crucial include:
- Life-threatening complications for the mother or baby
- Labor is not progressing as expected
- Maternal complications like preeclampsia or hemorrhaging
Delays in performing C-sections can increase the risk of birth injuries. Common injuries resulting from delayed C-sections include cerebral palsy, Erb’s palsy, and brain damage.
Medical Malpractice and Birth Injuries
Medical malpractice occurs when a medical provider fails to meet the standard of care, causing severe harm to their patient.
If your baby suffered injuries due to their doctor’s negligence, your family may have the right to file a medical malpractice lawsuit.
Signs Of Birth Injuries
Birth injuries are not always apparent right after birth. In some cases, symptoms may take weeks, months, or even years to be noticeable.
Potential signs that a birth injury could be linked to medical malpractice:
Right After Birth
- Unexplained injuries (fractures or nerve damage)
- Lack of communication
- Poor neonatal health despite a normal pregnancy
- Diagnosis of conditions like cerebral palsy or Erb’s palsy
12-24 Months Old
- Delayed speech development
- Unable to control movements
- Unable to sit or crawl on their own
- Poor coordination
After 2 Years Old
- Vision and hearing issues
- Inability to talk
- Trouble walking
- Difficulty performing tasks without help
If your child is showing any of these signs, consult with a medical malpractice attorney to see if you have a case.
Examples of Birth Injuries
The most common birth injuries resulting from malpractice include:
- Cerebral palsy
- Hypoxic ischemic encephalopathy
- Brachial plexus injures
- Skull fractures
- Facial paralysis
Many of these injuries can be avoided with proper care and monitoring throughout labor and delivery.
Who Can Be Held Liable?
Liability for birth injuries may fall on any medical provider involved in the delivery, including nurses, midwives, and doctors. Hospitals or healthcare facilities may also be held accountable in certain situations, such as:
- The negligent provider was employed by the hospital.
- The hospital had inadequate protocols.
- The hospital knowingly employed an unqualified medical provider.
It is crucial to consult with a birth injury attorney because they will determine who was at fault for the injuries.
Contact Our Birth Injury Attorneys
Our team understands how birth injuries can be devastating for the baby and their families. Birth injuries can cost families millions of dollars for therapies, medical treatments, and assistive devices.
Contact our birth injury attorneys by dialing (440) 333-3800 or submitting a contact form. We will reach out to you as soon as possible to set up a consultation.