Despite improved nutrition, extensive access to prenatal care, and ever-increasing levels of medical technology, birth injuries still occur in the United States with alarming regularity. While there are some birth injuries which are unavoidable, many are preventable.
These preventable birth injuries typically result from:
- Improper physical manipulation of the baby during delivery
- Use of improper medications
- Waiting too long, or failing to perform a caesarean section
- Excessive force during delivery
- Oxygen deprivation
- Lack of proper medical care
- Other human error
A variety of medical professionals are involved in the birth of a child, including nurses, anesthesiologists, obstetricians and midwives. Any of these individuals could attribute to negligence and thus the preventable birth injuries described above.
Negligence is difficult to prove, and the sooner the matter is properly investigated, the greater the changes are of receiving compensation. This is the situation where an experienced birth injury attorney is needed.
Common Birth Injuries
Cerebral Palsy
Cerebral palsy is a disorder of movement, muscle tone or posture that is caused by damage that occurs to the immature, developing brain, most often before birth. In general, cerebral palsy causes impaired movement associated with abnormal reflexes, floppiness or rigidity of the limbs and trunk, abnormal posture, involuntary movements, unsteady walking, or some combination of these.
Brachial Plexus Injury
The brachial plexus is a network of nerves located in the spinal cord that carries signals from the spine to the shoulder, arm and hand. A brachial plexus injury occurs when these nerves are stretched, compressed, or in the most serious cases, ripped apart or torn away from the spinal cord. If an error is made during the delivery of a new-born, damage to the brachial plexus nerves can result.
Erb’s Palsy
Erb’s Palsy is a specific type of brachial plexus injury, in which the nerves in the C5-C6 vertebrae are severed, resulting in paralysis of the arm. This injury arises most commonly from shoulder dystocia (a labor complication where a new-born’s shoulders are unable to pass through the birth canal). Some new-borns are able to overcome the condition on their own; others require surgical intervention to repair the nerves and regain arm function. Those who experience Erb’s Palsy as the result of a birth injury rarely regain full arm function and may develop arthritis later in life.
Klumbke’s Palsy
Klumbke’s Palsy is another specific type of brachial plexus injury which can occur at birth. If the nerves of the eighth cervical and the first thoracic are damaged either before or after they have joined to the trunk, paralysis involving the muscles of the forearm and hand can result. Klumpke’s Palsy often results in “claw hand”, in which the forearm is supinated and the wrist and fingers are flexed. Similar to Erb’s Palsy, babies may require surgical intervention and can have limited function for the remainder of their lives.
Nerve Injury from Forceps
In a forceps delivery, a health care provider applies forceps (an instrument shaped like a pair of large spoons) to the baby’s head to help guide the baby out of the birth canal. During a forceps delivery, there is the possibility that the instrument may result in trauma to the nerves. Most commonly, this occurs to the nerves of a new-born’s face. Injuries to these nerves can result in facial paralysis, which could range from minor to major and can be resolved early or last throughout life.
Spinal Cord Injury Due to Over Stretching
If an infant is overstretched during the delivery process, there is the possibility that a spinal cord injury may result. The severity of the spinal cord injury is dependent upon the degree of trauma the new-born encountered during birth. The vertebrae in the spinal cord could be detached or even severed. If the cord injury is severe enough, permanent paralysis can result.
Meconium Aspiration Syndrome
Meconium Aspiration Syndrome (MAS) refers to breathing problems encountered by a new-born when the baby has passed meconium (stool) into the amniotic fluid during labor or delivery. If the baby breaths meconium fluid into his or her lungs during labor and delivery, the fluid may enter the lungs and result in breathing problems. The breathing problems can be short-term and resolve soon after birth, or can result in permanent lung damage.
Mental Retardation Due to Lack of Oxygen
It is critical that a baby have adequate oxygen in the blood during the labor and delivery process. Physicians must monitor a variety of factors which contribute to adequate oxygen intake, including the mother’s blood pressure, the condition of the placenta, and openness of airways and the birth canal. If complications arise that result in an oxygen deprivation to the infant, the results can be catastrophic. Minutes of lower than adequate oxygen intake can result in serious neurological damage, which can result in permanent mental retardation.
Medical Malpractice Claims for Birth Injuries
The results of birth injuries can be temporary or lifelong. The medical care required can be expensive, ranging from emergency surgery to long-term care and treatment, special education, medication, physical therapy, and specialized tools for mobility, such as wheelchairs. The direct and indirect costs associated with lifelong medical care can be incredibly high.
Taking legal action when confronted with a birth injury means filing a medical malpractice claim. Medical malpractice is negligence by a health care provider whose performance of duties deviates from a “standards of care” for those with similar training and experience, resulting in harm to a patient.
Parents have the right to seek compensation through a lawsuit. Some parents want to wait for the settlement from the lawsuit before they start racking up debt, but lawsuits can take time and birth injury lawsuits are rarely settled quickly. Cases may take several months or years, as they can be incredibly complex and time-consuming.
If your child has suffered a birth injury, is critical to start treatment as soon as possible. As soon as treatment begins, keep track of all medical appointments and retain your own copy of all records, including all related medical expenses.
Hire an Experienced Birth Injury Attorney
Medical malpractice claims are subject to a statute of limitations. A statute of limitations is a law which limits the amount of time a potential plaintiff has in which to bring a claim.
If you are considering bringing a malpractice claim for a birth injury, contact a birth injury attorney for a free case evaluation.
Social Media
FacebookTwitterGoogle +YoutubePinterest