The birth of a child should be a joyous occasion, but in some cases, medical complications can arise that result in birth injuries, which can have severe and lifelong consequences for both the child and the family.
According to the Centers for Disease Control and Prevention, about 7 out of every 1,000 babies born in the United States suffer a birth injury. The most common is a fractured collarbone, occurring in up to 15 out of 1,000 live births per Stanford Children's Health.
One of the most severe birth injuries is cerebral palsy, which affects movement and muscle tone in about 3 out of every 1,000 U.S. children, based on CDC data.
If you or a loved one has experienced a birth injury, understanding the potential causes, types of injuries, and the legal options available to you will go a long way in ensuring that any negligence is properly accounted for and damages are recovered.
What Are Birth Injuries?
Birth injuries refer to any trauma or harm that occurs to a baby during pregnancy, labor, delivery, or shortly after birth. These injuries can range from minor bruising or fractures to severe neurological damage or permanent disabilities.
Birth injuries can result from various factors, including complications during pregnancy, improper medical care, or the use of forceps or vacuum extractors during delivery.
Common Causes of Birth Injuries
While some birth injuries are unavoidable, many are preventable and may be caused by medical negligence or malpractice.
Some common causes of birth injuries include:
- Delayed or Prolonged Labor: If labor is allowed to continue for an extended period without proper intervention, the baby may experience oxygen deprivation, leading to brain damage or other injuries.
- Improper Use of Birth-Assisting Tools: The improper use of forceps, vacuum extractors, or other birthing tools can cause skull fractures, brain injuries, or nerve damage to the baby.
- Failure to Identify Fetal Distress: If medical professionals fail to recognize signs of fetal distress, such as changes in heart rate or meconium (the baby's first stool) in the amniotic fluid, it can lead to oxygen deprivation and potential brain damage.
- Failure to Perform a Timely C-Section: In some cases, a cesarean section (C-section) may be necessary to ensure the safe delivery of the baby. A delay in performing a C-section when indicated can result in birth injuries.
- Improper Monitoring During Pregnancy: Failure to properly monitor the mother and baby during pregnancy can lead to missed opportunities to identify and address potential complications, increasing the risk of birth injuries.
Understanding the common causes of birth injuries empowers families to advocate for proper medical care and seek accountability when necessary.
Types of Birth Injuries
Birth injuries can vary in severity and impact. Some common types of birth injuries include:
- Brain Injuries: Oxygen deprivation during delivery can cause brain injuries, such as hypoxic-ischemic encephalopathy (HIE), cerebral palsy, or seizure disorders.
- Brachial Plexus Injuries: These injuries occur when the bundle of nerves that controls arm and hand movement is stretched or torn, often during a difficult delivery. Brachial plexus injuries can result in weakness, paralysis, or loss of sensation in the affected arm.
- Fractures: Bones can break during a difficult delivery, particularly in the clavicle (collarbone) or skull.
- Facial Paralysis: Injuries to the facial nerves during delivery can cause temporary or permanent facial paralysis, affecting the baby's ability to move their facial muscles.
- Spinal Cord Injuries: Trauma to the spinal cord during delivery can lead to varying degrees of paralysis or loss of sensation, depending on the location and severity of the injury.
Being aware of the types of birth injuries that can occur is essential for parents and caregivers.
Consequences of Birth Injuries
Birth injuries can have far-reaching consequences for the child and their family. Some potential long-term effects include:
- Developmental Delays: Injuries to the brain or nervous system can impair a child's physical, cognitive, or emotional development.
- Permanent Disabilities: Severe birth injuries, such as cerebral palsy or spinal cord injuries, can result in permanent disabilities that require lifelong care and support.
- Medical Expenses: Treating and managing birth injuries can be extremely costly, with ongoing medical expenses for therapy, equipment, and care.
- Emotional and Psychological Strain: The stress and emotional toll of caring for a child with a birth injury can be significant for families.
- Lost Income and Earning Potential: Parents may need to leave their jobs or reduce their working hours to provide care for a child with a birth injury, resulting in lost income and earning potential.
Understanding the potential consequences of birth injuries underscores the importance of early intervention and comprehensive support for affected families.
Frequently Asked Questions
Navigating the complexities of birth injuries and their legal implications can be daunting for families.
Here, we’ll address some of the most frequently asked questions regarding birth injuries, providing clarity and guidance for those seeking answers and assistance.
How Do I Know if My Child's Injury Was Caused by Medical Negligence?
Determining medical negligence requires a thorough review of the medical records and circumstances surrounding the birth by qualified medical experts. If you suspect negligence, it is essential to consult with an experienced birth injury attorney.
What Should I Do if I Suspect My Child Has Suffered a Birth Injury?
If you notice any concerning symptoms or developmental delays in your child, it is crucial to seek prompt medical attention. Additionally, consult with a birth injury attorney to understand your legal options and the potential for compensation.
How Long Do I Have to File a Birth Injury Claim?
Statutes of limitations vary by state, but generally, you have a limited time frame to file a birth injury claim. It is essential to consult with an attorney as soon as possible to ensure your rights are protected.
What Damages Can Be Recovered in a Birth Injury Case?
Depending on the circumstances, you may be eligible to recover damages for medical expenses, future care costs, lost income, pain and suffering, and other related losses.
How Can a Birth Injury Attorney Help?
An experienced birth injury attorney can thoroughly investigate your case, gather evidence, consult with medical experts, negotiate with insurance companies, and represent you in court if necessary. They can help ensure you receive fair compensation for the birth injury.
Never Settle Cheaply
If your child has suffered a birth injury due to medical negligence, the experienced legal team at Baxley Maniscalco is here to help.
Our dedicated birth injury attorneys have a proven track record of securing justice and compensation for families affected by birth injuries in Alabama.
Contact us today for a free, confidential consultation to discuss your legal options and learn how we can assist you during this difficult time.
We understand the emotional and financial toll a birth injury can take, and we are committed to fighting tirelessly on your behalf. Don't hesitate to seek the justice and support you deserve.