The birth of a child should be a joyous occasion, yet for some families, it is marked by unexpected medical complications resulting in birth injuries. While some birth injuries are unavoidable, others result from medical negligence, improper fetal monitoring, or errors in delivery techniques.
When healthcare providers fail to meet the accepted standard of care, the consequences can be devastating—leading to lifelong disabilities, extensive medical treatment, and emotional distress for both the child and their family.
Navigating a path forward and knowing where to start after a suspected birth injury can be difficult. This blog is dedicated to outlining the 7 most common birth injuries, their medical causes, the potential long-term effects, and the legal avenues available to families seeking justice.
Understanding Birth Injuries
A birth injury is any physical harm that occurs to a baby before, during, or after childbirth. The injuries suffered by the child can be physical and/or neurological as a result of several factors.
These factors can include medical complications, oxygen deprivation, errors made by healthcare professionals, or a difficult labor process. The injuries suffered by the child can be severe, potentially resulting in a permanent disability that affects the baby for the rest of their life.
These forms of injury differ from birth defects, which are considered functional or structural abnormalities present at birth. Birth defects develop in the womb before the time of birth due to genetic, environmental, or unknown factors.
Potential Birth Injury Symptoms
If you suspect your child has suffered a birth injury, there are early signs of severe birth injuries you may notice. These signs include:
- Developmental delays
- Excessive crying
- Problems with feeding
- Limited movement
- Unusual eye movements or response to stimuli
- Weak or stiff muscles (clenched fists, limp arms)
If you notice any of these symptoms in your newborn, seek immediate medical attention. Early intervention can significantly improve your child’s long-term well-being.
Birth injury law is complex and requires extensive investigative work alongside medical professionals that help to evaluate the case and confirm if malpractice occurred. Seeking out guidance from a premier birth injury lawyer when birth injuries are first suspected can be critical in determining if a case can be pursued.
Are birth injuries considered medical malpractice?
When a birth injury results from the negligence or potential misconduct of a healthcare professional (like a doctor or nurse), it may be considered medical malpractice.
In specific cases, birth injuries can be avoidable or preventable, and healthcare professionals have a responsibility to follow proper protocols and standards to reduce a risk of harm during childbirth.
When these protocols are not followed, and a healthcare professional fails to meet the accepted standards of care, it may be considered medical malpractice. Examples of potential medical malpractice that can result in birth injuries include:
- Incorrectly using a medical instrument or device (like forceps), leading to nerve damage or bone fractures.
- Failure to recognize signs of oxygen deprivation during labor and delivery, resulting in brain damage.
- Improperly monitoring or detecting problems with fetal heart rate, or misinterpreting ultrasound results.
The 7 Most Common Birth Injuries
There are a variety of birth injuries, each with different symptoms and a result of different forms of malpractice or negligence. Though a diagnosis by a medical professional is needed to determine which birth injury a child may be suffering from, there are some common birth injuries to look out for.
It’s important to note that not all birth injuries are caused by malpractice. It is critically important to reach out to a birth injury lawyer to get professional guidance on whether or not the birth injury a child has suffered will be able to give rise to a claim.
These are the 7 most common birth injuries that newborns may suffer from. The first 3 birth injuries are considered the most likely to be caused due to malpractice, though an attorney is needed to determine if malpractice may have been involved.
1. Cerebral Palsy (CP)
According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 345 children in the United States has cerebral palsy. Cerebral palsy is considered a group of neurological disorders that affect an individual’s ability to move and maintain balance and posture.
Typically, cerebral palsy is caused by damage to the brain, though in some cases the cause is not completely known. This form of birth injury has no cure, but proper medication and therapy from professionals can improve a victim’s quality of life.
Depending on the severity of the condition, some individuals suffering from cerebral palsy will need lifelong care.
Seeking legal representation can help secure proper compensation for victims who have suffered a birth injury as a result of malpractice.
2. Brachial Plexus Injuries (Erb’s Palsy)
Another of the 7 most common birth injuries is brachial plexus injuries, also referred to as “Erb’s palsy”. It’s a nerve condition, in which the nerves in the shoulder and arm have been injured. This weakness can lead to a complete loss of muscle function or feeling in the child.
A brachial plexus injury can be caused by difficult vaginal childbirth. When delivering the child, a healthcare provider may negligently apply excessive force in attempting to deliver a baby that is stuck in the birth canal.
This movement can stretch or rupture the nerves in the brachial plexus (the nerves that connect the spine to the arm and hand) or possibly tear them completely, potentially leading to complications in the form of Erb’s palsy.
3. Hypoxic-Ischemic Encephalopathy (HIE)
This birth injury is a disastrous condition that results from a newborn not getting enough blood and oxygen during labor and delivery. In short, HIE is a type of brain injury where the brain does not receive adequate oxygen, resulting in death of portions of the brain tissue.
HIE can permanently change the way the brain functions, and can cause delays in growth or development. Some common causes of HIE during the delivery process include:
- Umbilical cord prolapse: A condition where the umbilical cord passes through the cervix before the baby does. This causes it to be squeezed during the birthing process, cutting off oxygen.
- Nuchal cord: A condition where the umbilical cord is wrapped around the baby’s head or body in a manner that can disrupt adequate oxygen from being delivered to the baby.
- Placental abruption: A complication during pregnancy where the placenta detaches from the uterus, thereby interrupting the exchange of oxygen between the mother and baby.
- Abnormally long labor: A long labor period can lead to fetal distress, oxygen deprivation, and reduced blood flow to the baby’s brain.
- Uterine rupture: A condition where the wall of the uterus ruptures, thereby potentially interrupting the exchange of oxygen between the mother and baby.
Not all these causes may be linked to malpractice. The following birth injuries may not be caused by any negligence on the part of the healthcare provider, and can unfortunately happen in the routine course of labor and delivery.
Seeking legal guidance from a birth injury lawyer will help determine if malpractice may have been involved.
4. Fractures
Among the most common birth injuries are bone fractures. This form of injury results from trauma during the birthing process, typically associated with the force used to get a baby out of the birth canal. It’s difficult to recognize fractures caused during the birthing process, which can lead to a delayed diagnosis.
Late diagnosis of a bone fracture in a newborn might lead to lasting damage or mobility issues for the child. Along with this, some fractures (such as skull fractures) can cause intracranial injuries or neurological damage.
5. Cephalohematoma
Cephalohematoma is one of the 7 most common birth injuries and is generally a harmless condition. This ailment causes blood to collect between a newborn’s scalp and skull. If a birth process is normal, the blood will disperse from the spot in the skull naturally without harming the infant.
However, pressure on the baby’s head during the birthing process can actually cause these blood vessels in the head to rupture. This can cause complications that make this usually harmless condition much more dangerous. Potential complications can include:
- Anemia
- Calcification in the spot where the blood pooled
- Infections (which can lead to osteomyelitis, cellulitis, or sepsis)
- Jaundice
- Skull fractures
6. Facial Nerve Damage
Facial nerve damage is an injury that results in the loss of voluntary muscle movement in a newborn’s face. This is often caused by pressure on the facial nerves before or during the birthing process.
This condition is most noticeable when the baby cries; if there is no movement on one side of the face and the eye cannot properly close, facial nerve damage may be the cause of the limited movement.
7. Intracranial Hemorrhages (Brain Bleeds)
The last of the 7 most common birth injuries are intracranial hemorrhages (also known as neonatal brain bleeds). This injury occurs when blood vessels in the newborn’s head break and bleed into the brain tissue itself. They can range from minor to extremely severe.
Vacuum- or forceps-assisted delivery methods can increase the risk of a brain bleed in infants. When newborns have severe brain bleeding, the brain tissue may be affected.
It is extremely important to diagnose brain bleeds as soon as possible to ensure the newborn receives proper treatment and limits the extent of the damage.
The Legal Recourse for Birth Injuries and Consulting With a Birth Injury Lawyer
Medicine is a science, and healthcare professionals like doctors, nurses, and midwives have standards and guidelines they must follow to keep prevent birth injuries. When these policies are ignored or overlooked, malpractice can occur—causing devastating injuries to a newborn.
Consulting with a birth injury lawyer in Kansas City ensures there are experienced professionals by your side to focus on navigating the legal process, letting you focus on helping your child recover.
A birth injury lawyer can help the parents of a child suffering from a birth injury to recover compensations for related damages. These damages can include:
- Past and future medical expenses
- Loss of quality of life
- Physical therapies and rehabilitation
- Loss of future earnings
- Disability accommodations
If you believe your child’s condition could have been avoided, contact a birth injury attorney in Kansas City as soon as possible so they can begin investigating the case. This helps to preserve evidence before it is lost, altered, or damaged.
Contact Our Birth Injury Lawyers at Bartimus Frickleton Robertson Rader
Birth injuries can have profound and lasting consequences for both the newborn and their family. While some injuries may heal over time, those that result from any of the 7 most common birth injuries can present lifelong medical challenges requiring extensive care and financial resources.
If you suspect that medical malpractice contributed to your child’s birth injury, seeking legal guidance is a critical step toward holding the negligent parties accountable.
At Bartimus Frickleton Robertson Rader, our team understands the emotional and financial burden that can come with birth injuries. Our team of experienced attorneys is dedicated to aggressively representing our clients and providing compassionate legal counsel throughout the entire process.
Contact a member of our staff to explore your options for pursuing justice.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
