Common Birth Injuries Caused by Medical Negligence

Birth injuries can occur any time a medical professional fails to recognize complications or respond appropriately during a pregnancy. These errors can happen at any point in the pregnancy, from the early stages to labor and delivery.

It’s worth remembering that not every birth injury results from medical negligence. Difficult deliveries and medical complications can happen despite a doctor’s best efforts, and these situations are no one’s fault. Unfortunately, there are also birth injuries that could have been completely avoidable had the medical team taken reasonable steps to protect the mother and child. Below, our attorneys explore some of the common birth injuries caused by medical negligence and what they mean for a malpractice claim.

What Birth Injuries Can Medical Negligence Cause?

Medical negligence can contribute to a wide range of conditions. Some common birth injuries associated with potential medical negligence include:

• Hypoxic-ischemic encephalopathy (HIE): Reduced oxygen or blood flow to the baby’s brain can cause brain damage and long-term neurological problems.
• Cerebral palsy: Certain brain injuries that occur before, during, or shortly after birth can contribute to cerebral palsy, which affects movement, posture, and muscle coordination.
• Brachial plexus injuries: Damage to nerves between the neck and shoulder can cause weakness or loss of movement in an arm.
• Erb’s palsy: This type of brachial plexus injury can occur during a difficult delivery and may affect movement and sensation in the shoulder and arm.
• Bone fractures: Excessive force during delivery can cause fractures, particularly involving the collarbone or arm.
• Brain bleeding: Trauma or complications during delivery can cause intracranial hemorrhaging that may lead to neurological damage.
• Nerve injuries: Excessive pressure or traction can damage facial or other nerves and affect movement or sensation.

Having one of these conditions doesn’t automatically prove malpractice. Our attorneys will review the facts surrounding the birth to determine whether negligence occurred.

How Can Medical Negligence Cause a Birth Injury?

Medical negligence can cause a birth injury if a healthcare provider fails to recognize a dangerous condition or take reasonable steps to prevent bad outcomes. Common issues range from inadequate fetal monitoring to the failure to respond to complications.

Fetal monitoring can provide important information about the baby’s heart rate during labor, and the failure to adequately monitor the fetus or ignore the results can lead to serious health consequences.

A delay in performing a cesarean section can also become significant if it results in avoidable injuries to the child. An emergency C-section may become necessary because of fetal distress or other complications that make labor dangerous. Waiting too long to proceed with delivery may increase the risk of permanent injury.

In these cases, the legal question is whether the healthcare providers responded as reasonably careful professionals would under the same circumstances.

What Are the Long-Term Effects of a Serious Birth Injury?

A serious birth injury can affect a child’s movement, communication, learning, independence, and ability to perform everyday activities. Some children need medical treatment and support throughout childhood and into adulthood.

The extent of these effects depends on the injury’s type and severity. While a minor fracture may heal without permanent impairment, other conditions will remain with a child for the rest of their life.

A child with a significant neurological injury may require extensive interventions in the future, from physical therapy to specialized medical care. When these injuries result from negligence, you may be able to recover compensation.  

How Do You Prove That Medical Negligence Caused a Birth Injury?

You generally need evidence showing that a healthcare provider failed to meet the applicable standard of care and that this failure caused the child’s injury. Because birth injuries can have many causes, medical expert testimony often plays a big part in determining whether malpractice occurred.

Your attorney’s investigation will typically start with medical records. Your team will review the records from the beginning of the pregnancy through the most recent treatment. These materials can help establish what providers knew and when they knew it.

Medical experts are also important in these cases because they can evaluate the evidence and explain what care was appropriate under the circumstances. They can also address causation by determining whether a different action would likely have prevented or reduced the injury.

Frequently Asked Questions

Does a birth injury automatically mean medical malpractice occurred?

No. Some birth injuries occur despite appropriate medical care. A malpractice claim requires evidence that a healthcare provider failed to meet the applicable standard of care and caused or worsened the injury.

Can delayed C-sections cause birth injuries?

Yes. An unreasonable delay in performing a necessary C-section can contribute to serious injuries if the baby experiences oxygen deprivation or another complication while delivery is delayed.

Can improper use of forceps or a vacuum cause an injury?

Yes. Improper technique can cause trauma to a baby’s head, nerves, or other parts of the body.

When might parents first realize that a birth injury occurred?

Some injuries become apparent immediately after delivery, while developmental or neurological problems may become clearer as the child grows. It can take years for the full extent of the malpractice to become clear.

How Can Our Firm Help With a Birth Injury Claim?

A birth injury case requires a detailed investigation into what happened before, during, and immediately after delivery. An attorney from our firm can obtain the relevant medical records, review the timeline, and consult qualified medical experts to determine whether a healthcare provider’s negligence caused your child’s injuries.

The most important thing for families in this situation to realize is that they aren’t alone. If your family is dealing with the reality of a birth injury, the team at Fogg Law Group is here to help. Contact our firm today for a free consultation.