The months leading up to the birth of a child are usually a time of joyous anticipation, and few parents can even begin to imagine that their newborn could sustain a serious injury during labor or delivery. But the truth is, as many as nine babies out of every thousand born in the United States each year suffer serious birth injuries, often due to preventable medical errors made by careless, inattentive, and reckless healthcare providers.
Unfortunately, when an OB/GYN, midwife or nurse makes a mistake in the labor or delivery room, it is the injured babies and their families who are left to pay the highest price in the form of skyrocketing medical bills, life-long pain and suffering, and emotional distress.
Birth injuries are defined as injuries suffered by an infant during labor or delivery or shortly after being born. Some people use the terms birth defects and birth injuries interchangeably. However, unlike a birth injury, birth defects are congenital abnormalities that develop while a child is still inside the womb, often during the first trimester of pregnancy.
It’s estimated that birth injuries affect between 9 and 13 percent of the babies born in the United States every year. Such injuries can vary widely by type and severity but typically fall into one of three primary categories:
While a significant number of birth injuries are minor and resolve on their own without complication, many, like cerebral palsy, can result in permanent disability and other impairments that will require significant care, treatment, and accommodations for the rest of a child’s life. An infant may require one or more surgeries or other medical interventions to restore normal function. Many will need ongoing physical, occupational and speech therapy, as well as special education services and possibly around-the-clock nursing care.
The most severe birth injuries can prove fatal. In fact, it’s estimated that birth trauma accounts for 20 percent of the 20,000 infant deaths reported in the United States every year, making such injuries the fourth leading cause of infant mortality.
Birth injuries can be caused by conditions that affect either the mother or child, or they may result from external factors that arise during or shortly after labor and delivery. Some conditions that increase the risk of birth injuries include:
All too often, catastrophic birth injuries are the result of medical errors, negligence, or medical malpractice on the part of doctors and other medical staff at critical moments before, during, or after labor and delivery, such as:
Medical facilities, doctors, nurses, and other healthcare professionals have a legal duty to provide the minimum standard of care expected from a reasonably competent provider. When birth injuries result from their failure to meet that standard, parents are entitled to hold them to account and seek justice on behalf of their injured child.
Newborn infants can sustain a wide range of injuries before, during, and shortly after birth. Some of the most common consequences of birth trauma include:
Cerebral palsy is characterized by a lack of motor skill development, weak muscles, and muscle spasms resulting from brain damage sustained before, during or shortly after birth. While many children with cerebral palsy experience only mild symptoms, others have been left severely disabled, including some who are unable to move, eat, or even breathe without assistance. Cerebral palsy can also inhibit growth and speech development, cause abnormal eye movements and other neurological abnormalities, and result in muscle spasticity or prolonged muscle tightness.
A brachial plexus injury occurs when the bundle of nerves running from the spinal cord, along the neck, and to the shoulder is stretched during the birthing process. This may occur if:
How far the brachial plexus nerves stretch determines the severity of the injury. Mild cases may heal on their own within a few months, while more serious cases may resolve with surgery, physical therapy, and medications. However, babies who sustain severe brachial plexus injuries often experience life-long disability.
Erb’s palsy, a form of paralysis that affects voluntary movement in the upper arm and rotation in the lower arm, is the most common form of brachial palsy. The condition is usually associated with a difficult delivery related to shoulder dystocia. While many babies are successfully treated with physical therapy, occupational therapy, and hydrotherapy, severe Erb’s palsy may require nerve grafts, nerve decompression, or other surgical interventions. Some children will continue to experience lingering weakness in the affected arm, decreased range of motion, and other permanent complications.
Kernicterus is a type of brain damage resulting from severe infant jaundice, which occurs when high levels of bilirubin accumulate in the newborn’s blood and can spread to the brain, particularly the basal ganglia. While more than half of all newborn infants develop jaundice in the first couple of days after birth, with timely and proper treatment, most cases resolve without complications. Because jaundice is so common in newborn babies, there’s no excuse for a medical professional’s failure to identify early signs of kernicterus and provide proper treatment. If left untreated, kernicterus can lead to cerebral palsy, deafness, and other severe and permanent complications.
Newborn cephalohematoma describes bleeding that occurs beneath the skin on one or both sides of an infant’s head, typically due to birth trauma. As blood pools around damaged blood vessels, a visible red spot will appear on the baby’s scalp. Most cases of newborn cephalohematoma will heal on their own without any treatment. However, if not recognized and treated promptly, severe cases can lead to significant brain damage, permanent disability, and even death.
Caput succedaneum is a condition that causes edema (swelling) affecting a newborn infant’s scalp. It typically results from pressure placed on the head as the baby moves through the birth canal during a prolonged or difficult delivery. While this swelling is usually harmless and resolves within a few hours, swelling and bruising can cause elevated levels of bilirubin in the blood, potentially leading to jaundice. Caput succedaneum often occurs in tandem with newborn cephalohematoma.
Meconium Aspiration Syndrome (MAS) is a serious condition occurring when a newborn breathes a mixture of meconium and amniotic fluid into the lungs around the time of delivery. Without timely intervention, MAS can cause significant damage to the lungs, leading to asthma and other long-term health problems. In the most severe cases, MAS may result in a prolonged lack of oxygen, leading to brain damage and even death.
A newborn infant may experience facial paralysis due to the improper use of forceps or pressure exerted on their face during labor or delivery. The paralysis usually resolves within a few weeks, but if it does not, the baby may require surgery to relieve pressure on the affected nerve, and some may need specialized therapy. In the most severe case, the muscles on the affected side of the face become permanently paralyzed.
A broken clavicle, or collar bone, is the most common birth-related fracture and may occur while delivering an infant’s shoulder due to dystocia or during a breech delivery. The use of forceps or other instruments to aid in the delivery process increases the risk that a newborn will suffer a broken bone, as does the improper use of Pitocin. If labor is allowed to go on for too long, the child is also more likely to sustain a fracture.
Caring for a child with severe birth injuries can inflict a significant toll on a family, both financially and emotionally. Depending on the nature of the injury, you may incur substantial costs related to:
Like any parent, you want to ensure your baby enjoys the highest quality of life attainable. When a birth injury results from medical malpractice or negligence, filing a birth injury lawsuit may be the only way to ensure your child receives the care and support they’ll require for the rest of their lives. Parties liable for your baby’s birth injury could include:
To prevail in a birth injury lawsuit, you must prove that the defendants failed to uphold the medical standard of care through negligence or medical error and that the harm your baby suffered was the direct cause of their failure. If you successfully prove your claims, you may be entitled to damages for:
If you do suspect that your baby’s birth injury was the result of medical malpractice or negligence, it’s critical that you contact us without delay. The statute of limitations for filing such a claim can be extremely short, varies by state, and can even vary by doctor and hospital. In some states, your birth injury claim may also be subject to rigid notice requirements.
If you’re wondering why a birth injury sent your baby to the NICU rather than the nursery, Jeffrey Killino and his aggressive and compassionate NICU Law Team are ready to fight to get you answers.
Contact us today at 844-NICU-LAW or complete our online form to schedule your no-cost, confidential legal and medical review.
Jeffrey Killino has appeared on local and national news programs as an advocate for the injured.
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