Each year, thousands of babies are born with a birth defect. While most deliveries proceed without incident, childbirth complications may occur. In many cases, medical negligence is to blame for significant birth injuries. When doctors and nurses fail to deliver appropriate care or act promptly in emergency situations, birth injuries can result.
A birth injury may have lifelong consequences for both the child and the family, alike – including physical disabilities, emotional distress, and cognitive impairment. Being aware of potential causes of birth injuries due to medical malpractice, identifying the signs of birth injuries, and knowing your legal options are crucial when dealing with such matters.
Deprivation of Oxygen Due to Prolonged Labor
Oxygen deprivation during labor – also known as hypoxia – is one of the primary causes of birth injuries. This is one of the most critical risks during labor, as the baby’s brain is deprived of oxygen and adequate blood flow. Hypoxia can cause hypoxic-ischemic encephalopathy (HIE), which is a type of brain damage in newborns that forms during their birth. Hypoxia is also a primary cause of cerebral palsy, developmental delays, and other neurological impairments that may manifest as children or as adults.
Even mild oxygen deprivation during labor can cause lasting effects on a child. Proper monitoring of the mother and baby during labor is essential in order to identify and address any signs of distress.
Incorrect Use of Forceps or Suction
When labor is not progressing during a difficult childbirth, doctors often use tools such as forceps and vacuum extractors (also known as suction) to facilitate labor. When a skilled doctor utilizes these tools, they may be a safe way to assist with delivery. Unfortunately, some OB/GYNs misuse forceps and/or suction, causing significant trauma to the baby. Excessive force or incorrect placement may lead to skull fractures, brain damage, brain bleeds, nerve damage, and facial paralysis. One specific injury that can occur with a suction error is a subgaleal hematoma. This external head trauma is a potentially life-threatening injury that can cause catastrophic damage to an infant’s brain.
Another serious birth injury caused by the misuse of forceps or suction is hydrocephalus. This condition involves the accumulation of too much fluid in the brain and spinal cord and causes dangerous internal swelling. Hydrocephalus is the most common reason for brain surgery in children.
Identifying Signs of Birth Injuries
In birth injury medical negligence cases, it is vital to recognize the signs of birth injuries for immediate intervention. If you observe any of these signs and symptoms in your newborn, it is essential to seek immediate medical attention. Signs may include:
- Seizures
- Difficulty breathing or feeding
- Excessive drooling
- Limpness or weakness in limbs
- Difficulty eating
- Developmental delays
- Muscle weakness
- High-pitched crying
- Excessive or Persistent crying or irritability
- Facial asymmetry
- Bruising
- Cognitive impairment
- Hearing difficulties
- Loose or limp arms
- Low oxygen levels
- Swelling or bruising of the head
- Inability to sit up or crawl
- Need for resuscitation
It is also possible for birth injuries to negatively affect the mother as well. If medical professionals fail to accurately diagnose and monitor a condition or complication related to the mother’s pregnancy, it could have severe consequences for her health. Undiagnosed conditions, such as preeclampsia, can cause critical injuries and sometimes death for the mother.
Legal Recourse for Birth Injury Malpractice
If you believe your child is suffering from a birth injury that has been caused by medical malpractice, legal recourse is possible. Grounds for a negligence lawsuit commonly include the incorrect use of forceps or suction, oxygen deprivation during labor, delayed or inappropriate response to fetal distress, and improper delivery practices. An experienced birth injury attorney can help you understand your legal rights and build a compelling case for you. They may also be able to obtain compensation for medical bills, rehabilitation, emotional distress, and future medical care.
Preventing Birth Injuries Through Proper Care
Though birth injuries are too common, they are completely preventable with proper care. Adequate prenatal care, vigilant monitoring during labor, and adherence to established medical protocols can significantly reduce the risk of birth injuries. Medical professionals should carefully monitor the mother and newborn during pregnancy and birth and intervene if necessary.
Birth injuries can have a lasting impact on families. If you suspect that your child’s condition is caused by a birth injury, contact Lipinski Law for a free, confidential consultation today. Our team can help you through the legal process of a birth injury lawsuit and achieve the justice that you and your family deserve.
