FAQ: Birth Injury Rights

A birth injury occurs when bodily damage is caused to a newborn before, during or after being born. Legally, a birth injury can refer to injuries sustained while in the pregnancy stage as well. Below, we go over common questions patients may have when it comes to information and legalities surrounding birth injuries.

What are Birth Injury Conditions?

There are many scenarios and injuries that can be associated with poor medical practices. The most common birth injuries can include the following:

• • Brachial Plexus Injury (Erb’s or Klumpke’s Palsy)

• • Cerebral Palsy (impaired motor function)

• • Spina Bifida (failure of embryonic neural tube to seal before birth)

• • Premature Birth (due to overdose of folic acid)

• • Cerebral Ischemia (reduced blood flow)

• • Pulmonary Hypertension (difficulty breathing)

• • Cephalohematoma (bleeding surrounding skull due to improper use of forceps or other birthing tools)

• Intellectual Disability (due to trauma during labor or delivery)

What are Signs My Doctor is At-Fault?

If any of the above birth injury conditions were diagnosed of your baby, your doctor or medical team may be at fault. Additionally, if you witness bruises, swelling, unusual bleeding, cuts, and/or fractures on your newborn after delivery, improper practices may have occurred.

How Can I Seek Compensation?

You can seek the professional advice of an experienced birth injury attorney  trusts to evaluate your circumstances. By providing as much detail and evidence as possible about what happened, your attorney can help you decide if you have a solid case against your doctor or medical provider. If the complications that arose could have been prevented, it is possible you were treated in a negligent or reckless manner during pregnancy or delivery by hospital staff members.

What are Some Harmful, Yet Preventable Actions?

A birth injury of an infant can be preventable. The most common behaviors committed by staff during pregnancy or delivery can include:

• • Twisting, pulling or moving infant improperly during birth

• • Negligent handling and usage of tools that assist with delivery (forceps, vacuum extraction tools)

• • Administration of incorrect type or amount of medication to mother during the pregnancy stage or delivery period

• • Failure to observe the infant for distress or irregular/fading heartbeat

• Failure to schedule and promptly perform an emergency C-section

Are There Any Future Consequences?

Due to the seriousness and severity of injuries your newborn can sustain due to a medical malpractice, there may be future long-term impacts. Some signs of further medical issues include:

• • Decrease in Stamina & Strength

• • Impairment of Cognition

• • Impairment of Emotions

• • Failure of Bone Structure to Develop Correctly

• • Joint Dysfunctions or Osteoarthritis

• • Psychological Problems

• • Lack Of or Decrease in Nerve Sensations

• Learning Difficulties in School

It is important to find legal representation if you believe your baby could have suffered from medical negligence or malpractice during any stage of your pregnancy. By using the above information as a guide, it can help you decide if your medical team could have been at fault.