Approximately two million children suffer birth injuries each year in the United States. In some cases, birth injury results in mild temporary trauma, but in others, birth injury can lead to serious, long-term, and life threatening damage to the infant. While birth injury is sometimes the result of an unforeseeable event, birth injury is often preventable. When a medical professional fails to exercise the degree of care required to prevent birth injury, they can be held liable for a family’s losses and suffering.
Failure to diagnose prenatal and birth risk factors is an act of medical negligence which can increase the risk of subsequent birth injury. Maternal infections (i.e. measles, STDs) and other medical diseases (i.e. diabetes, Rh incompatibility) are treatable conditions which, if left untreated during pregnancy, can increase the risk of birth injury. Other factors—such as improper dating of the pregnancy, large fetal head size, and premature delivery—can be identified and treated in order to avoid birth injury.
There are also several fetal risk factors which can increase the risk of birth injury. Loss of blood or oxygen to the brain during pregnancy or delivery can result in serious birth injury appropriate medical measures are not taken to prevent and treat this condition. Bleeding or stroke in the baby’s brain can also be the cause of birth injury.
Infant jaundice is a common birth injury affecting nearly half of all newborns. Jaundice, the yellowing of the skin and eyes, can be caused by severe bruising, Rh incompatibility, and/or infection. Severe bruising is a common birth injury when improper or forceful birthing techniques (i.e. vacuum and forceps delivery) are employed during delivery. Fortunately, mild jaundice is a temporary condition that disappears on its own in a few weeks. Complications of infant jaundice can result in more serious consequences.
Birth injury can result in more serious damages. Shoulder dystocia is a birth complication occurring when the baby’s shoulder becomes impacted on the mother’s pelvic bone during delivery. When the risk factors of shoulder dystocia are identified and treated before delivery, the risk of birth injury can be greatly mitigated. When shoulder dystocia does develop during the birth process, there is a specific protocol employed by physicians to correct this birth complication. When a doctor fails to prevent or respond appropriately to shoulder dystocia, a child may develop a birth injury called brachial plexus palsy or Erb’s Palsy. This birth injury affects the nerves which run from the neck to each arm. This condition can disappear on its own or may require extensive medical intervention to correct.
Cerebral palsy is a serious birth injury which can result from a complicated birth. While the exact cause of cerebral palsy is unknown, loss of oxygen, bleeding, and other birth injuries can lead to cerebral palsy. When medical professionals exercise prudence and care during a woman’s pregnancy and delivery, cerebral palsy is often preventable.
If your child has suffered a birth injury, you may be eligible to seek compensation for your losses. In many circumstances, it can be difficult to determine just what happened before or during delivery which resulted in your child’s injuries. This is why it is important to contact a qualified and experienced legal professional with experience investigating cases of birth injury to determine liability for your losses. Please contact us to learn more about your legal rights and options after birth injury.
See Also: Cerebral Palsy
