Common Causes of Birth Injuries:

 

• Medical professionals fail to recognize warning signs of birth injuries and act appropriately
• The newborn suffers from hypoxia, lack of oxygen to the brain, during birth
• Medical professionals fail to recognize a large fetus that needs to be delivered via C-section
• The child becomes stuck in the pelvis and removing the child leads to shoulder dystocia, which can lead to permanent impairment.
• A child suffers brain trauma from improper forceps pressure
• Improper administration of medication

 

Common Consequences of Birth Injuries:

 

• Cerebral palsy: Oxygen deprivation to a child's brain can inflict permanent brain damage. Often times, this can lead to physical impairment and, in severe cases, lifelong care may be necessary.

 

• Erb's palsy: Often, a child can become lodged in the pelvic area during birth. Unfortunately, a medical professional may damage or sever the nerves to the shoulder area. This may lead to permanent impairment and an inability to move the arm.

 

• Brain hemorrhage: head trauma, including skull fractures, can lead to a bleeding in the child's brain. Head trauma and brain bleeds can have drastically different side effects but there are potentially dire consequences.

Statistics:

 

• 28,000 newborns are injured shortly following birth yearly.
• 7 out of every 1,000 children born in the United States suffer a form of birth injury.
• 20% of infant fatalities are the result of birthing injuries.
• 3 newborns suffer a birth injury every hour.

 

Common Types of Claims:

 

Birth injuries generally lead to a claim against the medical professional responsible for the injury. Potential claims need to be thorough and complete. Often a life care plan is created that outlines all potential medical costs for the rest of a child's life. These medical costs may include ongoing private medical care, ongoing physical therapy, ongoing speech therapy, mobility equipment, home modifications for a wheelchair, specialty vehicles for transportation.

 

While birth injuries include claims for past, present, and future medical expenses, the permanent impairment also leads to a loss that is harder to quantify. Permanent impairment, disfigurement, loss of enjoyment of life, mental anguish and emotional damage all accompany a life-altering injury. Unfortunately, the injury is often beyond complete repair. It is important for a lawyer to properly assess the legal claims and case value to help ensure the child has the best resources to have a happy and fulfilling life.

 

Articles:

 

Members of Goodnow|McKay are vigilant in research and advocacy on behalf of accident victims. Please see the linked articles below related to medical malpractice cases:

 

• Medical Professionals Make Mistakes. A Lot.
• Practical Law Series: Birthing Injuries