Top Class Actions  |  October 10, 2022

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Birth injury overview

A birth injury can be any impairment to an infant’s body structure or function because of a harmful incident that occurred near or at the time of the birth. Some birth injuries are mild, like a bruise, but others can be more significant and cause permanent disabilities.

The birth of a child should be cause for celebration. But for many families around the country, medical malpractice contributes to the risk of a birth injury that can leave a devastating impact on the families.

Unfortunately, many birth injuries are directly related to malpractice that occurs in the time leading up to the birth or in the labor and delivery room. These can cause permanent and serious impairments such as:

  • Seizures
  • Brain damage
  • Cerebral palsy
  • Erb’s palsy
  • Premature birth
  • Meningitis
  • Untreated jaundice
  • Fatal oxygen deprivation
  • Fractures of the collar bones, skull or arm
  • Learning or developmental delays
  • Shoulder dystocia
  • Brachial plexus injuries

If a parent discovers the signs and symptoms of a birth injury, this could be grounds for a medical malpractice lawsuit against the health care professionals involved.

What causes birth injuries?

A difficult birth or an injury for the baby can happen because of the position of the baby or the bay’s size. However, prolonged labor, abnormal birthing presentation, medical malpractice, and prematurity can also contribute to the risk of injuries sustained during birth.

Head injuries are the most common birth related injuries, and these can have long-lasting effects on the child as well as the parent.

Nerve injuries can also occur during or before delivery which lead to weakness of the muscles controlled by the impacted nerve. These can affect the brachial plexus with had or arm weakness, the facial nerve with a lopsided facial expression or the spinal cord which can cause paralysis.

The birth trauma rate has fallen over the past few decades, from 2.6 per 1,000 live births in 2004 to 1.9 per 1,000 live births in 2012. This reduction may be related to a parallel reduction in the rates of deliveries that use instruments such as forceps and vacuums. Unfortunately, numerous families still experience birth injuries and the lifelong consequences they can bring.

Signs and symptoms of cerebral palsy

Cerebral palsy is one of the most common types of birth injuries recorded in the labor and delivery room. Being aware of the symptoms associated with this birth injury can help parents can get medical attention immediately.

Some of the most common symptoms include poor muscle control, muscle spasms, feeling stiff, low muscle tone or delayed development. Other issues can include frequent vomiting, poor visual attention, and shaky muscles in the arms and legs.

Symptoms of Erb’s palsy

Erb’s palsy is another type of severe birth injury that can lead to developmental issues and disabilities.

Some of the most common symptoms noted in Erb’s palsy include pain on the affected side, weakness in an arm, numbness in the hand or arm, paralysis, impaired muscular or nervous development or the child holding one arm against the body with a bent elbow.

Parents who notice these symptoms in their child are encouraged to report them to a physician.

Warning signs of shoulder dystocia

Shoulder dystocia is another birth injury which occurs due to difficult labor. This occurs when a baby’s shoulders get stuck during vaginal birth, extending the length of labor and leading to complications.

Although shoulder dystocia occurs in people without risk factors, many who experience the condition during labor have pre-existing risk factors. These risk factors include diabetes, induced labor, obesity, premature birth, multiple babies, and more. If a patient has any of these risk factors, a doctor may opt for a C-section to avoid complications.

Potential complications of shoulder dystocia include:

  • Injuries to the mother
  • Injuries to the baby’s shoulders or limbs
  • Lack of oxygen to the baby’s brain, leading to infant brain damage
  • More

Filing a birth injury lawsuit

In some cases, birth injuries can be attributed to medical malpractice. Since a birth injury can lead to developmental problems or even permanent disabilities, a birth injury lawyer can help hold the medical provider responsible and find a way for a family to get the financial support needed to pay the medical bills.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.