The terms "birth injury" and "birth trauma" ordinarily refer to injuries to a baby that result from complications during labor and delivery.
Birth injuries range from mild to severe, ranging from minor bruising to nerve or brain damage. Most birth injuries do not result from medical malpractice. A lawyer can assist you in evaluating a specific incident for the possibility of malpractice. Common injuries include:
Bruising and Forceps Marks
Sometimes a baby will have bruising on the face or head simply from passing though the birth canal, and from associated contact with the mother's pelvic bones and tissues. If forceps are used during delivery, they may leave temporary marks or bruises on the baby's head. Vacuum extraction can also cause brusing to the head, and may cause a scalp laceration. In extreme cases, forceps use can cause depressed skull fractures, which may require surgical elevation.
This common birth injury results in bright red band around the iris of one or both of the baby's eyes. This does not cause damage to the eyes, and usually disappears completely within a week to ten days.
This is a severe swelling of the baby's scalp, and is more likely to occur as a result of vacuum extraction. The swelling will ordinarily disappear within a few days.
This term refers to bleeding between a bone and its fibrous covering. With regard to childbirth, this type of injury is typically seen on the baby's head. A cephalohematoma will ordinarily resolve within two weeks to three months. If a cephalohematoma is particularly large, the baby may become jaundiced as the red blood cells break down.
Pressure on the baby's face during labor or birth, or the use of forceps during childbirth, may cause injury to a baby's facial nerves. If a nerve is merely bruised, the paralysis will ordinarily clear up within a few weeks. With more severe nerve damage, it may be necessary to surgically repair the damaged facial nerves.
Brachial Palsy Injuries (Erb's Palsy and Klumpke's Palsy)
this condition occurs when the brachial plexus (the group of nerves that controls movement of the arms and hands) is injured. This injury most often results from "shoulder dystocia", a term which describes birth difficulties which result when the baby's shoulders impair its passage through the birth canal. When injury causes only bruising or swelling, the baby will ordinarily recover within three months. In more severe cases, there may be permanent nerve damage, and physical therapy and surgery may be required.
The most common bone fracture is to the clavicle (collar bone), usually during difficult births or breech delivery. In most cases, the baby recovers quickly once the bone is immobilized.
Birth difficulties can result in oxygen deprivation to the baby as a result of blood loss, or the twisting or compression of the umbilical cord. Prolonged oxygen deprivation can cause brain damage, and may result in seizure disorders, cerebral palsy, or mental impairment.
Injuries to a baby are more likely during a difficult delivery. The difficulty of delivery is affected by such factors as:
The baby's size. When a baby weighs more than eight pounds, thirteen ounces (four kilograms), birth injury becomes more likely. Similarly, premature babies (those born before 37 weeks) are more susceptible to injury.
Cephalopelvic Disproportion - A fancy way of saying that the size and shape of the mother's pelvis is not adequate for the child to be born by vaginal delivery.
Difficult labor or childbirth ("Dystocia"), or prolonged labor.
The baby's position - a "breech birth", where the child's buttocks or legs are presented first, is more likey to result in birth injury.
If a mother experienced complications during a prior birth, doctors should be on alert for possible complications during any subsequent birth.
Medical error can cause birth injuries, or can increase their severity or permanence. When a healthcare provider negligently causes injury to a patient, including a birth injury, the patient's claim for damages falls under the law of medical malpractice.
Medical errors which may support a malpractice action include:
Failing to anticipate birth complications with a larger baby, or in cases involving maternal health complications;
Failure to respond appropriately to bleeding;
Failing to observe or respond to umbilical cord entrapment;
Failure to respond to fetal distress (including irregularities in the fetal heartbeat);
Delay in ordering cesarean section (c-section) when medically necessary;
Misuse of forceps or a vacuum extractor during delivery;
- Inappropriate administration of Pitocin, a synthesized hormone used to induce or augment (speed up) labor.
Additionally, injuries can result to a baby as a result of poor care delivered after the birth, including mistakes made during a circumcision, or failure to properly attend to an infection.
Proving Medical Malpractice
A medical malpractice case for a birth injury requires proof of the following elements:
- The healthcare provider had a professional relationship with the child;
- The healthcare provider violated the governing professional standard of care when providing services to the child;
- As a result of that violation of the standard of care, the child was injured; and
- The child suffered damages as a result of the injury.
Many birth injuries occur without a violation of the standard of care by the doctors and other professionals who provided services before birth and for the child's delivery. Unfortuntely, some birth injuries occur despite the best of medical care. In birth injury cases it normally requires the evaluation of a case by a medical expert in order to determine if it can be proved that malpractice occurred.
Evaluation of a Birth Injury Malpractice Claim
In evaluating a possible malpractice claim, an attorney will ordinarily want to review all of the baby's medical records, including those associated with the child's birth and neonatal care, and may wish to also have them reviewed by a medical nurse or physician.
Compensation for Birth Injuries
In a medical malpractice action arising from a birth injury claim, damages sought on behalf of the child typically include the economic cost of the injury, including the cost of past and future medical care, the cost of medical equipment, and the cost of therapeutic and assistive services that the child will require in the future, as well as compensation for the child's pain and suffering.
Notice: The examples included in this article are for illustrative purposes only. Real life is a lot more complicated than these examples. You should not take anything in this article as indicating that you do or do not have a valid malpractice action. That determination should only be made after a thorough review of your case by a malpractice specialist. Remember also that attorneys may have different perspectives on your case -- even if your case is initially declined, don't be afraid to seek an opinion from another law office.