Common birth injuries
Lacerations and broken bones
Lacerations to a newborn’s delicate skin are usually the result of using instruments like forceps to assist in a difficult vaginal birth.
Broken bones are typically caused when a child is not positioned correctly for their trip down the birth canal, or when the size or shape of the mother’s pelvis can’t accommodate the baby’s size.
Since newborns heal quickly, broken bones rarely present long-term difficulties. However, they often indicate a Cesarean section would have been a better option than a vaginal birth.
Brain injuries
Injuries to a baby’s brain can lead to a wide range of conditions. Some of these are temporary while others may be lifelong. The severity of a child’s future impairment depends on the extent of the brain damage.
Cerebral palsy is the most common motor disability among American children. It has a number of possible causes, including injury in utero, stroke, and a prolonged labor that keeps oxygen from reaching the baby’s brain.
Brain ischemia occurs when a baby’s brain doesn’t receive enough blood during labor or delivery. Brain ischemia can lead to cerebral palsy, developmental delays, cognitive delays, and hypoxic ischemic encephalopathy.
Hypoxic ischemic encephalopathy (HIE) occurs when an infant’s brain is deprived of oxygen. This condition can damage the brain and other organs.
Intracranial hemorrhage is also called a brain bleed. A brain bleed can be caused by head trauma suffered during delivery and may require surgery to stop the bleeding.
Neonatal sepsis and chorioamnionitis
Neonatal sepsis and chorioamnionitis occur when an infection passes from a pregnant mother to her fetus.
Neonatal sepsis is often caused by a Group B strep infection or by the herpes simplex virus.
Chorioamnionitis can cause dangerous symptoms in both the mother and child and can lead to a premature birth.
Erb’s palsy and Klumpke’s palsy
The brachial plexus is a bundle of nerves running through the shoulder into the arm. In a difficult delivery, these nerves can be damaged. This damage can result in lifelong symptoms such as weakness or paralysis of the affected arm.
Erb’s palsy affects the muscles in the shoulder and upper arm, while Klumpke’s palsy affects the lower arm and hand.
Shoulder dystocia
Shoulder dystocia happens when a baby’s shoulders get stuck in the mother’s pelvis during labor. When this happens, medical personnel need to intervene to free the shoulders.
If medical staff fail to notice and address this complication, it can prolong labor and lead to fractures, lack of oxygen to the brain, and a brachial plexus injury. It can also cause heavy blood loss to the mother.
Cephalohematomas
Cephalohematomas happen when blood pools between the skull and the scalp. They’re most likely to occur when doctors use a vacuum or forceps to pull on the baby’s head. This injury does not cause brain damage, but it can increase the risk of other complications, including jaundice and infection.
Death
Death is the worst possible outcome of a traumatic birth. Infants and mothers may die during childbirth if medical staff fail to address pregnancy complications, fail to properly monitor fetal and maternal vital signs, or improperly administer medication.
Can I claim compensation for a traumatic birth?
Birth injury claims are a form of medical malpractice litigation. Fernandez Law has extensive experience getting families compensated for injuries suffered in a traumatic birth.
A successful medical malpractice suit in Missouri has three parts:
- Determine negligence. Medical professionals are expected to deliver a minimum standard of care. To have a case, we have to prove that standard was not met.
- Get an affidavit of support. This is a letter from a professional in the same field, such as an obstetrician or neonatal nurse, that confirms the care you received fell short of the minimum standard.
- Prove the negligence caused the harm. Some birth injuries are unavoidable. To win your case, we need to prove the action or inaction of the medical staff directly led to your child’s injury.
Missouri health care professionals and institutions are protected from medical malpractice claims by professional liability insurance. These insurers have tough legal teams who will do whatever they can to force you into a settlement or get your claim thrown out of court.
The Missouri legal system is not easy to navigate. You don’t have to spend your evenings and weekends trying to make sense of legal jargon, feeling bullied by insurance company attorneys, and wondering if you’re doing the right thing.
We have more than 30 years’ experience in medical malpractice claims. Our attorneys know how to go toe-to-toe with insurers and win. Spend your time caring for your child and building memories with your family. We’ll handle the legal fight, and we’ll make sure you understand your options every step of the way.
I am writing to express my sincere gratitude for the EXCELLENT work that was done for me. My case was a rather difficult one to prove and Gonzalo Fernandez and his team went above and beyond to prove my position. During the course of the proceedings I was kept well informed and never doubted for a moment that my interests were being looked after. The firm worked as a team and each attorney involved in my case worked wonders with their areas of specialty. I would highly recommend Gonzalo Fernandez or any member of this firm. If you want superb representation, this is the Team of Attorneys to call. A special thanks to Gonz, Jim and Mike.
- Paula