Birth Injuries

Newborn infants are unbelievably fragile, relying totally upon the care of adults for its protection and survival. This fragility makes them especially susceptible to injuries caused by medical negligence. In the most severe cases, these medical mistakes can result in infant death.

Various factors contribute to the cause of birth injuries. While many are simply caused by disproportionate baby size or breech births, some birth injuries are the result of negligence on the part of medical professionals such as the doctor or nurses. A physician may fail to respond correctly to complications and disorders during the woman’s pregnancy or delivery, which could result in serious injuries or death to the newborn and/or its mother. Medical instruments such as a vacuum or forceps, used improperly, could cause severe bruising, permanent nerve damage, and broken bones. The wrong decision of whether or not to perform a cesarean section could result in the death of the unborn child. Under these circumstances, a medical malpractice claim can be/should be made against the doctor or medical professional involved and the hospital where the baby was delivered.

Even if and when a doctor exercise extreme care and adhere to the highest standards, birth trauma can still occur. Thus, by far, not all birth injuries are caused by medical negligence, and not all birth injuries will be support medical malpractice claims.

Accordingly, it is important to fully evaluate the circumstances surrounding a birth injury before attempting to pursue a legal action.

Some Causes of Birth Injuries

Difficult deliveries are usually the cause of most injuries to a baby. The difficulties of these deliveries are affected by such factors as:

• The baby’s size. When a baby weighs more than 8 pounds, 13ounces (four kilograms), birth injury becomes more possible. Premature babies (those born before 36 weeks) are also more susceptible to injury.
• The baby’s position – a “breech birth”, where the child’s backside or legs are presented first, is more likely to result in birth injury.
• Difficult labor (Dystocia), or prolonged labor.
• Cephalopelvic Disproportion – Meaning that the size and shape of the mother’s pelvis is not adequate for the child to be born through vaginal delivery.
• Medical Malpractice
• Medical error can also be the cause birth injuries, and can increase their severity or permanence. Medical errors which may support a malpractice action include the following:
• Failing to observe or respond to umbilical cord entrapment;
• Failure by doctors or nurses to respond to fetal distress (including irregularities in the fetal heartbeat);
• Inappropriate administration of Pitocin, a synthesized hormone used to induce or augment (speed up) labor.
• Delay of doctor in ordering cesarean section (c-section) when obviously medically necessary;
• The misuse of forceps or a vacuum extractor during delivery;
• Doctors failing to anticipate birth complications with a larger baby, or in cases involving maternal health complications;
• Failure by doctors or nurses to respond appropriately to bleeding.

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.

Other than the obstetrician, who else may be liable for our child’s birth injury?

You can file a malpractice suit against any one who had a part in injuring your child. For example, if the injury was caused by a nurse, a medical technician or delays at the hospital, the hospital and any individual involved can be sued.

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 nurse or physician.