Is the doctor negligent if he fractures a baby's clavicle during childbirth?

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Question:

My wife recently gave birth to a baby boy who weighed 9 lbs. 5 oz.  During the birthing process, his collar bone was fractured. I am worried that this may cause permanent damage. Can the doctor be held liable for medical malpractice?

Answer:

Injuries that an infant sustains during childbirth are categorized as birth trauma.  A clavicle fracture is a break in the collarbone that connects the upper arm to the trunk of the body. 

Broken collarbones occur in babies during childbirth because the clavicle does not ossify (turn into bone) until the late teens.  These fractures sometimes occur during a difficult vaginal delivery or following a breech birth.  Babies with a large birth weight are more likely to experience this type of injury.

The fracture may be discovered when the baby is first examined following birth.  An x-ray may be necessary in order to confirm the fracture.  In some cases, the fracture may go unnoticed until the parents discover a bump growing on the clavicle on the affected side.  This bump is called a callus which is the bone growing at the site of the healing fracture.  Clavicle fractures heal on their own within four to six weeks.

Parents who are concerned that the injury may cause permanent damage should consult with a medical malpractice attorney to review their case and make legal recommendations.

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