Birth Injury Resulting from Negligent Medical Treatment

In the US, approximately six to eight significant birth injuries occur per 1,000 live births. A birth injury occurs during or immediately following the birth of a child.  There are many reasons that can explain the cause of a birth injury.  Sometimes the injury is due to medical malpractice and other times it is simply a matter of how the birth happened naturally. 

Raising a child who is the victim of a birth injury is difficult and life changing for many parents.  In the case of medical malpractice, the family may be able to receive monetary compensation for the damages their child has faced and will continue to face in the future.

Medical Negligence During Birth

Some of the medical reasons why a child might be born with a birth injury are:

• Damage caused by delivery instruments
• A doctor waiting too long to perform a c-section
• Giving the mother inappropriate medications
• Improper monitoring of the baby during delivery

Possible Injury

Brain Injuries

The most commonly known birth injuries are brain injuries.   Brain injuries that occur during the birth of a baby are usually caused by either a lack of oxygen or bleeding on the brain. Cerebral Palsy is caused by damage to the cerebrum, an important part of the brain, and can result in the child having less control of his movements and maybe even limited mental capacity.

Brachial Plexus

Sometimes the doctor will not properly assess the size of the baby.  If the baby is too large, he or she may become lodged in the birth canal.  Some babies can experience clavicle fractures because of the difficulties of getting through the birth canal. Brachial Plexus is another brain injury which is caused by Shoulder Dystocia, a condition where the baby’s shoulders are stuck in the mother’s pelvis.  The strain on the baby’s neck can damage the nerves between the neck and shoulder.

Forced Extraction

Other problems can occur during birth.  If forceps are used to help the delivery, the child may suffer bruising on his scalp or brain, bleeding inside his skull or underneath the scalp.

Virus

Type B Strep is a virus that can be passed to the baby from the mother.  Although it is harmless to the mother, this virus can be incredibly dangerous for a newborn.    If detected, it can be treated through high doses of antibiotics given to the mother before and during delivery.

Liability for Medical Negligence at Birth

Many birth injuries can be treated successfully if they are found early enough.  Unfortunately, there are some cases where a child is forced to suffer a lifetime of disability due to the actions, or lack thereof, of medical personnel.  If a birth injury occurs as a result of medical malpractice, physicians and/or hospitals may be held liable.