Birth trauma refers to damaged tissues and organs of a newborn child. It may include short-term and long-term consequences that include physical and cognitive damage. Birth trauma and birth injury in a newly born baby have physical, emotional, and financial consequences that affect the entire family.
If your family experienced birth trauma that was caused by medical malpractice or negligence, you might be able to recover compensation for medical bills, lifecare costs, and other damages. To connect with a birth injury lawyer, please call the Birth Injury Lawyers Group at 1-800-222-9529.
Birth Trauma Lawsuits and Injury Cases
The first step in seeking potential compensation in a birth injury lawsuit is to determine the cause of the birth trauma or injury. If a healthcare provider or facility did not uphold a standard level of care through negligence, abuse, or omission, you may be entitled to compensation.
Common examples of medical malpractice in a birth injury case include:
- Inadequate or lack of prenatal testing
- Improper use of labor-inducing drugs and anesthesia
- Failure to diagnose in-utero conditions such as placental abruption, umbilical cord entrapment, infection, or premature membrane rupture.
- Insufficient testing during pregnancy (for example, blood sugar testing)
- Failure to refer high-risk patients to specialists
- Insufficient health monitoring for fetus and mother
- Unsanitary or inadequate labor and delivery practices
It can be challenging to prove medical malpractice in a birth injury lawsuit. An attorney from the Birth Injury Lawyers Group can tell you about the statute of limitations, naming liable parties, and recoverable damages.
Damages in a birth injury lawsuit include monetary and intangible losses. A birth injury lawyer will evaluate your baby’s health and expected prognosis and seek damages that may include:
- Past and future medical expenses
- Other healthcare costs including occupational therapy, counseling, in-home care, special vehicles or equipment, and home modifications
- Lost wages
- Pain and suffering
- Loss of companionship
- Reduced quality and enjoyment of life
To find a birth injury lawyer near you, please call 1-800-222-9529.
Birth Trauma Types
Birth Trauma Causes
Birth injuries may be caused by medical errors during delivery. They can also be caused by something that happened during pregnancy. Birth trauma may be caused by:
- Cephalopelvic disproportion that makes vaginal birth extremely risky
- Prolonged or difficult labor or delivery
- Breech birth (buttocks first) or other abnormal birthing presentation
- Improper use of forceps or vacuum that increases the risk of oxygen deprivation, nerve damage, fetal distress, and other birth injuries
- Delay or errors during a Caesarian section
- Umbilical cord entanglement with oxygen deprivation
Birth Trauma Symptoms
- Caput succedaneum may occur with vacuum extraction and cause bruising or swelling in the head.
- Cephalohematoma is a hemorrhage underneath one or more of the cranial bones. Some babies develop jaundice if enough red blood cells break down.
- Facial paralysis from forceps or vacuum during delivery and may need surgery to repair torn nerves.
- Brachial palsy can prohibit flexing and rotating of one arm if the group of nerves in the arms and hands are injured. This nerve damage is sometimes permanent.
- Erb’s palsy may cause partial or total paralysis in one or both arms because of nerve damage during childbirth.
- Torticollis (also called wry neck, or loxia) is a disorder of the neck that causes the head to tilt to one side and is usually caused by abnormal positioning in the womb.
- Brain damage can be caused by a lack of oxygen to the fetus during labor and childbirth and is proven by failure to react normally to stimulus, failure to thrive, and other symptoms.
Birth Trauma Diagnosis and Treatment
Some diagnostic tools include:
- Benchmarks for height, weight, and physical and cognitive development
- Computer imaging tests
- Hearing and vision tests
- Blood tests
Treatment options vary and may include:
- Corrective and reconstructive surgery
- Neonatal therapeutic hypothermia
- Respiratory therapy
A birth injury lawyer can determine if you are entitled to compensation. The Birth Injury Lawyers Group can help you find the right lawyer in your area. Please call 1-800-222-9529.
Birth Trauma Frequently Asked Questions
How Do I Know if My Baby Has Experienced Birth Trauma?
Birth traumas often are accompanied by a health crisis during labor or delivery. This may include slowing of a fetal heartbeat, oxygen for the mother, or an emergency C-section. Other injuries can be diagnosed soon after delivery. Others may take a few months or even several years to diagnose. Parents who suspect that their newborn or older baby may have a birth injury should consult a specialist.
Is Birth Trauma Fatal?
If the trauma involves a skull fracture, severe neurological damage, brain damage, or heart failure, the birth trauma may be fatal.
Who Is Liable for a Birth Trauma?
A birth injury lawyer will examine the circumstances during the pregnancy, labor, and delivery. Birth trauma cases are usually complex and could involve several liable parties.
What Makes a Baby More Susceptible to Birth Trauma?
Some risks for birth trauma may be reduced with proper prenatal care from a trained medical professional. Other risk factors include a baby with a birth weight greater than eight pounds and premature babies.
What Is the Statute of Limitations for Birth Trauma?
How long you have to file a birth trauma lawsuit varies depending on the state where your child was born. Each state has its own laws that apply in these cases, including a statute of limitations, a statute of repose, and the possibility of tolling for minors. Your attorney can help you understand the deadlines that apply in your case.
Birth Injury Glossary Terms
- What Is a C-Section? Cesarean section, also known as C-section, or cesarean delivery, is the surgical delivery of a baby through an incision in the mother’s abdomen and uterus.
- What Is Hypoxia? Hypoxia is the lack of enough oxygen in the tissues to sustain bodily functions.
- What Is Anoxia? Anoxia is the result of hypoxia and is a lack of oxygen in all or part of the body.