While broken bones do occasionally happen naturally during childbirth, they are more often preventable birth injuries. If your newborn suffered a broken collarbone, leg, or other bone during labor and delivery or shortly after, you may be eligible to pursue damages. The Birth Injury Lawyers Group can help you hold the doctor or hospital liable for the pain your baby endured.
Call 1-800-222-9529 today to connect with an infant broken bones birth injury lawyer in your state. Your attorney will provide a free review of your case and may be able to take legal action on behalf of your child and your family.
Infant Broken Bones Lawsuits and Injury Cases
Medical malpractice occurs when a doctor or other care provider fails to provide an acceptable standard of care, and a patient suffers preventable injuries as a result. In the case of infant broken bones, this could mean using too much force during delivery or failing to recognize a condition that significantly increases the risk of fractures.
Your attorney will evaluate the facts of your case and explain your legal options. You may be eligible to pursue damages that include:
- Medical care costs
- Physical therapy
- Out-of-pocket expenses
- Pain and suffering
To build a strong case and hold the doctor or hospital liable, your birth injury lawyer will likely enlist the help of a medical expert witness who can testify to the acceptable standard of care and the protocols the care team should have followed during your child’s birth. They will also collect additional evidence to prove your related damages.
Infant Broken Bones Types
In general, there are two main types of fractures:
- Simple fractures
- Compound fractures
In simple fractures, the bones remain inside the skin. Compound fractures involve broken skin. Most infant broken bones are simple fractures.
There are also a number of other sub-types of fractures. Not all of them are common in infants, however. They include:
- Single non-displaced fracture
- Stress or hairline fracture
- Torus or buckle fracture
- Comminuted fracture
- Compression fracture
- Displaced fracture
- Greenstick fracture
- Segmental fracture
- Single fracture
Greenstick and buckle fractures are the most common breaks in infants and children whose soft bones do not break in the same way that more mature bones might.
Infant Broken Bones Causes
Most bone breaks or fractures that occur during delivery are preventable if the doctor and medical staff carefully monitor both the mother and baby during delivery and take steps to reduce the risk of a difficult or long delivery.
This could include scheduling a cesarean section (C-section) or calling for an emergency C-section to ensure a safer delivery. This is key in cases when the baby is exceptionally large, or there is evidence to suggest cephalopelvic disorder (CPD).
Preventable infant broken bones may also occur when a doctor yanks or pulls inappropriately on the newborn. Improper use of forceps, vacuum, or other birth-assisting tools can also cause broken bones.
Infant Broken Bones Symptoms
In some cases, it can be somewhat difficult to determine if your infant has a broken bone or another type of injury. You should request X-rays or other medical imaging tests if your child:
- Has significant swelling, especially in the collarbone, leg, or elbow.
- Cannot be comforted and starts crying when you touch the affected area.
- Shows difficulty or reluctance to move an affected limb.
- Has a deformity in the affected area.
Infant Broken Bones Diagnosis and Treatment
Doctors diagnose broken bones in infants in the same way they would with adults—with medical imaging. An X-ray can show where the break occurred and the type of break. Most infant breaks only require a splint, cast, or harness to hold the bone in place while it heals. More serious or displaced breaks, however, could require traction, closed reduction, or surgery.
The most common sites doctors diagnose infant bone breaks include:
- The clavicle, or collarbone
- The femur
- The humerus
Infant Broken Bones Frequently Asked Questions
How do I know if my baby has infant broken bones?
If you notice a deformity and swelling, especially when paired with inconsolable crying and reluctance to move the affected limb, you should demand medical attention and imaging for your child.
Can infant broken bones be fatal?
Infant broken bones are unlikely to be fatal, and most heal with no lasting damage. Without an accurate diagnosis and prompt treatment, however, you run the risk of your child’s bone healing incorrectly. This could cause lifelong deformity and impairment.
Who is liable for infant broken bones?
Depending on the circumstances of your infant’s birth injuries and broken bones, you may be eligible to file a medical malpractice lawsuit against the doctor who delivered him, another doctor who treated him after birth, or the hospital where he was born.
What is the statute of limitations for infant broken bones?
When an infant suffers a preventable broken bone because of a doctor or hospital’s negligence, the child’s parents have the right to pursue damages on the baby’s behalf. However, there are time limits on how long you have to file a lawsuit. This time limit varies by state.
In addition, there may be special rules that apply. This includes tolling (suspending the effect of the statute) because the victim was a minor or a statute of repose. When your attorney reviews your case, you will get a better idea of how long you have to take legal action.
Infant Broken Bones Glossary Terms
- What is malalignment? Malalignment occurs when a bone heals, but the two ends of the bone were not in alignment. This causes a deformity and can lead to lifelong pain and impairment.
- What is Osteogenesis Imperfecta? Osteogenesis Imperfecta is a rare genetic bone disorder that causes the person’s bones to break easily. It is also known as brittle bone disease.
- What are greenstick fractures? In this type of fracture, one side of the bone breaks and causes the other side to bend but remain intact. Greenstick fractures are one of the most common types of fractures in infants, toddlers, and young children.
Talk to an Infant Broken Bones Birth Injury Lawyer in Your State
If your newborn suffered broken bones during delivery, their injuries may be the result of medical malpractice. Call the Birth Injury Lawyers Group to connect with an attorney in your state today. You can reach our group by dialing 1-800-222-9529.