What Is a Birth Injury?
The birth of a child should be a carefully monitored process, with doctors, nurses, and other healthcare professionals prepared to recognize and respond to complications. Unfortunately, injuries can occur before, during, or shortly after delivery. Some birth injuries are unavoidable, while others may result from medical errors or a failure to provide an appropriate level of care.
A birth injury is an injury suffered by a baby during pregnancy, labor, delivery, or the period immediately following birth. These injuries can range from temporary conditions that resolve with treatment to serious brain damage, nerve injuries, physical disabilities, and lifelong developmental challenges.
When a preventable birth injury may have resulted from the negligence of a healthcare provider, parents may have the right to pursue a medical malpractice claim on behalf of their child.
What Causes Birth Injuries?
Birth injuries can occur for many reasons, and the presence of an injury does not necessarily mean medical malpractice occurred. However, doctors and other medical professionals are expected to recognize known risks, appropriately monitor the mother and baby, and respond to complications in accordance with accepted standards of care.
Potential causes of birth injuries may include:
Failure to recognize or respond to fetal distress
Delayed Cesarean section (C-section)
Failure to properly monitor the baby's heart rate
Oxygen deprivation during labor or delivery
Improper use of forceps or vacuum extraction
Excessive force during delivery
Failure to diagnose or properly manage maternal infections
Failure to address umbilical cord complications
Improper administration or monitoring of medications
Failure to appropriately treat pregnancy complications
Delayed treatment of newborn respiratory problems
Failure to diagnose or treat jaundice or other newborn conditions
Determining the cause of a birth injury often requires a detailed review of prenatal records, fetal monitoring strips, delivery records, medical imaging, hospital procedures, and other evidence.
Common Types of Birth Injuries
Birth injuries can affect a child's brain, nerves, muscles, bones, and other parts of the body. The severity and long-term consequences depend on the type of injury and the circumstances surrounding the delivery.
Some birth injuries and conditions that may be associated with complications during pregnancy or childbirth include:
Hypoxic-ischemic encephalopathy (HIE)
Cerebral palsy
Brain damage caused by oxygen deprivation
Brachial plexus injuries
Erb's palsy
Shoulder dystocia injuries
Fractures
Facial nerve injuries
Spinal cord injuries
Seizure disorders
Developmental delays
Kernicterus associated with severe untreated jaundice
Some conditions become apparent immediately after delivery, while developmental or neurological problems may not become noticeable until months or even years later.
Birth Injuries Caused by Oxygen Deprivation
A baby's brain requires a continuous supply of oxygen. When oxygen or blood flow to the brain is reduced during pregnancy, labor, or delivery, the consequences can be severe.
One serious condition associated with oxygen deprivation is hypoxic-ischemic encephalopathy (HIE). HIE occurs when the brain does not receive sufficient oxygen and blood flow for a period of time. Depending on the severity and duration of the deprivation, a child may experience seizures, developmental delays, cognitive impairments, cerebral palsy, or other permanent neurological problems.
Medical professionals are expected to monitor for signs that a baby may not be receiving adequate oxygen. When fetal monitoring indicates distress, healthcare providers may need to take immediate action, which can include an emergency C-section.
A failure to recognize fetal distress or an unreasonable delay in delivery may be grounds for a medical malpractice investigation when the delay contributes to a child's injuries.
Brachial Plexus and Erb's Palsy Injuries
The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm, and hand. These nerves can be injured during a difficult delivery, particularly when a baby's shoulder becomes lodged behind the mother's pelvic bone, a complication known as shoulder dystocia.
A brachial plexus injury can result in weakness, limited movement, or paralysis of the affected arm. One form of brachial plexus injury is commonly known as Erb's palsy.
Some brachial plexus injuries improve with physical therapy and time. More serious injuries may require surgery and can result in permanent limitations.
When excessive force, improper delivery techniques, or a failure to appropriately manage shoulder dystocia contributes to a child's injury, the circumstances should be carefully evaluated.
Signs and Symptoms of a Birth Injury
The signs of a birth injury vary significantly depending on the type and severity of the condition. Some symptoms are immediately apparent, while others emerge as a child grows and begins missing expected developmental milestones.
Possible signs may include:
Difficulty breathing after birth
Seizures
Abnormal heart rate or oxygen levels
Poor feeding or difficulty swallowing
Weak or absent reflexes
Unusual muscle stiffness or floppiness
Limited movement of an arm or leg
Excessive sleepiness or reduced responsiveness
Abnormal movements
Delayed crawling, walking, or speaking
Difficulty with balance or coordination
Learning or cognitive difficulties
Vision or hearing problems
Parents who notice concerning symptoms should seek appropriate medical evaluation. Identifying the underlying condition can be important both for obtaining treatment and understanding what may have caused the injury.
When Is a Birth Injury Medical Malpractice?
Not every negative outcome during childbirth is caused by negligence. Complications can occur even when doctors and nurses provide appropriate medical care.
A potential medical malpractice claim may arise when a healthcare provider fails to meet the applicable standard of care and that failure causes or contributes to an injury.
Examples may include failing to properly monitor fetal distress, waiting too long to perform an emergency C-section, improperly using delivery instruments, administering the wrong medication or dosage, or failing to diagnose and treat a serious complication.
Birth injury cases can be medically and legally complex. Establishing malpractice generally requires evidence demonstrating both that the healthcare provider's conduct fell below the appropriate standard of care and that the error caused the child's injury.
The Long-Term Impact of a Serious Birth Injury
A severe birth injury can affect a child and family for decades. Children with permanent neurological or physical impairments may require extensive medical treatment, rehabilitation, therapy, specialized education, assistive devices, home modifications, and personal care.
Depending on the child's condition, future needs may include:
Physical and occupational therapy
Speech and language therapy
Neurological treatment
Surgeries and ongoing medical care
Mobility and assistive equipment
Specialized educational services
In-home assistance
Long-term or lifetime personal care
Understanding these future needs can be particularly important in a birth injury case because compensation should account not only for expenses already incurred but also for the costs the child may reasonably face throughout their lifetime.
Compensation in a Birth Injury Case
When medical negligence causes a preventable birth injury, a child and their family may be entitled to pursue compensation for the resulting losses.
Depending on the circumstances, recoverable damages may include:
Past and future medical expenses
Rehabilitation and therapy costs
Long-term care expenses
Assistive devices and medical equipment
Specialized educational needs
Lost or diminished future earning capacity
Pain and suffering
Other damages available under applicable law
Because the effects of a serious birth injury can continue throughout a child's life, accurately evaluating future medical and care expenses can be a critical part of pursuing a claim.
Contact a New Jersey Birth Injury Lawyer
When a child suffers a serious injury during pregnancy, labor, or delivery, families deserve answers about what happened and whether the injury could have been prevented.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Birth injury and medical malpractice cases require careful investigation of the medical care provided before, during, and after delivery to determine whether negligence contributed to the child's injuries.
If you believe your child's birth injury may have resulted from a doctor's, nurse's, hospital's, or other healthcare provider's negligence, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.
