Dealing with the Unthinkable: Preventable Birth Injuries

An expectant mother develops a close relationship with the obstetrician that will deliver her child. She trusts that the skill and training of her doctor will ensure a safe delivery. The birth of a baby is supposed to be one of the happiest events in a mother’s life. The last thing an expectant mother considers is a preventable birth injury. But sometimes things go wrong. However, serious birth injuries occur in about 3 of every 100 births.

Few patients are as precious as an infant, and their medical care starts before they are even born. Pregnancy is a very vulnerable time for the mother and infant. A doctor that fails to properly diagnose and treat a complication or other emergency situation may lead to the baby suffering lifelong consequences attributable to a preventable birth injury.

A birth injury is legally defined as damage sustained during the birthing process. Brain damage is among the most serious of these injuries. It results from a baby’s brain being deprived of oxygen or from bleeding that occurs within the brain resulting from trauma during the delivery procedure.

Birthing injuries can range from minor to life threatening and include:

• Minor injuries including skin irritations
• Bone fractures, including broken arms and collar bones
• Brachial plexus palsy, Cerebral palsy, and Erb’s palsy
• Other complications that can lead to permanent disability or death include head and neck trauma, paralysis, and brain injury

There are a number of natural causes for injuries that can occur to a baby during birth. The umbilical cord may become twisted or compressed which can limit or shut off the baby’s air flow. A baby may become breeched, or they may be too large to fit through the birth canal. However, doctors have many options for dealing with the majority of birthing complications. Medical providers may be held liable for the following:

• Prolonged or difficult labor (typically due to a large baby)
• Failing to discover the umbilical cord wrapped around a baby’s neck
• Delaying for an unreasonable amount of time before performing an emergency Cesarean section
• Misdiagnosing or failing to treat or test conditions during pregnancy
• Failing to identify negative fetal signs

If you suspect that your child suffered from a preventable birthing injury because of the negligence of others, you should consider consulting with a personal injury lawyer. While you are dealing with the emotional toll of a birth injury is no time to consider handling the issue yourself. Proving that negligence led to a birth injury can be a complicated process.

In addition, it is a good idea to consult with an attorney that has dealt with birth injuries before. They will be familiar with the sort of damages you should expect and have the medical resources necessary to discover if the injury resulted from negligence. If you suspect your child suffered from a preventable birth injury, it is better to look into the matter sooner than later, as statute of limitations may apply.

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