Birth injuries are among the most devastating medical outcomes, affecting children and families for a lifetime. When preventable delivery room errors cause injury to a baby, families may recover substantial compensation through a birth injury lawsuit.
Understanding Birth Injuries
Birth injuries are injuries that occur during labor, delivery, or immediately after birth. While some birth complications are unavoidable, many result from medical negligence that could and should have been prevented.
Common Birth Injuries
- Cerebral palsy—brain damage from oxygen deprivation
- Brachial plexus injuries—nerve damage to arm and shoulder (Erb's palsy)
- Brain damage—from hypoxia, trauma, or infection
- Skull fractures—from improper instrument use
- Spinal cord injuries—from excessive traction or manipulation
- Facial nerve damage—from forceps pressure
- Broken bones—clavicle, arm fractures during delivery
Common Causes of Birth Injuries
Failure to Monitor
Fetal heart rate monitoring reveals distress. Negligent monitoring includes:
- Not watching monitors adequately
- Failing to recognize distress patterns
- Delayed response to warning signs
- Ignoring fetal distress can cause brain damage within minutes
Delayed Cesarean Section
When vaginal delivery becomes dangerous, C-section may be necessary. Delay can occur when:
- Doctor is unavailable or slow to respond
- Staff fails to escalate concerns
- Hospital lacks emergency C-section capability
- Minutes matter when baby is in distress
Improper Use of Instruments
Forceps and vacuum extractors can cause injury when:
- Used incorrectly or with excessive force
- Applied when contraindicated
- Used instead of safer C-section
Excessive Force During Delivery
When babies are stuck (shoulder dystocia), improper maneuvers can cause:
- Brachial plexus injuries
- Broken clavicles
- Brain damage from prolonged distress
Failure to Treat Infections
Maternal infections can spread to babies if not detected and treated:
- Group B strep
- Chorioamnionitis
- Other bacterial infections
Proving Medical Negligence
Birth injury lawsuits require proving:
1. Standard of Care
What a competent obstetrician, nurse, or hospital would have done under similar circumstances.
2. Breach of Standard
The healthcare provider failed to meet that standard—missed warning signs, delayed action, or made errors.
3. Causation
The breach caused the injury. Expert testimony must link the negligence to the baby's harm.
4. Damages
The child suffered compensable harm—medical expenses, pain and suffering, reduced quality of life.
Who May Be Liable
- Obstetricians—for delivery room decisions and actions
- Nurses—for monitoring failures and delays
- Midwives—for negligent care
- Hospitals—for staff negligence, inadequate staffing, policy failures
- Anesthesiologists—for medication errors
Damages in Birth Injury Cases
Economic Damages
- Lifetime medical care—often millions of dollars
- Therapy services—physical, occupational, speech therapy
- Special education—if needed
- Home modifications—accessibility needs
- Equipment—wheelchairs, communication devices
- Attendant care—lifelong assistance needs
Non-Economic Damages
- Pain and suffering—child's ongoing challenges
- Loss of enjoyment of life—activities child cannot pursue
- Parents' emotional distress
- Loss of consortium—impact on family relationships
Statute of Limitations
Birth injury claims have specific deadlines that vary by state:
- Some states toll (pause) the deadline until the child reaches adulthood
- Other states have shorter windows
- Parents' own claims may have different deadlines
Consult an attorney promptly to protect your rights.
Conclusion
Birth injuries caused by medical negligence impose lifetime consequences on children and families. These cases often result in multi-million dollar verdicts and settlements to provide for a child's lifetime needs. If you suspect your child's birth injury was preventable, consult an experienced birth injury attorney for evaluation.