When are Traumatic Birth Injuries Medical Negligence?

Most babies in the United States are born without any physical injuries, though there is always a chance that there will be complications with delivery. It’s estimated that about 2.9 percent of babies in the U.S. go through some type of birth trauma, often because of the misuse of delivery instruments or the improper handling of delivery by doctors, midwives, or other medical professionals.

What Are The Causes Of Birth Trauma?

In general, birth trauma refers to any lacerations, broken bones, or other injuries that a newborn sustains during childbirth. Birth trauma tends to occur more frequently in babies that are bigger than average, especially when the baby is too large for the mother’s pelvic area. Large newborns often have to be handled more, and many times require the use of delivery instruments like forceps or a vacuum extractor. If too much force is used during these situations, either by a medical professional or with the instruments, injuries can easily occur.

Some of the most common risk factors that may result in birth trauma include:

• Babies born prior to 37 weeks
• Babies weighing over 8 pounds, 13 ounces
• Prolonged labor
• Abnormal presentation (breech position)
• Abnormal shape of the mother’s pelvis
• Labor that advances too quickly
• Babies whose heads are too large for the mother’s birth canal
• Umbilical cord complications
• Misuse of delivery instruments

Preventable birth injuries caused by medical negligence can happen as a result of other factors. One such cause is the failure to recognize that the baby is in distress either before or during labor, which can lead to serious complications if not addressed. Additionally, delays in delivering the baby when signs of fetal distress are present can increase the risk of injury. Monitoring the baby's heart rate is crucial during labor, and a failure to do so may result in undetected problems that could otherwise be treated promptly.

Healthcare providers need to manage any complications that arise during delivery swiftly, and delays in performing a necessary cesarean section can further exacerbate the risks.

What Are The Most Common Types Of Traumatic Birth Injuries?

Typically, traumatic birth injuries occur to the baby’s neck, head, and shoulders, because babies are usually born head first. However, that doesn’t mean that serious birth injuries can’t happen to other body parts as well.

The most common traumatic birth injuries include:

Bruising And Broken Bones

It isn’t unusual for newborns to have some bruising due to the physical stress that occurs as the baby passes through the birth canal or comes into contact with the bones and tissue of the pelvis of the mother. When delivery instruments like forceps or vacuum extractors are used, bruises may be left on the baby’s face or head.

Fractured bones are the most common traumatic birth injury, and they can also occur due to the use (or misuse) of delivery instruments or when a newborn is handled roughly or pulled too forcefully during delivery.

Caput Succedaneum

Caput succedaneum is an injury in which the scalp swells during or just following birth. It can be caused by the pressure from the uterus or birth canal during delivery. It’s more likely to occur when labor is prolonged, especially if the amniotic sac breaks and the baby’s head isn’t protected as it moves through the birth canal.

Caput succedaneum can also result from the use of vacuum extractors during delivery – used properly or improperly.

Cephalohematoma

Cephalohematoma occurs when there is a buildup of blood under the protective membrane that covers the skull. In newborns, it appears as lumps on the head that typically occur a few hours after delivery. Usually, cephalohematomas don’t require any additional medical intervention, and they go away on their own.

Brachial Plexus Injury

The brachial plexus is a network of nerves that connects the spinal cord to the arms and hands. Brachial plexus injuries can happen when a baby’s shoulder gets stuck in the birth canal, and the doctor pulls forcefully on one arm to dislodge the infant. The degree to which the brachial plexus is injured can vary depending on how damaged the nerves are – sometimes creating an injury that will heal on its own over time, but in severe cases resulting in permanent nerve damage.

Lack Of Oxygen

Oxygen deprivation, called anoxia, during labor or delivery, can result in serious health consequences for newborns. There are numerous ways that oxygen can be restricted to a baby’s brain, including when the placenta separates prematurely or if there are complications with the umbilical cord (twisting, pinching, or if it becomes wrapped around the baby’s neck).

Not having enough oxygen reaching the brain can cause severe and long-lasting medical conditions, including cerebral palsy, a disorder that affects the baby’s ability to control posture, movement, and muscle tone.

Spinal Cord Injuries

In rare cases, spinal cord injuries during labor and delivery may result from excessive stretching or traction on the baby's neck and spine. This can happen if there is improper handling or excessive force used during the delivery process. These cases can lead to lifelong consequences for the child, including paralysis or neurological impairments, underscoring the critical importance of proper delivery techniques and timely intervention.

When these or any other type of birth injuries occur as a result of healthcare providers' failure to adhere to the standard of care, parents may be able to file medical malpractice lawsuits.

Should You File A Medical Malpractice Lawsuit?

Many birth traumas are not serious and will heal on their own without medical attention. Babies who suffer minor injuries usually recover fully with no complications. However, there are situations in which traumatic birth injuries are severe and could have been prevented if it weren’t for medical mistakes or negligence.

When a baby is injured during a traumatic birth, those injuries can last a lifetime. When the injury was avoidable, the parents of the child may have a birth injury lawsuit against the responsible medical professional. Medical expenses are costly. Your family deserves relief from the financial burden of ongoing medical care. Compensation from a birth injury lawsuit won't reverse what's happened, but it will help relieve financial stress. If you believe this describes your family, Ross Feller Casey can help.

At Ross Feller Casey, we have a team of Ivy League-educated physicians right on our staff who are available to consult on birth injury cases. They have the knowledge and training to carefully review medical records and determine if there was negligence involved. We also have an unmatched history of winning financial recoveries for families who have suffered the emotional, medical, and financial consequences of a birth injury.

The medical malpractice lawyers at Ross Feller Casey are ready to help with your birth injury claim. Contact our offices today to schedule your free case review with an experienced birth injury attorney. All our cases are handled on a contingency basis. That means you will never pay a thing until a financial recovery is made in your case.