Birth Injury Malpractice

While injuries from medical malpractice can occur at any stage of the birthing process, those that take place in the labor and delivery room are among the most common and preventable types. These are some of the more common injuries to newborns.

Erb’s Palsy

Erb’s palsy is one of several types of brachial plexus injuries that can occur in the delivery room. This happens when the brachial plexus nerves in the upper arm are damaged. The severity of the injury varies, but it can result in paralysis of the arm, weakness of the grip, and loss of motor function in the arm. Physical therapy may be able to overcome some of the symptoms of Erb’s palsy but medications and surgery may be necessary.

Klumpke’s Palsy

Whereas Erb’s palsy affects the upper part of the brachial plexus nerves, Klumpke’s palsy affects the lower part. This type of injury mainly affects the hand, wrist, and lower arm of the affected area. Both these types of palsies are usually caused by shoulder dystocia and can occur when a doctor pulls the baby too hard.

Cerebral Palsy

Although most cases of cerebral palsy are present at birth, an estimated 10 percent of cases happen because of the negligence of a health care professional. Cerebral palsy is a group of chronic motor disorders that affect roughly 1 in 323 children in the United States. It is caused by damage to the brain while it is still developing². Head trauma, lack of oxygen, infection, and other factors may cause cerebral palsy.

Cephalohematoma

Cephalohematoma is when there is bleeding between the skull and periosteum. As the blood begins to pool, an unnatural bulge may grow on the newborn’s head. Cephalohematoma is one of the milder brain injuries a newborn can suffer; however, it is often associated with jaundice, anemia, infection, developmental delays, and cerebral palsy.

Caput Succedaneum

Caput succedaneum is similar to cephalohematoma, except the collection of fluid occurs between the periosteum and the scalp. Swelling typically goes down by itself. One complication can be jaundice.

Fractures

One of the most common birth injuries is a bone fracture. The collarbone is most frequently affected as it is vulnerable during deliveries. A fracture can happen when the doctor pulls on the baby’s arm. Fractures can also happen in the baby’s legs and feet during a breech delivery. Fractures typically heal over time, but they can also cause damage to the nerves and result in an inability to move the arm, according to National Children’s Hospital³.

When children suffer an injury as a result of the negligence of a health care professional, they deserve to have their medical bills paid and expenses for treatment covered for as long as they need. Even some of the milder birth injuries can cause pain and emotional anguish that cannot be quantified by money.

Parents of children injured during birth have successfully filed lawsuits against doctors and other health care professionals who acted negligently or failed to act in a reasonable manner.

In one case, a federal judge in Florida ruled that a doctor at a federally funded health care clinic was found negligent after refusing to order a C-section, ultimately causing the child to be born with brain damage. The federal government was forced for pay nearly $34 million to the child⁶.

In another lawsuit in 2017, a couple was awarded $14.5 million after a jury found an obstetrician provided negligent care that resulted in cerebral palsy and brain damage⁷.

Those who believe their child’s injury was caused by the negligence of a medical professional during the labor and delivery process should contact an attorney immediately.