Categories: Law

4 Of The Most Common Birth Injuries and How to Pursue A Lawsuit For Them

October 23, 2021

Birth injuries happen to an infant during labor and delivery. There are many reasons birth injuries can occur. Among them are prolonged labor, premature labor, a large baby, and medical negligence. If medical negligence causes your child’s birth injury, then you should consider contacting a personal injury attorney. There are many types of birth injuries, but these are four of the most common.

Bruising or Forceps Marks

Sometimes a baby has to be helped through the birth canal. Doctors will use forceps to help get the baby out. Sometimes this can cause bruising on the baby’s face, although bruising can also happen without using forceps. If doctors help the baby through the canal with vacuum extraction, scalp bruising or lacerations may occur.

Facial Paralysis

Facial paralysis can happen when there has been a lot of pressure on the baby’s face, injuring the facial nerve. Forceps can cause this injury. The facial nerve can be bruised or torn. If torn, surgery will fix it. You will notice this injury immediately when the baby cries. If they have facial paralysis, one side of the face will show no movement, and the eye on that side won’t be able to close.

Fetal Oxygen Deprivation

This injury happens when the baby doesn’t get enough oxygen before or during the time of delivery. Fetal oxygen deprivation can cause hypoxic-ischemic encephalopathy, or HIE, which can lead to epilepsy, cerebral palsy, cognitive issues, motor impairments, and other developmental delays. If medical professionals recognize the signs early enough, they can prevent some cases. If they catch it early enough, they can perform an emergency C-section.

Traumatic Birth Injury

A traumatic birth injury happens to either the brain, spine, nerves, or bones. Many things can cause these injuries, such as the baby’s size and position during labor. If a baby is not handled correctly during labor and delivery, a traumatic birth injury can happen. A traumatic birth injury can cause a hemorrhage inside the baby’s skull or on their brain. 

It could also cause damage to the brachial plexus nerves located near the cervical spine. A baby stuck in the canal may cause doctors to pull on their head to get them out, potentially causing damage to the brachial nerves.

A personal injury attorney can help you if you want to pursue legal action against your medical team. If medical negligence during delivery caused your baby to suffer birth injuries like cerebral palsy or other issues, then you may have a case against the hospital. Gather your evidence and take it to an experienced personal injury attorney, and they will be able to tell you if you have a case. Each state puts different deadline limitations on these injuries, so make sure to act quickly after your child’s diagnosis.

Birth injuries can be minor, or they can be life-changing. You can spot some injuries immediately, while others are only apparent years later. Depending on the severity of your child’s birth injuries, you may be able to pursue compensation in order to better care for your child. Talk to a lawyer about your options.

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