Unfortunately, there are many instances of birth injury caused by medical negligence. When a healthcare professional makes a mistake before, during, or after the delivery process, a child could sustain temporary or permanent injuries that affect every aspect of their life. Here, we want to discuss the most common birth injuries that occur due to medical errors, as well as whether or not families can recover compensation for their losses.
Definition and Causes
A birth injury is a physical harm sustained by the mother or baby during the birthing process. These injuries can arise from various factors, including complications during delivery, genetic conditions, or medical negligence. Medical negligence is a significant contributor to birth injuries and occurs when a healthcare provider fails to meet the expected standard of care, leading to harm to the baby or mother. This can include errors in judgment, failure to act promptly, or improper use of medical tools.
How Birth Injuries Occur
Birth injuries can occur in a wide variety of ways, including birth injury medical malpractice. In some cases, birth injuries are the fault of no individual involved in the labor and delivery process. However, there are times when the careless or negligent actions of medical professionals lead to a child or mother sustaining injuries.
Some of the most common forms of medical negligence during childbirth that could lead to a birth injury for a child or mother include the following:
- Too much force is exerted when delivering a baby from the birth canal. This can include pulling too strenuously on the child.
- The misuse of various types of delivery tools, including vacuum devices or forceps. This can also lead to individuals using too much force when delivering the child.
- Failing to adequately monitor a child’s vital signs, which could lead to not recognizing fetal distress.
- Not properly controlling any tearing or hemorrhaging in the mother during the delivery or after the delivery.
- Failing to perform a cesarean section (C-section) if one is indicated based on vital signs or predetermined labor difficulties.
Most Common Birth Injuries
Medical negligence during the delivery process can lead to a wide range of birth injuries. In minor situations, this can lead to blood loss, swelling or bruising, or significant vaginal tears. However, birth injuries often lead to long-term disabilities for a child. A child’s birth injury can have long-term consequences, affecting their physical and cognitive development. This can include:
- Nerve damage
- Cerebral palsy
- Erb’s palsy
- Traumatic brain injury
- Spinal cord trauma
- Kernicterus
- Fractured or dislocated bones
- Cephalohematoma
- Brachial plexus palsy
- Caput Succedaneum
This is certainly not a complete list of the types of birth injuries that can occur as a result of medical negligence. We strongly encourage you to reach out to a skilled attorney who can offer a free consultation to determine the best steps forward for your particular situation.
Medical Negligence During Pregnancy and Delivery
Medical negligence can occur at any stage of pregnancy, labor, or delivery. Some common examples of medical negligence during pregnancy include:
- Failure to diagnose or treat health complications affecting the mother and/or the baby
- Failure to monitor the mother and baby’s vital signs during labor
- Improper use of delivery instruments, such as forceps or vacuum extractors
- Failure to perform a timely cesarean section (C-section)
- Medication errors
During delivery, medical negligence can lead to serious birth injuries, including cerebral palsy, Erb’s palsy, and spinal cord injuries. It is essential for healthcare providers to adhere to the expected standard of care to prevent birth injuries and ensure the safety of both the mother and the baby.
Symptoms and Effects of Birth Injuries
Birth injuries can have a significant impact on a child’s quality of life. Recognizing the symptoms and effects of birth injuries is crucial for early intervention and management. Some common symptoms of birth injuries include:
- Delayed speech or motor skills
- Vision or hearing problems
- Seizures
- Developmental delays
- Learning disabilities
The effects of birth injuries can be long-term, affecting the child’s physical, cognitive, and emotional development. Providing the necessary medical care and support is essential to help manage these conditions and improve the child’s quality of life.
Treatment and Support
Treatment for birth injuries depends on the type and severity of the injury. Some common treatment options include:
- Physical therapy
- Occupational therapy
- Speech therapy
- Medications
- Surgery
In addition to medical treatment, it is essential to provide emotional support to the child and their family. Birth injuries can have a significant emotional impact, and addressing these concerns through counseling and therapy is crucial. A holistic approach that includes both medical and emotional support can help families navigate the challenges associated with birth injuries.
Is Compensation Available for Medical Malpractice?
There may be compensation available to those who bring forward a successful birth injury claim. However, please understand that these are medical malpractice cases, and they are notoriously difficult. A skilled California birth injury lawyer will work to determine liability, and this will include enlisting assistance from trusted medical experts who can evaluate the claim.
Filing a birth injury lawsuit can help families recover the financial compensation needed to cover medical expenses and other related costs.
If a claim is successful, the following types of compensation may be available to parents and the child:
- Complete coverage of any emergency medical expenses
- Compensation for any necessary long-term medical needs
- Coverage of prescription medications and medical devices
- Lost wages if parents are unable to work due to their child’s injury
- Physical pain and suffering damages on behalf of the child
- Emotional and psychological pain and suffering damages for the child and parents
- Loss of quality of life damages
There is no set amount of compensation paid to birth injury victims in California, but there are various factors that can affect the total settlement. We encourage you to speak to a skilled injury attorney who can help walk you through this process so you understand what to expect moving forward.
Pursuing a Birth Injury Claim
If you suspect that your child’s birth injury was caused by medical negligence, it is essential to pursue a birth injury claim. A birth injury claim can help you recover compensation for medical expenses, lost wages, and pain and suffering.
To pursue a birth injury claim, you will need to:
- Gather medical records and documentation
- Consult with a medical malpractice attorney
- File a medical malpractice lawsuit
- Negotiate a settlement or go to trial
It is essential to act quickly, as the statute of limitations for filing a medical malpractice lawsuit varies by state. A medical malpractice attorney can guide you through the process and help you seek justice for your child’s birth injury.
Get the Compensation Your Family Deserves After a Birth Injury with Callahan & Blaine
If your child has suffered a birth injury due to medical negligence, it’s crucial to seek justice and compensation to help cover their medical expenses, long-term care, and emotional distress. At Callahan & Blaine, our experienced team of medical malpractice attorneys is dedicated to fighting for the rights of families affected by birth injuries. With over 40 years of experience, we understand the complexities of these cases and will work tirelessly to ensure you receive the compensation your child deserves.
Don’t navigate this difficult journey alone. Contact us today to speak with a skilled attorney who will guide you through every step of the legal process. Call us at (714) 241-4444 or reach out via our contact form for a confidential consultation. Let us help you secure a brighter future for your child.
