The birth of a baby is a moment full of hope and promise. Most parents spend months preparing for this milestone, dreaming of holding their little one and seeing them thrive. Unfortunately, for some families, complications arise during pregnancy, labor, or delivery, leaving their child with life-altering birth injuries. These moments can be devastating, made worse when the injury could have been avoided.
Birth injuries caused by medical negligence are particularly heartbreaking, as they result not from unpredictable factors, but from the failure of healthcare professionals to provide the care and attention your child deserved. Understanding the possible causes of birth injuries can help parents process their experience and take steps toward finding justice.
What Are Birth Injuries?
A birth injury is any type of harm that affects a baby during or near the time of birth. These injuries can affect the brain, nerves, muscles, bones, or organs. Some birth injuries can lead to permanent physical, cognitive, or developmental disabilities that require ongoing care.
When medical negligence is involved, a birth injury almost always stems from something preventable—a failure to meet the required standard of care during pregnancy, labor, or delivery. These failures may include missed diagnoses, improper monitoring, poor communication among the medical team, or errors during critical moments of care.
Common Causes of Birth Injuries Due to Medical Negligence
Healthcare providers have a legal and ethical responsibility to ensure the safety of both mother and child throughout pregnancy and delivery. When a doctor, nurse, or other medical professional fails to fulfill this duty, it can result in severe injuries. Below, we explore some of the leading causes of birth injuries linked to medical negligence.
Oxygen Deprivation (Birth Asphyxia and HIE)
One of the most serious causes of birth injuries is oxygen deprivation, medically referred to as birth asphyxia. When a baby doesn’t receive enough oxygen during labor or delivery, their brain and other organs can suffer damage. Hypoxic-ischemic encephalopathy (HIE) is a specific type of injury that occurs when oxygen and blood flow to the brain are severely reduced. HIE is another name for birth asphyxia.
Oxygen deprivation can happen for various reasons, including:
- Umbilical cord complications such as a prolapsed cord, nuchal cord (cord around the baby’s neck), or a true knot that cuts off blood and oxygen flow.
- Placental abruption, where the placenta separates from the uterine wall prematurely.
- Uterine rupture, a rare but dangerous condition where the uterus tears, causing internal bleeding.
- Delayed C-sections, where medical staff fail to act promptly after signs of fetal distress appear on monitoring equipment.
Proper prenatal monitoring, proper fetal monitoring in labor and delivery, timely interventions, and emergency C-sections can prevent many cases of oxygen deprivation. Failure to act on these warning signs constitutes medical negligence.
Physical Trauma During Delivery
Traumatic birth injuries occur when excessive physical force or improper techniques during delivery harm the baby. These injuries are often linked to improper use of medical tools or failing to follow protocols to ensure a safe delivery. Some examples include:
- Improper use of forceps or vacuum extractors during delivery. These tools can be necessary in certain cases, but improper usage can lead to nerve damage, skull fractures, or brain injuries.
- Cephalopelvic disproportion (CPD), where the baby is too large for the birth canal. If not recognized, this situation can cause the baby to become stuck, leading to injuries from prolonged pressure or difficult extraction.
- Prolonged or obstructed labor, which increases the likelihood of physical trauma and oxygen deprivation. Monitoring tools like fetal heart rate monitors should guide decisions about timely interventions in these scenarios.
Failing to anticipate or appropriately respond to these conditions and change the plan to C-section in time, can leave families dealing with preventable birth injuries like brachial plexus palsy or fractures.
Mismanagement of Labor-Inducing Medications
Labor is sometimes augmented or induced with the use of medications such as Pitocin or Cytotec. While these drugs can help progress labor, improper administration or dosage poses significant risks for the baby. Overuse of induction medications can cause too many contractions (called uterine tachysystole), or contractions which are too strong, too long or not enough rest in between contractions, can reduce blood flow and oxygen to the baby’s brain. If this goes on for too long, it can cause a brain injury called HIE.
Doctors and nurses are trained to carefully monitor both the mother’s and baby’s well-being when administering these medications. Negligence in this aspect, such as failing to adjust or discontinue the drug when complications arise, can lead to devastating consequences.
Errors in Fetal Monitoring
Fetal monitoring allows healthcare professionals to assess a baby’s heart rate and well-being during labor and delivery and tell whether a baby is getting enough oxygen. Signs of distress, such as abnormal heart rate patterns, should prompt immediate action to avoid preventable injuries. However, negligent errors in monitoring—like failing to recognize or act on signs of oxygen deprivation—can result in dire outcomes.
For example, if the baby shows signs of fetal distress indicative of oxygen deprivation, healthcare providers should move quickly to perform an emergency delivery, often a C-section. Delays in this process can transform a treatable situation into a lifelong challenge for the child and family.
Infection
Certain infections contracted during pregnancy, labor, or delivery can result in severe birth injuries if not properly identified and treated. For example:
- Maternal infections such as Group B Strep, herpes, or chorioamnionitis can spread to the baby.
- Neonatal infections can cause conditions like meningitis or sepsis, leading to brain damage or other complications.
It is the duty of medical professionals to screen for and treat infections promptly. Failing to follow basic infection prevention protocols can create unnecessary dangers for the baby.
Premature Birth
Preterm babies (born before 37 weeks) are more fragile than full-term infants. Their underdeveloped organs, including the brain and lungs, put them at higher risk of injuries. Babies in the Neonatal Intensive Care Unit (NICU) require particularly careful management.
Examples of negligent practices that harm premature babies include:
- Improper use of breathing machines, which can lead to conditions like periventricular leukomalacia (PVL), where the brain’s white matter is damaged.
- Failure to treat jaundice properly, which can result in a preventable form of brain damage called kernicterus.
- Failure to give medicine to mature babies lungs and help with brain protection.
NICU staff and pediatric specialists are specifically trained to reduce these risks, but negligence or errors in care can have lasting consequences for the child.
Improper Prenatal Care
Medical care during pregnancy plays a crucial role in ensuring a baby’s health. Doctors should perform regular ultrasounds, screenings, and tests to monitor fetal growth and detect any complications. Negligence during this stage may include:
- Failing to recognize and address risks such as gestational diabetes, preeclampsia, hypertension or placental issues.
- Ignoring warning signs of complications such as intrauterine growth restriction (IUGR), where the baby isn’t growing at a healthy rate.
Proper prenatal care minimizes risks and ensures doctors take the necessary steps to prepare for challenges during delivery.
Neglecting Obstetric Emergencies
Childbirth can progress unpredictably, transforming a straightforward delivery into an emergency requiring split-second decisions. Medical teams must be prepared to handle emergencies such as uterine rupture, umbilical cord prolapse, or excessive maternal bleeding.
Neglect during emergencies often involves a lack of coordination among staff or delays in necessary interventions, such as performing an emergency C-section. The failure to act quickly during these critical moments demonstrates a breach of the medical team’s duty to protect the mother and child.
Errors in Neonatal Resuscitation
Some babies need immediate medical attention after delivery to breathe properly or stabilize heart function. A baby’s preliminary APGAR scores can indicate how urgently the baby needs resuscitation.
Neonatal resuscitation is a precise process, and errors like improper oxygen management or mishandling the baby’s airway can result in harm. These mistakes are particularly serious for babies facing pre-existing challenges, such as injuries sustained during delivery.
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Dealing with a birth injury diagnosis can be difficult, but our attorneys can help. The ABC Law Centers: Birth Injury Lawyers team focuses exclusively on birth injury and are dedicated to earning justice for families like yours.
Why Pursuing Compensation Matters
If your baby has suffered a birth injury due to medical negligence, you may be eligible to pursue financial compensation. While no amount of money can erase the pain or change what happened, pursuing a legal claim can provide significant support for your child’s future. Birth injuries often lead to long-term needs such as surgeries, specialized therapies, assistive devices, and ongoing medical care. The associated costs can quickly become overwhelming for any family.
Seeking compensation is not about assigning blame for the sake of retribution—it’s about ensuring that your child has the resources to live their best possible life. A successful claim can help cover medical expenses, educational resources, home modifications, and other forms of essential care to improve your child’s quality of life. Furthermore, compensation can relieve the financial burden on your family, giving you the mental and emotional space to focus on what matters most—your child’s well-being.
Although this process can feel daunting, remember that you are not alone. Compassionate, knowledgeable legal professionals can help guide you through it, with the ultimate goal of securing a better future for your family and your child.
Understanding the Legal Process for a Birth Injury Claim
If you decide to pursue compensation through a birth injury claim, the process begins with a free consultation with a lawyer. Here’s what you can expect:
- Case Evaluation: Your legal team will listen to your story and review medical records. This helps determine whether medical negligence likely caused your child’s injury.
- Gathering Evidence: Attorneys will work with medical experts to analyze your child’s injury and its causes. Evidence includes medical records, testimony from specialists, and life care plans for your child’s future needs.
- Filing the Lawsuit: We will file the lawsuit against the responsible medical professional, hospital, or facility. The legal process begins.
- Negotiation: Many cases are resolved through settlement discussions. Your attorneys will negotiate to reach an agreement that you are satisfied with without going to trial.
- Going to Trial (If Necessary): If a settlement cannot be reached, your case may go to court. Your legal team will advocate for your family, presenting evidence to secure a favorable outcome.
Throughout this process, compassionate legal professionals support you every step of the way, handling the complexities so you can focus on your child’s care and well-being.
Moving Toward Justice and Support
If your child sustained a birth injury due to medical negligence, it’s natural to feel overwhelmed. The challenges of dealing with a legal claim may feel daunting, but it is important to remember this process isn’t about placing blame—it’s about securing the resources your child needs to thrive. Birth injuries often require specialized treatments, therapies, and lifelong support that can place a heavy financial burden on families. Legal claims help ensure the responsible party contributes to a solution.
Remember, filing a medical malpractice or birth injury claim can:
- Cover medical expenses, including surgeries, therapies, and assistive devices.
- Provide for long-term care needs.
- Give families additional peace of mind, knowing they can focus on their child’s well-being instead of financial strain.
At ABC Law Centers, we are devoted to supporting families like yours. Our experienced attorneys and in-house medical experts work tirelessly to uncover the truth behind your baby’s injury and secure the compensation necessary to build a stable, hopeful future. We understand the pain you’re going through and are here to guide you with compassion and resolve.
If you suspect medical negligence contributed to your child’s birth injury, we encourage you to reach out to us at (248) 593-5100 or through our online form for a free and confidential consultation. Let us help you obtain justice and ensure your child has the care and support they deserve.