The most serious birth injuries are those that affect a child's brain. A lack of oxygen during delivery (hypoxia), or bleeding within the skull or brain is usually what causes birth injuries and often results in irreversible brain damage. A shortage of oxygen can be caused by a number of things, including an unusual birth position, the placenta separating from the uterus wall too early, a problem with circulation in the umbilical cord, or a labor that is too long or too short. Most medical malpractice claims that stem from this cause of injury allege that doctors or medical professionals failed to anticipate, recognize or react to these dangerous scenarios. Use of excessive force, failure to properly anticipate the size of the child, and failure to order a C-section are other factors that can lead to birth injuries.

The investigation of a Birth Injury claim is complex and requires experience and expertise. It is important that you take immediate action to look into a potential medical malpractice claim as time may be running out and valuable evidence may not be available later...

If you have a loved one that has been a victim of a Birth Injury, click here for a Free Case Evaluation.

Cerebral Palsy
Cerebral palsy is a term that describes a group of disorders that affect movement control. There is not one specific cause of cerebral palsy, however, it can be caused by injury to the brain before, during, or after birth.

Erb's Palsy or Brachial Palsy
Sometimes during delivery of a large baby, the baby's shoulder has difficulty passing through the birth canal after the head has already been delivered. This results in a distension or stretching of the neck in an excessive manner which causes nerve damage. The nerves that are damaged are a cluster called the brachial plexus. These nerves run from the spine to the shoulder and control the mechanisms of movement of the hand, arm and shoulder.

When brachial nerve damage occurs because of excessive delivery forces, the result can be stretched nerves, ruptured nerves, or avulsion (where the nerves are pulled from the spinal cord). Rupture and avulsion require surgery later on to correct the nerve damage, whereas stretching of the brachial plexus can correct itself without surgery in a few years. When the lower brachial plexus is damaged during delivery, the condition is referred to as Klumpke's Palsy.
Klumpke's Palsy decreases the functionality of the wrist and the hand, whereas injuries to the upper brachial plexus (Erb's Palsy) affect the arm and the shoulder.

When malpractice occurs, it may be because the doctor negligently failed to recognize the signs indicating the presence of a large baby and/or failed to perform an ultrasound study on the fetus. Some of the signs suggestive of a large baby are an obese mother, excessive weight gain of the mother during pregnancy, a mother who delivered a previous baby that was large, or a mother with pregnancy diabetes.

Malpractice may occur when the doctor negligently fails to recognize a large baby and timely perform a C-section, or the doctor fails to use the proper delivery techniques such as applying supra-pubic pressure or the McRoberts maneuver.

Birth Injuries

Klumpke's Palsy
Klumpke'sPalsy is a type of Brachial Plexus injury of a child's lower brachial plexus, affecting the muscles of the forearm and hand. Klumpke's Palsy is characterized by a lack of movement in a child's wrist or hand.

Horner's Syndrome
Horner's Syndrome is a type of Brachial Plexus injury that affects the facial nerves. Horner's Syndrome is a rare condition that results in ptosis of the eyelid and pupil dilation. Symptoms associated with Horner's Syndrome are constricted pupils, elevation of the eyelid, retraction of the eyeball into the head, slight drooping of the eyelid, and increased pink color and warmth of the ear and nose.

Complete Palsy
Complete Palsy is an injury to the entire Brachial Plexus. All the nerves of the Brachial Plexus are damaged to some extent.

Shoulder Dystocia
Shoulder dystocia results from a difficulty during birth in which the shoulders will not pass through the mother's pelvis. Complicated maneuvers must be performed, often resulting in injury, or shoulder dystocia. Some types of shoulder dystocia injuries are fractures of the clavicle or humerus, nerve injuries, asphyxia and death. Brachial plexus injuries may result from shoulder dystocia and is one of the most common groupings of birth injuries.

Other Birth Injuries
Other types of birth injuries include:
• Fractures- fractures of the clavicle or collarbone are most common
Intracranial hemorrhage- bleeding in the baby's head
• Spinal cord trauma
• Cephalohematoma- an area of bleeding beneath the scalp, can lead to jaundice
• Cranial nerve trauma
• Caput succedaneum- swelling, bleeding, bruising, or discoloration of the scalp
• Depressed skull fractures
• Bruising/forceps marks
• Facial paralysis
• Temporary body paralysis
• Group B strep infections- a life threatening bacterium
• Spasticity- a condition in which certain muscles are continuously contracted
 

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