Birth Injuries Lawyers

Common Causes of Newborn Baby Birth Injuries

Take it from a skilled birth injury lawyer, seeking legal action against the medical professionals you suspect are responsible for your baby’s injury is your right. Given the tremendous costs of birth injuries, you will need the money to handle the expenses associated with caring for your child.

Many parents also choose to pursue legal action on principle. After all, someone should be held accountable for causing your newborn baby so much pain and leaving them with health problems that may last a lifetime.To have a valid legal claim, you must prove negligence on the part of the physicians, nurses, and other personnel involved with the birth. Here are some of the most common causes of birth injuries:

FAILURE TO DETECT HYPOXIA
A tangled umbilical cord, infection, or damage to the placenta may deprive the newborn of oxygen, which is called hypoxia. Medical professionals must quickly recognize the signs that such a thing has occurred and taken quick action before the baby sustains a severe injury.

FAILURE TO PERFORM PROPER TESTS
Your doctor has a duty to ensure that you have a healthy pregnancy and that you can deliver the baby safely. If you do your part by attending scheduled check-ups, they must do their part by conducting specific tests. These tests can determine whether there are complications that may endanger the life and health of your unborn child. If a doctor has failed in this area, it’s time to call a trusted birth injury lawyer.

FAILURE TO CORRECTLY USE LABOR INDUCING DRUGS
Experienced birth injury attorneys know that regulatory authorities should approve any drugs used to induce birth. Your physician should never put you and your child at risk by using experimental or off-label medications for this purpose.

INCORRECT USE OF FORCEPS
Medical personnel are required to be thoroughly trained in the use of forceps. A knowledgeable birth injury attorney can prove that improper use of these devices led to hypoxia, fetal distress, and other such traumas and injuries.

DELAYING A C-SECTION
If you’re having extreme difficulty giving birth, your doctor should recognize this and take decisive action. You may require a Cesarean section. Any delay in carrying out this procedure can put both you and your child in danger. A skilled birth injury lawyer can advocate for your child if a delayed C-section resulted in injury or damage.

Common Types of Newborn Baby Birth Injury

The carelessness and negligence of medical personnel can impact the health and well-being of your child. The consequences of their actions may be short-term, or in the most extreme cases, may persist for life. Our personal injury law firm has seen just how severe these impacts can be – for both the injured child and their family.

Here are some of the most common injuries sustained during birth:

BRAIN INJURIES
The harm done to the brain is the most severe kind of injury. If your baby is deprived of oxygen during birth, he or she could suffer from what is called hypoxic-ischemic encephalopathy or HIE. If your baby is deprived of oxygen for too long, it can lead to the impairment of multiple brain functions. Your baby may also suffer from a hemorrhage – blood vessels leaking into the brain – and seizures.

Other birth brain injuries include jaundice and the development of the disease into kernicterus, which can lead to strep infection and meningitis. The leading birth brain injury is Cerebral Palsy (CP). It affects nearly 800,000 children, and can develop as a result of infections, oxygen deprivation, and infant stroke.

NERVE INJURIES
These types of injuries can occur during or before delivery. Nerve injuries include facial nerve damage, which is evident when a newborn cries and their face appears lopsided.

BRACHIAL PLEXUS OR LIMB WEAKNESS
The brachial plexus is a nerve network in the shoulder that transports sensory and movement signals from the spinal cord to the arms and hands. Damage can cause pain, numbness, or weakness in the arms and hands.

The brachial plexus is vulnerable during delivery, with larger babies facing an increased risk for injuries. Babies in a breech position or babies whose labor lasts a very long time are also at risk for brachial plexus injury.

PHRENIC NERVE DAMAGE
Because the phrenic nerve controls the diaphragm and regulates the breathing process, damage to it can be devastating. Difficulty breathing is a common symptom, as are issues with hiccups. The most serious potential impact, however, is diaphragm paralysis – a condition that prevents a baby from breathing on their own.

PARALYSIS
While birth injuries seldom result in paralysis, it is possible. Paralysis occurs when the body’s connection to the brain is damaged. There are several types of paralysis, such as complete, partial, generalized and localized. Depending on the type, paralysis may impact the following: breathing, blood flow, organ function, ability to speak/swallow, and more.

INJURIES TO BONE, SKIN AND SOFT TISSUES
Bones can be fractured during delivery. Collarbone fractures are common, and many times the injury is not recognized until a few days after the birth. Fractures of the upper arm will cause pain to your baby, and your physician will need to apply a loose splint to limit movement.

The improper use of forceps can cause injury to the skin. Swelling and bruising are normal if a breech delivery is required. However, the medical professionals involved in the delivery should be qualified to carry out these procedures without doing harm to the baby. THose lacking sufficient training can leave permanent marks and injuries on your baby, some of which may cause severe pain.

Has your newborn baby suffered any of the injuries listed above? Contact one of the birth injuries lawyers at our trusted personal injury law firm today.

How Do I Know If My Newborn Baby Was Injured Due to Medical Malpractice?

In the beginning, you may only suspect that something isn’t quite right. A baby can’t articulate the location or intensity of their pain, of course, but if they show constant irritation, then a thorough examination is needed. If the results show that your baby has a severe health condition, then we recommend an independent investigation.

Do not count on the admission of fault by anyone from the medical team that delivered your baby. Before you are discharged, make sure you have copies of all the medical documents related to the birth as well as the subsequent examinations of your baby.

STEP #1 HIRE AN EXPERIENCED MEDICAL MALPRACTICE LAWYER
To find out what happened, you will need to hire a birth injury lawyer. Such lawyers have experience handling cases like yours. They understand the challenges involved in getting to the bottom of what happened to your baby. The lawyer you hire will review the documents you obtained and ask you to recall the events surrounding the birth of your child. They will also inquire about any subsequent conversations you had with your medical team.

STEP #2 THE INVESTIGATION BEGINS
Your birth injury lawyer will then launch their investigation into the medical team. They will employ skilled in-house professionals to do this. The professional history of each person on the team will be reviewed and scrutinized. The procedures and policies of the hospital in which you delivered will also be analyzed and assessed.

Your attorney will also interview each member of the team. All the documents related to your pregnancy and the birth of your child will be subpoenaed by your lawyer and reviewed by medical experts.

STEP #3 VERIFYING IF A MISTAKE OR NEGLIGENCE WAS AT FAULT
If your physician or a member of their medical team made an error or acted negligently or carelessly, your lawyer will find out about it. You will then have grounds for taking legal action against them.

Your medical malpractice lawyer will verify if the medical team that delivered your baby was clearly in the wrong. Your attorney will also verify if their malpractice led to the injury of your newborn. If yes, your medical malpractice lawyer will gather the evidence necessary to compel them to settle.

STEP #4 SETTLE CLAIM OR TAKE IT TO COURT
If the medical professional and their institution are unwilling to settle the case, then we will go to court. A trial will begin and your trusted medical malpractice lawyer will offer the legal advice and legal representation needed to manage your accident lawsuit.

If your child has been injured due to medical malpractice, our personal injury law firm can help! We can’t let this injustice go unnoticed. It’s time for action – and to hold the appropriate parties accountable for your newborn baby’s injuries. Contact our birth injury attorneys at 844-GET-MIKE to review your case today.

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The Mike Hostilo Law Firm can manage your medical malpractice claim for a birth injury, as well as a wide variety of other cases – including car crashes (internal link), trucking accidents (internal link), motorcycle accidents (internal link), Workers’ Comp (internal link) and other accident lawsuits (practice areas page internal link). We are here to help!

Our personal injury law firm proudly serves accident victims throughout Georgia, Alabama and South Carolina. We offer trusted legal advice and legal representation for your accident lawsuit.

So, if you’re searching for a trusted personal injury law firm near me to fight for your legal claim, contact The Mike Hostilo Law Firm today!

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Birth Injury FAQs

What is a birth injury?
Also known as birth trauma, these injuries occur before, during, or after labor – to the mother or the baby. In mothers, birth injuries include injury to the perineal area (tears, nerve damage, hemorrhoids) or the pelvic floor (muscle damage or pelvic organ prolapse). Emotional or psychological trauma may accompany physical injuries. In babies, birth injuries occur as the result of the birthing process.

How much does a birth injuries lawyer cost? 
Here at the Mike Hostilo Law Firm, our birth injury lawyers work on a contingency basis. That means you only pay when we win your case. To find out if you have a valid birth injury case, schedule a free case evaluation today.

Will a birth injury lawyer have to take my birth defect case to court? 
The vast majority of birth injury cases settle outside of court, but if a trial is required to get you the compensation you deserve, our experienced attorneys are ready to fight for you. Our birth injury lawyers will build the strongest case possible to ensure you recover the damages you are entitled to. We will handle each step from start to finish, providing trusted legal advice along the way. If you or your child suffered a birth injury, our personal injury law firm is here to help.

How long does it take to settle a birth injury case? 
It depends. Because our birth injury lawyers take a personalized approach to each case, there is no way to know exactly how long yours will take to settle. Rest assured that our team will get to work immediately, gathering evidence and communicating with the insurance company. If all the parties involved agree to mediation and a fair settlement is reached, the process will go more quickly than if we must take your birth injury case to court.

How do birth injuries happen?
The birthing process can be traumatic for both mother and newborn, with physical pressure required to move the baby through the birth canal. In fact, many newborns suffer minor birth injuries during labor. The risk for birth injuries increases for the following scenarios:

• Large babies
  Newborns that weigh over 8 pounds, 13 ounces may face a higher risk for birth injury.

• Premature babies
  Because their bodies are smaller and less developed, babies born before 37 weeks are more easily injured.

• Cephalopelvic disproportion
  In some cases, the size and shape of the mother's pelvis is not conducive for a safe vaginal birth.

• Dystocia
  This term refers to exceptionally difficult labor.

• Prolonged labor
  If a mother is in labor for a long time, the risk of birth injury rises.

• Abnormal birthing position
  Delivering babies who are breech or not in the proper position is often riskier.

• Maternal obesity
  Birth injuries are more likely among women who are obese.

What is the most common birth injury?
Head injuries are the most common injuries that babies suffer during birth.

What types of head injury can result in birth injury?
The following head injuries may occur during birth:

Head molding
This refers to the head’s natural change in shape that results from pressure during delivery. In most cases, the baby’s head is the first part to enter the birth canal. Because its skull bones are not yet rigidly fixed, the head elongates to pass more easily through the birth canal. Rest assured that molding is normal and does not impact the brain. In the days that follow delivery, the baby’s head will become more rounded.

Swelling and bruising of the scalp 
This is common as well, and should naturally resolve in a few days – no treatment required. 

Scalp scratches 
Scalp scratches may occur if medical instruments (such as monitor leads or forceps) are used during delivery.

Cephalohematoma 
Areas of blood accumulation below the periosteum may grow in size after birth, but often disappear on their own in the weeks and months that follow. While treatment is very rarely required, it is best to have your newborn evaluated by the pediatrician if the cephalohematomas redden or drain liquid. 

Subgaleal hemorrhage
This condition, often caused by the use of forceps or a vacuum extractor during birth, involves bleeding directly under the scalp. A clotting problem may also be to blame. Blood may spread, as opposed to remaining in one area like a cephalohematoma. Significant blood loss and shock may result, sometimes requiring a transfusion. 

Skull bone fracture 
Unless the skull fracture forms an indentation, known as a depressed fracture, it generally heals quickly on its own. Treatment is rarely needed, but it is wise to consult your pediatrician to be sure.

Do babies remember birth trauma?
Studies show that birth trauma impacts babies in different ways. In some cases, babies who suffered birth injuries also had feeding problems, trouble bonding, or emotional issues – according to the National Library of Medicine.

Do birth injuries cause cerebral paralysis?
Yes. According to the CDC, birth injuries that disrupt the oxygen flow can cause cerebral paralysis. These types of birth injuries may involve uterine rupture, umbilical cord issues, or placenta detachment.

How common are birth injuries? 
The rate of birth injuries has decreased in recent decades with the advance of prenatal medical care. Today, if the risk of birth injury is high, many doctors opt to perform a cesarean section. They also avoid the use of forceps, a common cause of birth injury in the past. 

How can I prevent birth injuries and birth defects? 
While not all birth injuries are preventable, proper prenatal care can help keep mothers and babies safe. Medical advancements have been made that allow many babies with birth defects to survive after birth. Plus, regular exercise throughout pregnancy can help mothers prevent birth injuries that may occur during labor.

Are all birth defects discovered before a baby is born?
High-quality ultrasounds allow doctors to diagnose many birth defects before a baby is born, but not all are detectable. A nuchal translucency scan during the first trimester and an anatomy scan during the second are recommended to increase the odds of detecting birth defects.

If one of my children is affected by a birth defect, will all of my future children have that same condition?
If the birth defect is related to a genetic mutation, future children have a higher likelihood of having it as well. Consult your doctor to learn more about the risk. Genetic testing can be performed before pregnancy to determine the risk of certain conditions. These tests can also be performed on a baby in utero to determine if they have the same mutation as your previous child. 

Are birth defects and congenital anomalies the same thing?
Yes, both these terms refer to physical abnormalities, ranging from mild to severe. Birth defects develop in the womb, and while some are identified before delivery, others do not become evident until later in the child’s life. 

How do I file a birth injury case? 
The first step is hiring a skilled birth injury lawyer who has specific experience handling cases like yours. Here at the Mike Hostilo Law Firm, our team will handle every aspect of your birth injury case – from gathering evidence and filing your claim to managing mediation and taking your case to court if necessary. Birth injury cases are often very complex, so it is best to have trusted legal representation on your side.

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