No words can adequately describe the gravity of any situation in which a newborn has suffered a birth injury.
Although modern medicine means that many of these incidents are no longer fatal, they’re still devastating to parents and children alike. If any such injury stemmed from medical errors or other forms of malpractice, families have a right to seek justice in any way they can,
1 in 142
A birth injury occurs 1 in 142 times for babies born in the United States. These injuries can involve severe conditions that createlifelong complications and highly specialized medical needs.
With these conditions, families often struggle with the costs of physical therapy, specialized schooling, and other targeted care. Nationwide, hospitalization for birth defects costs over $22.2 billion annually, according to the CDC.
Parents should consider seeking birth injury attorneys in FL and investigating the legal process if the child’s condition has severely hampered a child’s normal life.
Most Common Birth Injuries
The most common birth injuries in the U.S. that relate to malpractice or negligence include:
Brain injury from lack of oxygen
Hypoxia occurs when the baby's brain is not getting enough oxygen. A tangled umbilical cord, infection, or damage to the placenta can cause this condition . Doctors learn to detect hypoxia early and to act to eliminate the risk of the mother or child facing harm. If a doctor fails to notice a hypoxic event and take quick action to avoid injury, then the delivery team may have committed malpractice.
Fetal distress injuries
If a baby is in fetal distress, the delivery team will often begin an emergency C-section. This condition occurs when the baby's heart rate slows. This can happen due to a sudden drop in a mother’s blood pressure or bleeding from placental abruption. If a baby is in fetal distress, the delivery team will often begin an emergency C-section
Doctors may also order an emergency C-section for uterine ruptures, cord prolapses, slowed labor, or placenta previa. If the delivery team fails to notice that the mother needs a C-section, they may be liable for malpractice.
Brain injury from direct trauma to the head
Another type of brain injury at birth is caused by trauma to the head that
Trauma to the head of a newborn can result in bleeding inside the brain or direct injury to brain tissue. Forceps and/or vacuums used to ease the birthing process may cause such trauma.
Failure to use a vacuum properly
When a mother has difficulties delivering a baby, a vacuum may be necessary. These devices attach to a baby’s shoulder or skull and assist their path through the birth canal.
Doctors and nurses are responsible for placing the vacuum on the baby in a way that does not needlessly endanger the baby. When the vacuum is used incorrectly , severe injuries to the mother and newborn can occur.
Failure to use forceps properly
When used the right way, forceps can reduce the baby's risk of oxygen deprivation and distress – without the need for a vacuum. Oxygen deprivation and distress can cause cerebral palsy and other birth injuries.
IThe process requires extreme care because forceps can cause nerve damage in the baby's neck or chest. They may also injure the head.
Nerve injury to an arm or hand. The typical nerve injury is called Erb’s palsy, brachial plexus palsy, or shoulder dystocia.
Further potential failures of the delivery team can include:
Failing to respond to distress as seen by the baby’s heartbeat on a fetal monitor.
Encouraging a mother to try a vaginal birth after Cesarean section (rather than a repeat C-section) when the hospital isn’t equipped for such a procedure – especially if the mother’s uterus ruptures during the VBAC labor.
Allowing a pregnancy to go beyond 41 weeks without proper specialty testing, or 42 weeks in any event.
Failing to act on changes in the mother’s condition during pregnancy, especially gestational diabetes (diabetes that starts in pregnancy) or pregnancy-induced hypertension (also known as pre-eclampsia).
Failing to respond to the umbilical cord being entrapped or compressed.
Misuse of the labor-inducing drug Pitocin.
Delay in ordering or performing a C-section.
Using the wrong maneuvers to deliver a baby whose shoulder has become stuck in the birth canal.
Poor resuscitation and newborn care after birth.
Failing to aggressively treat jaundice in a newborn.
Neglecting to refer high-risk patients to doctors specialized in the appropriate medical disciplines.
A Lawyer Focused on Birth Injuries Can Help.
For cases involving children who have been harmed during birth, long term care is the centerpiece. I seek to ensure each family has a lifelong advocate to fight for their child. I focus on several fronts specific to birth injury cases, including advice on:
Establishing a structured settlement with the goal of ensuring your child’s medical, educational, and financial needs are funded for life.
Ensuring the child receives appropriate speech therapy, physical therapy, and psychotherapy.
Hiring surgeons and other medical professionals to prove the case and treat the child after the initial incident of malpractice.
Providing support to caregivers.
Working with specialists to establish a special needs trust, to ensure your child’s eligibility for government benefits is not threatened by settlement.
Call me.
My firm has the expertise and tenacity necessary to take on medical professionals and organizations in the greater Sarasota area – and anywhere else in Florida.
With years of experience in medical malpractice cases, I’ve taken on misdiagnosis and injury cases of all kinds and helped my clients get the justice they deserve.
To get in touch, call my office at 941-214-7122 or learn more about the work I do.