Birth Trauma

A birth trauma is a tragic event under any circumstances. However, when that injury results from doctor or hospital error, parents’ feelings of grief and outrage can be greatly compounded. Families may also find themselves coping with costly, unplanned medical expenses and the care of a profoundly disabled infant. Birth trauma that results from doctor or hospital negligence during pregnancy, labor, or delivery can cause lifelong disability.

More About Birth Trauma

Birth trauma is a broad term referring to a number of serious infant injuries that can happen before, during, or just after birth. They typically involve some form of nerve damage or damage to the brain from lack of oxygen. Many times, they are preventable. Some of the most serious birth injuries that can result from medical negligence include cerebral palsy, Erb’s palsy, and brain injury. In many instances, birth trauma results when the flow of blood, and therefore oxygen, is restricted during or just before birth. In this situation, it is critical that the physician and attending staff act immediately to prevent serious damage. If the doctor fails to respond appropriately, if proper support staff is not on hand to assist, or if needed equipment is not made available, then the doctor, as well as the hospital, may be liable for medical malpractice.

Types of Birth Trauma Cases

Some common types of birth trauma cases include:

• Cerebral Palsy

In cerebral palsy, the cerebrum in the brain is damaged, causing difficulty controlling muscle movement. This brain injury can occur while the fetus is developing in the womb, during birth, or in the first few months or years following birth. Patients with cerebral palsy find it hard to control their muscle movements and may suffer from seizures; speech, vision, or hearing impairment; and learning disabilities or mental retardation.

While not always the result of medical malpractice, doctor error is a significant contributing cause of cerebral palsy cases. Cerebral palsy can be caused by a number of conditions, including infection during pregnancy, untreated jaundice, blood Rh incompatibility, unchecked bleeding in the fetus’ brain, and oxygen shortage during birth. If a doctor fails to recognize problems arising during pregnancy or labor or respond appropriately, that individual may be guilty of medical negligence.

• Erb’s Palsy (Brachial Plexus Palsy)

Erb’s palsy, also known as brachial plexus palsy, is a largely preventable birth injury. It is caused by excessive pulling on the brachial plexus, the network of nerves that start in the neck and travel down the arm, and is frequently the result of medical negligence during birth. When, for example, the baby’s shoulder gets pinned behind the mother’s pelvic bone during birth, excessive pulling or force can cause nerves in the brachial plexus to stretch or tear. Doctors and medical staff must recognize this situation immediately and act to prevent serious nerve damage. Often, a cesarean section is indicated. Brachial plexus injury impairs arm and hand movement and can require ongoing physical therapy and sometimes surgery to correct.

• Spina Bifida

The most common permanently disabling birth defect, spina bifida occurs if the spine does not properly close during the first four weeks of pregnancy. In some cases, the spinal cord is actually outside the body and blanketed in only a thin membrane or skin. Surgeons typically try to close the back within the first 24 hours of birth. Waiting longer may cause more spinal cord injury, resulting in unnecessary, severely disabling effects. Surgeons who fail to perform timely, safe surgery may be held liable for your child’s spina bifida complications.

• Death of Child or Infant

Fetal distress, or hypoxia, occurs when the infant does not receive adequate oxygen during childbirth. Oxygen deprivation can cause a myriad of physiological problems, and even result in significant brain damage or death. Two common signs of fetal distress are the slowing of the fetus’s heart rate and the passing of the meconium stool. The infant may sustain brain and physiological injuries.

Whether you are choosing a doctor to deliver a baby or perform cosmetic surgery such as breast enlargement, liposuction surgery or rhinoplasty, it is important to research your physician to make sure they are qualified. By doing so, it can help reduce the risk of something going wrong.

Birth Trauma Lawyer

If your child has suffered personal injury because of doctor or hospital error, you may be entitled to  financial compensation. To learn more about your legal rights it’s important to contact an experienced birth trauma lawyer.