Birth Injuries and Defects

A baby’s journey into the world is a delicate one; and in an instant, a child’s life can change forever. During pregnancy and delivery, many events can contribute to a birth defect or injury.

Examples of birth injuries include:

• Cerebral palsy
• Erb’s palsy
• Hypoxia
• Anoxia
• brachial plexus injuries
• facial paralysis
• fractures due to breech delivery
• fetal distress resulting in brain injury
• shoulder dystocia
• intracranial bleeding, hemorrhaging, or nerve damage from vacuum assistance
• mental retardation, epilepsy, and autism caused by oxygen deprivation
• oxygen deprivation caused by failure to perform C-section

Cerebral Palsy
Cerebral palsy (CP) is neurological condition that affects movement and coordination of muscles. Children are born with it. However, it is not unusual for Cerebral palsy to go undetected for years.

Cerebral palsy can be the result of brain damage caused by mistakes during or after delivery such as:

• Delayed delivery
• Lack of oxygen to the brain (hypoxia)
• Umbilical cord compression
• Placenta issues
• Being stuck in the birth canal
• Lack of proper care after pre-mature birth

Erb’s Palsy / Brachial Plexus Injury
Erb’s palsy refers to paralysis or weakness of an arm caused by injury to nerves in a baby’s neck. This area of nerves in the neck is medically called the brachial plexus, and sometimes this type of injury is called a brachial plexus injury. The condition is almost always caused during birth. Erb’s palsy may be caused when a doctor pulls the baby’s head, neck, or shoulders during delivery.

Paralysis may be partial or complete and may heal on its own or require therapy or surgery.

Hypoxia / Anoxia / Asphyxia
Hypoxia refers to a situation where oxygen to a fetus’ or newborn baby’s brain is decreased. Anoxia refers to a situation where oxygen to the brain is completely cut off. Asphyxia refers to a newborn baby’s failure to breath on his or her own within a minute of birth.

Lack of oxygen can cause brain damage, seizures, coma. Doctors and deliver staff should be well aware of these potential conditions. These conditions could be the result of the medical providers to act appropriately.

Shoulder Dystocia
Shoulder Dystocia occurs when a baby’s head is delivered but the baby’s shoulder gets stuck on a pelvic bone. While accepted medical maneuvers and procedures exist to deliver a healthy baby under such circumstances, sometimes the doctor makes and error in dealing with the situation. This can lead to a brachial plexus injury and Erb’s Palsy.

What Are The Parents’ And Child’s Rights?
A birth injury not only injures a child for life, but alters the parent-child relationship, creates unique hardships on the parents, and may be the cause of life-long medical expenses.

When a baby is injured because of medical malpractice, the baby’s mother and/or father may bring claims on behalf of themselves and their baby. Both parents and child are entitled to recover for such things as the cost of past and future related medical expenses, the cost of past and future special needs training and education, and, depending on the circumstances, the loss of love and affection which might have been shared between parent and child.