Birth Trauma Lawsuit
(Cerebral Palsy, Erb’s Palsy, & Other Injuries)
Problem summary
Advances in medical education and practice have made pregnancy and birth significantly safer for mother and child, but there are still serious risks associated with childbirth and delivery, including the possibility of severe birth trauma for the infant. Birth injuries can lead to lasting complications for affected infants and may have an adverse impact on their long-term health and well-being. In some instances, birth trauma is unavoidable, which may be the case during a particularly difficult childbirth, but birth injuries can also be the result of negligence or medical malpractice. Preventable birth trauma can be caused by any number of medical mistakes occurring before, during or shortly after delivery, including improper use of delivery instruments, failure to detect infections during pregnancy, failure to detect issues with the umbilical cord, not performing a medically advisable C-section, and failure to follow normal delivery procedures, among other errors.
About Birth Trauma
Birth trauma refers to damage to the organs and tissues of a newly delivered child, often as a result of physical pressure or trauma occurring during childbirth, as well as to the adverse cognitive effects of damage affecting the brain or cranium. Unlike a birth defect, which is a genetic disability or condition already present at birth, a birth injury is a specific type of harm that occurs during birth, particularly during the delivery process, causing a disability or disorder in an otherwise healthy infant. Traditionally, the term “birth trauma” focuses primarily on mechanical damage sustained during delivery, as well as the enduring side effects of physical injuries occurring in childbirth.
An infant’s birth trauma can include minor injuries, such as bruises and lacerations, or severe, life-altering injuries that can cause permanent physical or developmental disability, such as cerebral palsy and Erb’s palsy. Whether they are small or large, birth injuries can be traumatic for infants and their families, possibly resulting in permanent physical harm and severe cognitive disability. As a result of debilitating birth injuries, parents of children born with cerebral palsy, Erb’s palsy and other types of birth trauma may be entitled to financial compensation for their losses.
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Conditions Associated with Birth Trauma: Erb’s Palsy & Cerebral Palsy
Erb’s Palsy
Erb’s Palsy is a brachial plexus injury caused by nerve damage typically occurring due to improper delivery. The brachial plexus is a network of nerve groups that travel from the spinal cord to the shoulder, arms, wrists and fingers, and that control movement and sensation in specific areas of the body. This type of injury occurs during vaginal birth, when the baby’s shoulder becomes lodged behind the mother’s pubic bone, at which point the mother’s contractions can put excessive pressure on the baby’s neck and body. Erb’s palsy can cause full or partial paralysis of the arm, or, if the delivery team fails to act quickly or appropriately, serious injury or death.
Cerebral Palsy
Cerebral palsy is a disorder of movement, posture or muscle tone caused by damage to the developing brain before, during or shortly after birth. Cerebral palsy is characterized by severe developmental delays, a lack of muscle coordination, behavioral issues, difficulty in controlling certain body movements and other debilitating symptoms. This type of birth trauma may occur due to medical negligence if, for example, the delivering doctor or medical staff fails to schedule a timely C-section, fails to supply oxygen in a timely manner to an asphyxiated infant, or fails to adequately monitor respiratory and oxygen treatments.
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Birth Trauma Resources and Studies
Birth Trauma Settlements & Litigation
On average, 29 out of every 1,000 infants in the United States suffer some kind of birth trauma during labor or delivery, and in some cases, the consequences of this type of trauma aren’t fully evident until months or even years later. Birth injury cases typically fall under medical malpractice, and in order to prove malpractice in a birth trauma incident, the following must be clear: that the doctor or medical staff owed a duty of care to your baby; that the defendant breached the required duty of care, meaning he or she made a medical mistake while caring for your baby; and that this breach of duty of care caused your baby’s birth trauma. In one birth injury lawsuit settled in 2014, the parents of a child with cerebral palsy sued a military hospital, claiming that the child’s “catastrophic brain injury,” which occurred at birth, was the result of medical negligence.
Filing a birth injury lawsuit can help affected infants and their families recover damages for past and future medical expenses, healthcare costs associated with therapy and rehabilitation, pain and suffering, emotional distress, the need for specialized medical equipment, loss of enjoyment and companionship, and lost wages due to having to provide care to an injured child. If your child has suffered a birth injury that could have been prevented had the proper medical protocol been followed, an experienced medical malpractice attorney can help.
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