The birth of a child should be a joyous occasion. But when medical professionals fail to provide an adequate standard of care, that joy can turn into a lifetime of challenges. While cerebral palsy is one of the most widely known consequences of a birth-related medical error, it is far from the only one. Many other devastating and preventable birth injuries can alter a child’s future and place an immense emotional and financial burden on their family.
If your child suffered harm during labor or delivery, you deserve answers. At CP Family Help, we are dedicated to helping families affected by all types of birth injuries. We believe that when negligence causes harm, responsible parties must be held accountable. This article will explore four other serious birth injuries that may entitle your family to significant financial compensation.
What Constitutes Medical Negligence in Birth Injury Cases?
Not every birth injury is the result of malpractice. However, a large number of them are preventable. Medical negligence occurs when a doctor, nurse, hospital, or another healthcare provider fails to meet the accepted “standard of care.” This standard refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background, would have provided under the same circumstances.
Examples of negligence that can lead to catastrophic birth injuries include:
- Failing to monitor and respond to signs of fetal distress.
- Delaying a necessary Cesarean section (C-section).
- Improperly using delivery tools like forceps or a vacuum extractor.
- Failing to manage complications like shoulder dystocia or an umbilical cord prolapse.
- Administering the wrong dose or type of medication to the mother or baby.
Proving that an injury was caused by a deviation from this standard of care is the key to a successful birth injury lawsuit.
4 Birth Injuries That Warrant Compensation
If your child was diagnosed with one of the following conditions, it is crucial to investigate whether medical negligence was the cause. An experienced lawyer can help you secure the compensation needed for your child’s lifelong care.
1. Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage caused by a dangerous lack of oxygen and blood flow to the brain around the time of birth. When brain cells are deprived of oxygen, they begin to die, leading to permanent injury. HIE is a medical emergency, and its severity can range from mild to severe.
Causes Linked to Negligence: HIE is often a preventable birth injury. It can be caused by a medical team’s failure to address complications such as:
- Placental abruption or uterine rupture.
- Umbilical cord problems (prolapse, nuchal cord).
- Prolonged and difficult labor without intervention.
- Failure to detect and respond to non-reassuring fetal heart rate patterns.
Long-Term Consequences: Children who survive HIE often face lifelong challenges, including cerebral palsy, epilepsy, developmental delays, and cognitive disabilities. A lawyer can help secure a settlement to cover the extensive costs of therapies, medical treatments, and assistive technology.
2. Brachial Plexus Injuries (Erb’s Palsy & Klumpke’s Palsy)
The brachial plexus is a complex network of nerves that runs from the spinal cord in the neck down into the arm. These nerves control all movement and sensation in the shoulder, arm, wrist, and hand. During a difficult delivery, if a baby’s head and neck are pulled or twisted excessively, these nerves can be stretched or torn.
Causes Linked to Negligence: This type of injury is most common in cases of shoulder dystocia, where the baby’s shoulder gets stuck behind the mother’s pelvic bone. A doctor’s failure to use proper, gentle maneuvers to free the shoulder can lead to a devastating brachial plexus injury. Improper use of forceps or a vacuum extractor can also be a cause.
Long-Term Consequences: Damage to the upper part of the brachial plexus results in Erb’s palsy, characterized by weakness or paralysis in the shoulder and arm. Damage to the lower nerves causes Klumpke’s palsy, affecting the hand and wrist. While some injuries heal, many are permanent, requiring surgery and extensive physical therapy and potentially limiting a child’s future career options.
3. Perinatal Asphyxia
Perinatal asphyxia is a broader term that describes oxygen deprivation to a newborn before, during, or just after birth, leading to physical harm. While it is the direct cause of HIE, asphyxia can also damage other vital organs, including the lungs, heart, kidneys, and liver. The lack of oxygen causes a buildup of acid in the body, which can be toxic to these organ systems.
Causes Linked to Negligence: Similar to HIE, perinatal asphyxia is often caused by a failure to respond to clear signs of fetal distress. Any delay in delivering a baby who is being deprived of oxygen can worsen the outcome and is a clear breach of the standard of care.
Long-Term Consequences: The impact depends on the duration of oxygen deprivation and which organs were affected. The child may face respiratory issues, heart problems, or kidney failure in addition to potential brain damage. A lawsuit can provide the financial security to manage these complex medical needs.
4. Spinal Cord Injuries
While rare, spinal cord damage is one of the most catastrophic birth injuries. It can occur when excessive force, traction, or rotation is applied to the baby’s body during delivery, especially during a breech birth or a difficult forceps delivery. This can cause bruising, tearing, or even a complete severing of the spinal cord.
Causes Linked to Negligence: These injuries are almost always preventable and are a direct result of improper delivery techniques. A doctor hyperextending the baby’s neck or applying too much force to the torso or head can cause irreversible damage.
Long-Term Consequences: A spinal cord injury can result in partial or complete paralysis below the site of the injury, loss of sensation, and loss of bowel and bladder control. The child will require a lifetime of intensive medical care, mobility aids like wheelchairs, and significant home modifications. The financial burden is astronomical, making legal action essential for the family’s stability.
Frequently Asked Questions About Birth Injury Claims
How much does it cost to hire a lawyer for my child’s case?
There should be no upfront cost to you. Reputable birth injury law firms like CP Family Help operate on a contingency fee basis. This means we cover all the costs of investigating and pursuing your case. We only receive a fee if we successfully recover financial compensation for you through a settlement or a court verdict. If we don’t win, you don’t pay.
How long do I have to file a lawsuit for my child’s birth injury?
Every state has a strict legal deadline for filing a lawsuit, known as the statute of limitations. For birth injuries, this deadline can be complex. In many states, the clock doesn’t start until the parent discovers or reasonably should have discovered the injury and its potential cause. However, these time limits can be short. It is critical to speak with an attorney as soon as you suspect something is wrong to ensure you protect your legal rights.
Will we have to go to court if we file a lawsuit?
Not necessarily. In fact, the vast majority of medical malpractice and birth injury cases are resolved before ever reaching a courtroom. Attorneys on both sides often negotiate a fair settlement that avoids the time, expense, and emotional stress of a trial. However, our lawyers prepare every case as if it will go to trial. If the hospital’s insurance company is unwilling to offer a fair settlement, we are fully prepared to fight for your child’s rights in front of a judge and jury.
Why Choose CP Family Help?
If you suspect your child’s condition was caused by a medical error, you need a team that will fight for your family’s future. At CP Family Help, we focus on the complex field of birth injury law. We understand the medicine and the legal strategies required to win these difficult cases.
We understand that no amount of money can ever erase the trauma of a birth injury. However, a successful lawsuit can provide the financial resources your family needs to give your child the best possible quality of life. It also holds negligent medical professionals accountable and can help prevent similar tragedies from happening to other families.
Our team is ready to listen to your story. Contact us today for a free and confidential case evaluation to discuss your situation and learn how we can help.
