Sometimes the unexpected happens during a child’s birth. When birth injuries occur, parents struggle to figure out what happened with their baby or, even worse, grieve the loss of a child due to a potential birth injury by a medical provider.
Unfortunately, birth injuries can occur due to various mistakes by hospital staff, including doctors, anesthesiologists, nurses, and OB-GYNs, leading to permanent child injuries. When a baby suffers from a birth injury, it can be challenging to determine who is at fault.
If your baby suffered from a birth injury and you believe the doctor or another medical professional is to blame, consult an experienced medical malpractice attorney to help determine if you are entitled to compensation. Below we will discuss some of the most common medical mistakes that cause birth injuries and could result in a malpractice lawsuit.
Common Medical Mistakes That Can Lead To Birth Injuries
Various issues can lead to birth injuries, and while some that occur are beyond anyone’s control, others happen due to errors made by nurses, doctors, or other medical professionals. Understanding the differences between a congenital disability vs. a birth injury is essential.
Some common medical mistakes happen before, during, or even shortly after birth that can result in a birth injury. Regardless of when the medical error occurred, the resulting birth injury can leave a child permanently disabled and sometimes results in death.
These are some of the most common medical mistakes that happen before, during, and shortly after birth that can lead to birth injuries, including the following:
- Undiagnosed preeclampsia (high blood pressure) or eclampsia
- If the mother has an infection of some type that goes undiagnosed or untreated
- Obesity and diabetes
- A failure to recognize or notice fetal distress
- Too long of a delay in delivery
- Failing to notice that the baby is breech which is when they are positioned bottom or feet first
- Using excessive force on babies as they are moving through and exiting the birth canal
- Using vacuum extraction or forceps improperly
- Delayed or botched medically necessary cesarean section and instead allowing an ill-advised vaginal birth
- Slow or inappropriate response during an emergency
- Failing to diagnose or treat newborn jaundice
- Failing to control blood loss or identify hemorrhaging
- Failing to monitor the baby’s vital signs and oxygen levels
- Failing to test the baby and mother for blood type incompatibility
These errors can cause significant injury to the baby and mother and sometimes lead to permanent brain damage in the child or even death. Therefore, doctors, nurses, and other medical professionals monitor the mother and child before, during, and after birth to watch for signs of complications. Failing to do so can result in a birth injury and a birth-related medical malpractice suit.
While other medical mistakes can result in a birth injury, these are some of the most common. If you believe your child was injured due to a medical error, contact an attorney familiar with birth injury medical malpractice lawsuits for help.
Types of Birth Injuries Due to Medical Mistakes
When a medical error occurs before, during, or shortly after birth, it can lead to a birth injury. Here are some common types of birth injuries that can occur due to medical malpractice.
Brain Damage
Brain damage occurs when the brain doesn’t receive enough oxygen. A total lack of oxygen to the brain is called an anoxic brain injury, and a hypoxia brain injury occurs when there is a reduction of oxygen.
When a doctor doesn’t properly monitor the baby’s oxygen, it can result in brain damage. Most babies will recover from mild brain damage. However, the more severely affected children may develop serious medical conditions that will impact them for life.
Cerebral Palsy
Cerebral palsy is one of the most common childhood motor disabilities that is a neurological disorder that impacts the individual’s balance, movement, and posture. The symptoms of each individual may differ, and most people with cerebral palsy experience other conditions such as seizures, intellectual disabilities, and hearing problems. Some medical mistakes that can cause CP are if a doctor misuses forceps, fails to treat an infection in the mother, or waits too long to respond if the baby is in distress.
Erb’s Palsy
Erb’s palsy is when the nerves leading to the hands and feet are injured because a doctor struggles with the baby’s shoulder (shoulder dystocia) during delivery. While some babies may heal, others may have permanent nerve damage.
Hypoxic-ischemic Encephalopathy
Hypoxic-ischemic encephalopathy (HIE) results from a baby’s brain not receiving enough oxygen or blood flow and is a type of brain dysfunction. Generally, the amount of brain damage will depend on how long the baby’s brain goes without oxygen.
HIE may also cause damage to other parts of the body, including the heart, liver, and other vital organs. It affects everyone differently, and some children may end up with cerebral palsy and experience permanent, severe disabilities and further developmental delays, while some will have no health problems.
While various reasons can cause HIE, including drug or alcohol abuse, it can also be related to medical mistakes. For example, if a doctor or medical professional fails to treat a maternal infection, prevent prolonged labor, or monitor fetal distress, it can cause hypoxic-ischemic encephalopathy.
If You Believe Your Child Has a Birth Injury, the Law Offices of Steve Newman is Here to Help You
Should you find yourself in the overwhelming and emotional circumstances of having a baby who is a victim of a birth injury due to a medical mistake by a doctor, nurse, or another medical professional, the Law Offices of Steve Newman are here to help you.
Attorney Steve Newman is licensed to practice law and state and federal courts in New Jersey in New York and has represented clients in all 50 states. Attorney Steve Newman practices law in the areas of medical malpractice, personal injury, construction, litigation, and more and has the experience to help you with your case. He utilizes an extensive network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for an attorney dedicated to helping you and protecting your rights.
