What is the Most Common Birth Injury?

By Crandall & Pera Law, LLC | September 13, 2024

Giving birth is a beautifully transformative experience, but it can also come with its fair share of risks and complications. While medical professionals take every precaution to ensure a safe delivery, sometimes birth injuries can occur. These injuries can range from minor bruises or scratches to more severe conditions that can have lifelong effects on the child and their family.

As a birth injury victim or a family member, it is crucial to understand the most common birth injuries and how a Cleveland birth injury attorney can help you with the personal injury laws surrounding your case.

 

Understanding Birth Injuries

Birth injuries are physical injuries that occur to the baby during labor and delivery. These injuries can be caused by a variety of factors, including medical negligence, complications during delivery, or the improper use of medical equipment. Birth injuries can affect different parts of the baby’s body, such as the brain, nerves, muscles, or bones, and can range in severity from minor to life-altering.

The Most Common Birth Injury: Brachial Plexus Injury

One of the most common birth injuries is a brachial plexus injury. The brachial plexus is a network of nerves extending from the spinal cord in the neck to the shoulder, arm, and hand. During childbirth, if excessive traction or force is applied to the baby’s head, neck, or shoulder area, it can cause damage to the brachial plexus nerves, leading to a brachial plexus injury.

Brachial plexus injuries can result in varying degrees of nerve damage, which can manifest in different ways. The severity of the injury depends on which nerves are affected and the extent of the damage. The most common type of brachial plexus injury is called Erb’s palsy, characterized by weakness or paralysis of the affected arm.

Symptoms and Long-Term Effects of Brachial Plexus Injuries

The symptoms of a brachial plexus injury can vary depending on the severity and location of the nerve damage. Some common symptoms include:

  • Weakness or paralysis of the affected arm
  • Loss of sensation in the affected arm
  • Abnormal muscle contractions or spasms
  • Lack of muscle coordination in the affected arm

In severe cases, brachial plexus injuries can have long-term effects on a child’s development and quality of life. These effects may include:

  • Permanent impairment or disability in the affected arm
  • Limited range of motion or joint stiffness
  • Muscle atrophy (wasting) in the affected arm
  • Chronic pain or discomfort

It is important to note that brachial plexus injuries are not always immediately apparent after birth and may take some time to diagnose. If you suspect that your child has a brachial plexus injury, it is crucial to seek medical attention and consult a birth injury attorney in Cleveland as soon as possible.

Other Common Birth Injuries

Birth trauma refers to any physical injury that occurs during the birthing process, usually as a result of medical negligence or complications. It can result in short-term and long-term consequences for the child and their family.

In addition to brachial plexus injuries, some other common birth injuries include:

Cerebral Palsy

Cerebral palsy is a group of disorders that affect a person’s ability to move and maintain balance and posture. It is often caused by damage to the developing brain before, during, or shortly after birth. This condition can significantly impact a child’s physical and cognitive abilities, requiring ongoing medical care and support.

Facial Nerve Palsy

Facial nerve palsy is a condition that affects the facial muscles, causing paralysis or weakness on one side of the face. It often occurs due to pressure on the facial nerve during delivery. While most cases of facial nerve palsy resolve on their own within a few months, severe cases may require medical intervention.

Fractures and Bone Injuries

Fractures and other bone injuries can occur during the birthing process, especially if excessive force is applied to the baby. Common types of fractures include clavicle fractures (collarbone) and humerus fractures (upper arm bone). Although these injuries typically heal with medical treatment, they can cause pain and discomfort for the child and require ongoing monitoring.

Klumpke’s Palsy

Similar to Erb’s palsy, Klumpke’s palsy is also caused by damage to the brachial plexus nerves but primarily affects the lower arm and hand. The symptoms may include paralysis, muscle weakness, and a claw-like hand deformity.

Brain Damage

Birth-related brain damage can be caused by various factors, such as oxygen deprivation during labor, traumatic head injuries, or infections. The consequences of brain damage can vary, ranging from mild cognitive impairments to severe disabilities.

Understanding the legal framework surrounding birth injuries is essential for families seeking justice and compensation for their child’s injuries. While every jurisdiction may have slight variations in its laws, some common principles apply in birth injury cases.

In most cases, birth injury lawsuits fall under the umbrella of medical malpractice. Medical malpractice occurs when a healthcare professional (doctor, nurse, or midwife) fails to provide an acceptable standard of care, resulting in harm to the patient.

To establish a birth injury lawsuit, the following elements must typically be proven:

  • Duty of Care: The healthcare professional has a duty to provide care to the patient, taking into account the relevant medical standards and guidelines.
  • Breach of Duty: The healthcare professional breached their duty of care by failing to meet the accepted medical standards, either through negligence or omission.
  • Causation: The healthcare professional’s breach of duty directly caused the birth injury.
  • Damages: The birth injury resulted in physical, emotional, and financial damages to the child and their family.

Always have a birth injury attorney with medical malpractice experience assess the merits of your case and navigate the legal process effectively. They will guide you through the complexities of the legal system and fight for the compensation your child deserves.

Birth Injury Damages

Birth injuries can have devastating long-term effects on both the child and the family. The damages resulting from these injuries can vary significantly depending on the severity and type of birth injury. Understanding the potential damages involved is crucial to navigating the legal process effectively and ensuring fair compensation for the harm caused. Some common types of birth injury damage include:

Medical Expenses

When a child experiences a birth injury, extensive medical care and treatment are often necessary. These medical expenses can include hospital stays, surgeries, medications, and therapy sessions. The costs can quickly accumulate, placing a significant financial burden on the family. Seeking compensation for these medical expenses will help ensure the child receives the necessary care without further straining the family’s finances.

Physical Pain and Suffering

Birth injuries can result in significant physical pain and suffering for the child. Whether it’s a fractured bone, nerve damage, or brain injury, the child may experience ongoing pain and discomfort. This physical suffering can impact their overall quality of life and may require ongoing medical attention and treatments to manage the pain effectively.

Emotional Distress

Birth injuries can cause emotional distress for both the child and their family. Witnessing their child suffer and dealing with the uncertainty of their future can be incredibly challenging for parents. This emotional distress can lead to anxiety, depression, and even post-traumatic stress disorder (PTSD). Pursuing compensation for emotional distress can help families access the necessary resources, such as counseling and therapy, to navigate these challenging emotions.

Loss of Future Earnings

For children who suffer severe birth injuries, the long-term impact may affect their ability to pursue certain career paths or earn a livable income. Factors such as physical disabilities, cognitive impairments, or developmental delays can limit their future earning potential. Seeking compensation for loss of future earnings can help mitigate the financial hardships these children may face as they mature into adulthood.

Rehabilitation and Therapy

Depending on the type and severity of the birth injury, the child may require ongoing rehabilitation and therapy to reach their full potential. Physical, occupational, and speech therapy sessions can aid in improving motor skills, cognitive abilities, and language development. However, these therapies come with associated costs. Compensation for rehabilitation and therapy expenses will provide families with the means to access the necessary resources for their child’s development and progress.

Special Education and Accommodations

Children with birth injuries may require special education services and accommodations to support their unique needs. These can include individualized education programs (IEPs), assistive technologies, and classroom modifications. These additional educational expenses can put a strain on the family’s financial resources. Seeking compensation for special education and accommodations will ensure that the child has access to the necessary tools and resources to thrive academically.

Loss of Enjoyment of Life

Severe birth injuries can compromise a child’s ability to engage in activities and experiences that bring joy and fulfillment. Physical limitations or cognitive impairments may prevent them from participating in sports, hobbies, or social events. Compensation for the loss of enjoyment of life acknowledges the impact of birth injuries on a child’s overall well-being. It aims to provide them with opportunities to experience the things that bring them happiness.

Caregiver Expenses

Additional expenses may arise in cases where the child’s birth injury requires long-term care. Hiring caregivers or engaging nursing services can ensure that the child’s daily needs are met. These expenses can place a significant financial burden on the family. Seeking compensation for caregiver expenses will help alleviate the financial strain and ensure the child receives the necessary care and support.

Wrongful Death Damages

Tragically, some birth injuries may result in the wrongful death of the child. In these cases, the family may pursue wrongful death damages, including funeral and burial expenses, as well as compensation for their emotional suffering and loss.

How a Birth Injury Attorney Can Help

Dealing with a birth injury can be scary and overwhelming for both the child and their family. Navigating the legal process while focusing on your child’s well-being can be challenging. This is where a birth injury attorney can provide invaluable assistance.

A birth injury attorney regularly advocates for families affected by birth injuries. They have in-depth knowledge of medical malpractice laws and can help you determine if negligence or medical errors contributed to your child’s injury. Here are some ways a birth injury attorney can help:

  • Investigating the case: A skilled attorney will thoroughly investigate the circumstances surrounding your child’s birth injury. They will review medical records, consult medical experts, and gather evidence to build a strong case on your behalf.
  • Determining liability: Establishing liability is crucial in birth injury cases. A birth injury attorney will work to identify the responsible party, whether a negligent healthcare professional, hospital, or medical institution.
  • Negotiating fair compensation: Birth injuries can result in significant medical expenses, ongoing therapy and rehabilitation costs, and emotional distress. A birth injury attorney will fight for fair compensation that covers your child’s present and future needs.
  • Providing emotional support: Dealing with the aftermath of a birth injury can be emotionally draining. A compassionate birth injury attorney will provide the emotional support and guidance you and your family need during this difficult time.

If you or a loved one has experienced a birth injury, you understand the complexities and challenges that come with it. These injuries can significantly impact the child’s life and their family’s emotional, physical, and financial well-being.

While birth injuries can be devastating, knowing that you have an experienced birth injury attorney by your side can provide a sense of comfort and reassurance. Brachial plexus injuries are one of the most common birth injuries and can have a significant impact on a child’s life. If you believe that your child’s brachial plexus injury was caused by medical negligence, don’t hesitate to consult a birth injury attorney to understand your legal options and seek the compensation your family deserves. Remember, you’re not alone in this journey – reach out for support and guidance.

If you or your child has been affected by a birth injury, it is essential to seek the guidance of a compassionate birth injury attorney. They understand the challenges you are facing and are dedicated to helping birth injury victims and their families seek justice.

An experienced Cleveland birth injury attorney can provide the support and legal representation you need. They will manage the legal process while you focus on your child’s well-being. Together, you can work towards securing the compensation and justice your family deserves.

Contact us today for a free consultation to discuss your case and learn how we can help you navigate this challenging time.

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