The Most Common Birth Injuries Caused by Obstetrical Negligence

Bringing a new life into the world should be a moment filled with joy, hope, and excitement. However, for some parents, complications caused by obstetrical negligence can turn this beautiful experience into a devastating ordeal. Obstetrical negligence, a form of medical malpractice, can result in preventable birth injuries that affect both the baby and mother, potentially causing lifelong consequences.

Jacobs & Dow, LLC will explore the most common forms of birth injuries caused by obstetrical negligence, explain the causes behind them, and provide guidance on why seeking legal counsel is crucial to obtaining justice and support.

What Is Obstetrical Negligence?

Obstetrical negligence refers to the failure of healthcare providers, such as obstetricians, nurses, or other medical professionals, to adhere to the standard of care during pregnancy, labor, or delivery. These deviations can result in severe harm either to the baby, the mother, or both.

Common negligent actions include:

• Failure to Diagnose or Treat Conditions: Not recognizing or adequately addressing issues like fetal distress, preeclampsia, or gestational diabetes.
• Improper Use of Medical Tools: Errors during procedures, such as the misuse of forceps or vacuum extractors.
• Negligent Management of Childbirth: Missing crucial signs requiring timely interventions, such as a cesarean section, or failing to manage labor complications properly.
• Failure to Monitor Properly: Missing abnormal vital signs in either the mother or baby during delivery.
• Medication Errors: Incorrect dosages or inappropriate medications during labor or pregnancy.

By neglecting these critical responsibilities, healthcare providers place both mother and newborn at risk of preventable harm.

Common Types of Birth Injuries

Obstetrical negligence can lead to an array of birth injuries. While the severity and nature of these injuries can vary, the most frequent cases include the following conditions.

1. Cerebral Palsy

• Causes: Cerebral palsy is often caused by brain damage due to oxygen deprivation or improper handling during the delivery process.
• Signs and Symptoms: Symptoms may include delayed motor development, muscle stiffness, or difficulty with coordination.
• Long-Term Effects: This condition is lifelong and often requires therapies such as speech, physical, or occupational therapy to enhance the child’s quality of life.

2. Brachial Plexus Injuries (Including Erb’s Palsy)

• Causes: These injuries occur when the nerves controlling movements in the baby’s arms and hands are damaged. This might happen due to excessive pulling during delivery.
• Specific Example – Erb’s Palsy: One form of nerve damage that affects the upper arm and can leave an infant with limited mobility.
• Treatment: Many cases require physical therapy, and severe injuries may result in permanent disability or surgery.

3. Shoulder Dystocia

• Definition: Shoulder dystocia happens when the baby’s shoulder becomes stuck behind the mother’s pubic bone during delivery.
• Complications: It can cause brachial plexus injuries, oxygen deprivation, or maternal complications like severe tearing.
• Prevention: Recognizing risk factors, such as gestational diabetes or a high birth weight baby, can assist doctors in planning alternative delivery methods, such as a cesarean section.

4. Hypoxic-Ischemic Encephalopathy (HIE)

• Causes: HIE occurs when the brain does not receive enough oxygen during labor or delivery.
• Long-Term Effects: Lack of oxygen can lead to movement, learning, and cognitive difficulties later in life.
• Treatment: Immediate treatment, such as therapeutic hypothermia (cooling therapy), may help reduce long-term damage if caught early.

5. Bone Fractures

• Examples: Clavicle fractures are among the most common injuries during delivery.
• Causes: These can occur when excessive force is used during labor or when there’s a mishandling of delivery tools.
• Treatment: While bone fractures generally heal well with immobilization, they can cause significant distress to both the baby and the family.

Causes of Birth Injuries Related to Medical Malpractice

The underlying causes of these injuries often point to preventable medical mistakes, including negligence by healthcare providers.

1. Failure to Follow Standard Treatment Protocols

Medical professionals are expected to adhere to well-established guidelines. Their failure to follow these protocols places patients in unnecessary danger.

2. Improper Monitoring of Vital Signs

A lack of proper monitoring allows critical warning signs, such as abnormal fetal heart rates, to go unnoticed.

3. Failure to Intervene Appropriately

When complications arise, healthcare providers have a limited opportunity to act. Delayed or improper intervention often leads to preventable harm.

How a Birth Injury Lawyer Can Help

A birth injury lawyer is a vital resource for families navigating the aftermath of obstetrical negligence.

Investigating the Claim

The lawyer’s job is to thoroughly analyze the circumstances of the incident, building a strong foundation for the claim.

Gathering Evidence

From medical records to witness statements, lawyers compile evidence to prove negligence.

Negotiating with Insurance Companies

Experienced attorneys work to secure fair compensation for families, covering medical expenses, therapy costs, and emotional distress.

Filing a Lawsuit

If necessary, the lawyer will take the case to court to hold healthcare providers accountable for their actions.

Seek the Compensation You Need to Care For Your Family

Birth injuries caused by obstetrical negligence are life-altering events. They can create emotional, physical, and financial burdens for families. Seeking legal counsel is an essential step in pursuing justice and obtaining the support your family needs.

If you believe your child’s birth injury resulted from medical malpractice, consult with the birth injury attorneys at Jacobs & Dow. Our professionals will provide compassionate guidance as they fight for your family’s rights.