Birth Injuries Caused By Medical Negligence

During pregnancy, expecting parents put their trust in medical professionals to keep both mother and baby healthy and safe. When birth injuries are caused by healthcare providers who deviate from their standard of care or otherwise act negligently, victims may have the right to file personal injury claims. Early detection of a birth injury is crucial, allowing you time to seek the help the mother and child need. Working with medical malpractice attorneys with decades of birth injury claim experience is vital. This post will discuss birth injuries caused by medical negligence.

What Birth Injuries Can Be Caused By Medical Negligence?

Stanford Medicine states that birth injuries are when the baby or mother suffers a physical injury as a result of the birthing process. These should not be confused with birth defects, defined as structural or functional abnormalities in the infant (CDC). When a medical professional does not practice proper procedures in alignment with their standard of care, birth injuries may happen that include but are not limited to:

Brain Injuries: Damage from lack of oxygen or trauma during birth, including hypoxic-ischemic encephalopathy (HIE).
Chemical Birth Defects: Caused by exposure to harmful chemicals or drugs during pregnancy, leading to developmental or physical issues.
Erb's Palsy: A brachial plexus injury from excessive pulling during delivery, causing arm or hand weakness.
Spinal Cord Injuries: Damage during birth leading to paralysis or motor function loss, varying by severity.
Cerebral Palsy: Movement and posture disorders from brain damage during or after birth due to oxygen loss or trauma.
Premature Delivery: Birth before 37 weeks, causing health issues like respiratory distress or developmental delays.
Shoulder Dystocia: When the baby’s shoulder is stuck during delivery, leading to nerve damage or fractures.

While birth injuries can result from unavoidable complications, they are often preventable with proper medical care and adherence to established standards. By recognizing the types of birth injuries that can occur and their potential causes, families can take the necessary steps to seek accountability and ensure the well-being of both mother and child.

Proving Medical Negligence In Childbirth

To prove medical negligence was the cause of the birth injury, your medical malpractice attorney will have to explain that there was a duty of care, that duty was breached, that the injury was the cause of that breach, and the damages you are entitled to. Examples of medical negligence during childbirth can vary widely but often include critical errors or omissions by healthcare providers. Some of the most common examples are:

Failure to Recognize Signs of Fetal Distress: Medical professionals are responsible for closely monitoring the baby’s heart rate and other vital signs during labor. A delay or failure to recognize signs of distress, such as abnormal heart rhythms, can lead to severe complications.
Inadequate Management of Maternal Health Complications: Severe tearing, excessive bleeding, or other complications affecting the mother require prompt attention. Failure to address these issues effectively can result in life-threatening conditions.
Neglecting to Perform a Medically Necessary Cesarean Section (C-Section): When a baby shows signs of distress or other delivery complications arise, a C-section may be required to ensure the safety of both mother and child. Delays in decision-making or improper judgment in avoiding a C-section may lead to preventable injuries.
Misuse of Delivery Tools: The improper use of tools such as forceps or vacuum extractors can cause significant harm to the baby, including skull fractures, brain damage, or nerve injuries. Additionally, failing to explain the potential risks associated with these tools to the mother may constitute negligence.
Excessive Force or Improper Maneuvers During Delivery: Applying too much pressure, twisting, or pulling excessively during the delivery process can result in injuries such as shoulder dystocia, Erb’s palsy, or spinal cord injury. Proper techniques and caution are essential to minimize risk.
Lack of Monitoring During Labor and Delivery: Negligence in closely observing the progression of labor, such as failing to notice prolonged labor or complications, can increase the risk of harm to both the mother and baby.

Proving that these actions—or inactions—constituted medical negligence is a critical step in pursuing justice for a birth injury.

Compensation For Birth Injuries

Birth injuries can cause years of financial and emotional distress to the family involved. With a birth injury medical malpractice case, the amount of compensation will directly correlate to the severity of the birth injury. When pursuing a medical malpractice claim for a birth injury, the compensation sought aims to address the physical, emotional, and financial hardships the family endures. Compensation can cover:

Medical Expenses: This includes costs for immediate care, ongoing treatments, surgeries, medications, therapy, and any necessary medical equipment.
Rehabilitation Costs: Physical, occupational, and speech therapy may be required to aid in the child’s development.
Lost Wages: If a parent must leave work or reduce hours to care for the child, compensation may account for lost income.
Pain and Suffering: Monetary awards for the emotional and psychological distress caused by the birth injury.
Future Care Costs: Compensation may also address long-term care or accommodations required for the child’s lifetime needs.

Our San Francisco medical malpractice attorneys will evaluate your case thoroughly, utilizing our extensive medical resources to analyze any medical records about your case. This will aid in establishing the compensation you are entitled to.

California’s Premier Birth Injury Attorneys

Bostwick & Peterson has broken the California record for the largest medical malpractice recoveries with two separate birth injury claims since 2018. Our record-setting case results have established us as one of California's premier personal injury law firms for birth injury and medical malpractice cases. We are committed to fighting for justice on behalf of families impacted by preventable birth injuries, providing compassionate support and relentless advocacy. With decades of experience and a proven track record, Bostwick & Peterson continues to hold medical professionals accountable for negligence, ensuring our clients receive the compensation they deserve to rebuild their lives.