How Birth Injuries Can Result from Medical Negligence

Ask most families, and they will tell you that welcoming a new child into the world is a most joyous moment. For most parents, this is certainly exciting news, but when medical mistakes occur, complications can quickly develop during pregnancy, labor and/or delivery. These injuries can have a lifelong impact on both the baby and mother.

Every mother deserves a safe and healthy birth, and when that doesn’t happen, the trauma you face can be devastating. You are certainly not alone. Medical negligence covers a wide range of issues, and this is what you need to know.

Complications Can Arise in Low-Risk Pregnancies

Most people think that medical errors only affect those women with high-risk pregnancies. However, research shows that nearly 30% of low-risk deliveries experience unexpected complications. When medical staff fail to react immediately to these sudden shifts, preventable trauma can occur.

There have been multiple studies conducted on birth injuries, and some of these statistics may surprise you:

According to a 2017 study by the American Journal of Obstetrics & Gynecology, nearly 50% of birth injuries could be prevented with proper medical care.

Also, the Agency for Healthcare Research and Quality in 2019 reported that 1 in every 9,714 babies in the United States is born with a birth injury.

Medical Providers Fail to Take Necessary Precautions

A birth injury is defined as any injury that a baby may suffer before or during the delivery process. Today, due to the availability of better prenatal monitoring, advancing technology, restrictions on using forceps, and because more physicians who expect complications now choose cesarean deliveries, fewer babies suffer from birth injuries. However, a birth injury can still occur through negligence or carelessness.

Here are a few examples of how medical negligence can lead to birth injuries:

Delayed or Denied C-Sections

Failure to perform a Cesarean delivery or a C-section in time can lead to severe birth injuries. The mother might need a C-section if labor fails to progress, maternal hemorrhaging has developed, umbilical cord prolapse or fetal or maternal distress occurs.

By delaying a C-section, the risk of brain damage rises by 32%, according to a 2019 study by the Obstetrics & Gynecology Journal.

Incorrect Use of Delivery Tools

Doctors sometimes use forceps or vacuum extractors improperly, which can cause injuries to a newborn, such as a skull fracture, brain bleeding or long-term brain damage. However, some physicians don’t receive enough training in using delivery tools. Forceps deliveries now make up about only 1.1% of vaginal deliveries. Vacuum extraction is more frequently used than forceps delivery because it’s easier to perform. However, this more modern tool can increase the risk of certain complications, such as retinal hemorrhage and cephalhematoma (excess blood between the skull and tissue of the baby’s head).

Failure to Monitor Fetal Distress

If a baby shows signs of oxygen deprivation, irregular heart rate, or other complications during labor or delivery, this is a sign of fetal distress. It’s up to the medical professionals to continuously monitor the baby’s condition using tools such as fetal heart rate monitors, ultrasound or other diagnostic methods.

If a baby’s heart rate drops and the medical providers do not act quickly, it can lead to oxygen deprivation and permanent brain damage.

Medication Errors

Giving the wrong dosage of high-risk labor stimulants like Pitocin can cause excessive contractions, leading to uterine rupture or fetal distress. Also, the mother who receives too much or too little of a drug, such as miscalculating oxytocin infusion rates, can result in uterine hyperstimulation and reduced oxygen to the baby.

Medication errors can occur from selecting look-alike packaging, swapping syringes, or administering an intravenous dose instead of an epidural solution. These can also cause birth injuries.

Medical negligence has also occurred from giving medication or a vaccine intended for the mother to the newborn, or vice versa. Maybe the error happens due to shared storage or proximity in the room.

Birth Injuries Can Create Long-Term Impacts on Families

Cognitive disabilities are one concern. These could include speech problems, learning disorders or memory issues. Then there are physical disabilities, which can include chronic pain, limited mobility or paralysis.

A birth injury can affect the entire family, causing emotional and/or financial strain.

Some common birth injuries are:

Cerebral Palsy

Cerebral palsy affects 1 in 345 children, according to 2022 statistics from the Centers for Disease Control or the CDC. Cerebral palsy can result from oxygen deprivation, which may occur from a delayed C-section or improper fetal monitoring. This devastating condition is expensive to treat and can cost a family $1.3 million in medical care over the child’s lifetime.

Brachial Plexus Injuries (Erb’s Palsy)

This injury occurs when the baby’s shoulder is stretched too much during delivery. Weakness or paralysis can develop in the arm. Many cases are due to excessive force used by the doctor when pulling the baby out.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a type of brain damage caused by a lack of oxygen. The latest research from the National Institutes of Health reports that 60% of newborns with severe HIE either die or suffer permanent disabilities.

What if Your Baby Has Suffered a Birth Injury? Now What?

Birth injuries affect thousands of American families every year. The trauma often causes life-changing medical, emotional and financial challenges. So, what should you do?

An experienced medical malpractice lawyer like those at McCoy & Hiestand, PLC would advise you and your family to request the medical records to determine if errors were made. Next, document your baby’s symptoms, such as any physical or cognitive difficulties. Consult a legal expert who understands medical malpractice, and lastly, file a claim.

Every child deserves a healthy quality of life, and families must never stop fighting for their right to it.