Numerous advancements have been made in the medical field over time, many of which have come to light just in the last few decades. In the world of obstetrics and neonatal care alone, quite a few new treatments and technologies have entered the mix. Ultrasonography and fetal monitoring during labor and delivery are constantly improving. At this point, babies can be treated for certain chronic conditions and birth defects while still in utero. Advancements have been made in handling emergencies that arise during labor and delivery as well.
Despite those new developments, though, birth injuries still happen. In fact, an estimated 28,000 infants sustain birth-related injuries each year in the United States. Some of those injuries are minor, and babies quickly recover from them. Others are far more serious, and they have lifelong repercussions for their victims. In some cases, they can be deadly. Read on to learn more about these injuries and your rights if your family is affected by them.
The Legal Definition of Birth Injuries
First, let’s discuss the legal definition of a birth-related injury. Legally, it’s defined as any physical harm sustained by a baby during the birthing process. There’s a distinct difference between birth injuries and natural complications of childbirth. While the latter are often unavoidable, the former are typically the result of negligence on the part of medical professionals. At the same time, birth defects generally aren’t classified as birth-related injuries.
Per the laws in many states, to be considered birth-related and grounds for legal action, an injury must occur during labor or delivery or shortly after birth. It must also be a physical injury as opposed to emotional distress. To receive compensation, a victim’s family must be able to prove that the injury in question was a result of a deviation from accepted medical standards.
Delving Deeper Into Birth-Related Injuries
Now, let’s take a more in-depth look at birth-related injuries. As noted, they stem from improper actions or negligence on the part of medical professionals. Several types of injuries can stem from malpractice.
Erb’s palsy, a type of brachial plexus injury, affects specific nerves that control the arms. It stems from excessive pulling on a baby’s head or shoulder during delivery, and it can cause weakness or paralysis in the shoulder or elbow. A cephalohematoma is bleeding between a baby’s brain and the protective membrane that covers the bones of the head. This condition often occurs due to the use of forceps or vacuum extractors during assisted deliveries. Though it doesn’t usually have lasting effects, it can lead to complications.
Another common birth-related injury is cerebral palsy. Though this condition can sometimes develop during pregnancy, it’s often the result of a lack of oxygen to the brain during labor and delivery. It can also be caused by improper use of assistive devices during delivery. Other birth injuries include lacerations, collarbone fractures, bruises, and injuries to babies’ facial nerves.
Seeking Justice for Birth-Related Injuries
If your baby suffered a birth-related injury, you have the right to seek justice and compensation. That being said, proving that an injury was caused by medical malpractice and determining who was at fault can be particularly difficult. Because of that, working with an attorney is recommended. An attorney can greatly improve your chances of winning your case and being awarded the damages your family deserves.
