The Most Common Birth Injuries as a Result of Medical Malpractice

Bringing a new life into the world is one of the most wonderful experiences a family can have. Unfortunately, it is a sad reality that many babies face serious complications and injuries during their first moments in the world. In some cases, these events are unavoidable. However, if medical negligence played a role in your child’s birth injury, You may have grounds to seek justice through a birth injury claim.

Medical malpractice during labor and delivery can lead to serious injury or even wrongful death. It may stem from the negligence of a doctor, nurse, or medical professional failing to meet accepted standards of care. Knowing the most common birth injuries can help parents identify when malpractice may have occurred, seek justice, and help secure the necessary financial support to give their child the best chance for a fulfilling life.

The Philadelphia birth injury attorneys at Hill & Associates believe in aggressive and comprehensive legal representation for all our clients. We’ll handle the legal issues so you can focus on nurturing your new child.

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Types of Birth Injuries

Some birth injuries result from the infant’s size or the baby’s position during labor. While some of these injuries are unavoidable and do not last long, it’s important to recognize if and when they result from negligence:

Cerebral Palsy

Cerebral palsy (CP) is one of the most severe and lifelong birth injuries that can result from medical malpractice. It refers to a group of neurological disorders that affect movement, muscle coordination, and posture. CP is caused by brain damage, often occurring before, during, or shortly after birth—frequently as a result of oxygen deprivation or trauma during labor.

Medical malpractice-related causes of cerebral palsy typically involve preventable errors during delivery:

• Delayed or improper response to fetal distress: Prolonged lack of oxygen (known as hypoxia) to the baby’s brain can cause permanent damage.
• Improper use of delivery tools: Excessive force from vacuum extractors, forceps, or other devices can lead to trauma to a baby’s skull and brain.
• Failure to perform a timely C-section: When complications arise, a delayed decision to perform a cesarean section can result in critical time lost, leading to oxygen deprivation.

For children with cerebral palsy, life may include physical therapy, surgeries, speech therapy, and adaptive equipment like wheelchairs. These treatments can be prohibitively expensive for families. Additionally, parents often face the emotional weight of seeing their child struggle with daily tasks others take for granted.

Medical malpractice lawsuits involving cerebral palsy can help families recover compensation for these overwhelming expenses, ensuring their child has access to critical care and resources for a better quality of life.

Brachial Plexus Injuries (Erb’s Palsy)

The brachial plexus is a network of nerves located near the shoulder that controls movement and sensation in the arm, wrist, and hand. Brachial plexus injuries, including Erb’s palsy, often occur during difficult deliveries, particularly if the baby’s shoulder becomes stuck behind the mother’s pelvic bone—a condition called shoulder dystocia.

While shoulder dystocia is a known delivery complication, proper management by the medical team can often prevent injury. Unfortunately, medical errors such as excessive stretching or force applied to the baby’s head and neck while attempting to deliver the shoulders can lead to nerve damage. Common examples of negligence include:

• Using excessive force during vaginal delivery
• Failing to recognize or appropriately respond to shoulder dystocia
• Delayed or improper use of assistive delivery tools

The effects of brachial plexus injuries range from temporary weakness in the arm to permanent paralysis in severe cases. Physical therapy, occupational therapy, and in some cases, surgery, may be required to regain function. Families may contend with lifelong challenges depending on the extent of the damage.

Seeking legal counsel can hold negligent medical professionals accountable and secure compensation for medical bills, ongoing treatments, and the emotional toll these injuries take on both parent and child.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a severe type of brain injury caused by a lack of oxygen and blood flow to a baby’s brain during or directly after delivery. Without proper oxygen, brain cells begin to die, causing potentially permanent brain damage.

HIE often results from failure to properly monitor and respond to complications during labor and delivery, including:

• Fetal distress (e.g., abnormal heart rate patterns detected but not addressed)
• Improper use of Pitocin or other labor-inducing drugs leading to overly strong contractions
• Prolonged labor without timely intervention, resulting in oxygen deprivation

The consequences of HIE vary but may include developmental delays, seizures, and motor deficits. Some children with HIE develop cerebral palsy or other lifelong disabilities. For families, the emotional strain combined with the costs of long-term care can feel insurmountable.

An experienced medical malpractice lawyer can help parents piece together what went wrong, identify responsible parties, and secure compensation to provide vital support for their child’s needs.

Bone Fractures

Fractures during birth, such as a broken clavicle or shoulder blade, are unfortunately common in complicated deliveries. During a traumatic birth, the pressure of delivery or improper techniques by the medical team can result in broken bones for the baby.

While some instances of bone fractures are unavoidable, others may be the result of negligence. Common causes include:

• Excessive force during delivery—whether by hand or assisted devices like forceps
• Failure to recognize or manage risks associated with shoulder dystocia
• Improper positioning of the baby during labor

Thankfully, most birth fractures heal with proper medical care and do not result in long-term disabilities. However, the trauma of these injuries can still cause significant stress and later complications, particularly if a fracture damages surrounding tissue or nerves.

When a baby suffers broken bones due to negligence, legal action can provide families with financial support to cover additional medical care or corrective treatments.

Facial Nerve Injuries

During the birthing process, pressure on a baby’s face can cause damage to their cranial nerves, leading to paralysis or weakness in facial muscles. This type of injury may be temporary or permanent, depending on the extent of the damage.

Facial nerve injuries often result from the mismanagement of delivery tools or excessive force during labor:

• Incorrect application or overuse of forceps
• Poor decision-making that delays an emergency C-section

For many babies, facial nerve injuries result in drooping features, difficulty closing one eye, or other noticeable physical effects. The condition may improve on its own or require surgical intervention. The visible impact of these injuries can also carry emotional challenges for children as they grow older.

Families facing these challenges may need compensation for medical treatments, physical therapy, and mental health support.

Skull Fractures and Intracranial Injuries

Skull fractures and intracranial injuries are among the most severe forms of birth trauma. These injuries occur when physical force damages the infant’s skull, potentially leading to brain bleeds or other complications.

Missteps during delivery can cause trauma to a baby’s skull and brain, including:

• Improper use of vacuum extractors or forceps
• Excessive pulling or twisting of the baby during delivery

The repercussions of cranial trauma can be catastrophic, potentially resulting in developmental delays, seizures, learning disabilities, or even death. For families, these injuries require lifelong care and advocacy, placing immense emotional and financial strain on parents.

Signs of Medical Negligence Leading to Birth Injuries

Recognizing the signs of medical negligence during labor and delivery can be crucial for identifying potential birth injuries. While not every complication stems from negligence, certain errors may indicate that medical professionals failed to meet acceptable standards of care. Here are some key indicators to watch for:

Lack of Fetal Monitoring

Proper fetal heart rate monitoring is essential to detect signs of distress. If medical staff fail to monitor the baby’s well-being or fail to address abnormal heart rate patterns, it can lead to serious complications like oxygen deprivation.

Delayed C-Section

When labor doesn’t progress, or complications arise, a timely C-section can save both the baby and mother from harm. Delays in deciding or performing this procedure may result in preventable injuries.

Improper Use of Delivery Tools

Tools like vacuum extractors and forceps used to guide babies through the birth canal must be used with precision. Misuse of these devices, such as applying excessive force, can cause trauma to the baby’s nerves, skull, or other areas.

Failure to Address Complications

Conditions like shoulder dystocia or prolonged labor require immediate action and expertise. Ignoring or mishandling these complications can lead to lasting injuries for the baby.

Proving Medical Malpractice After a Birth Injury

To file a successful medical malpractice suit, you’ll need to establish that a patient-doctor relationship existed between you and the defendant, that the defendant did not exercise reasonable care, and that this negligence directly resulted in the injury in question. Navigating these proceedings can be difficult at best and an absolute nightmare at worst without the support of a qualified legal professional.

Contact Our Trusted Birth Injury Lawyers Today

Leonard Hill – Philadelphia Birth Injury Lawyer

Reach out to Hill & Associates if you have questions about a birth injury. If you, a loved one, or your newborn has suffered due to medical malpractice, it’s vital to know your rights and to hold the responsible parties accountable for their actions. Contact us today at (215) 567-7600 or through our online form for a free, no-obligation consultation.