When a family welcomes a newborn into the world, it should be a time of celebration, joy, and hope for the future. However, in some heartbreaking instances, what should be a beautiful moment becomes a traumatic one due to preventable birth injuries. 

Birth injuries are physical injuries sustained during labor and delivery that result from medical negligence or substandard care. These injuries can lead to lifelong health complications for the infant and may even require long-term, intensive care. If you or your child has been affected by a birth injury, it is crucial to seek the guidance and expertise of experienced medical malpractice attorneys, such as Gunn | Slater. 

At Gunn | Slater, we have years of experience in representing clients in birth injury cases, helping families navigate the complexities of the legal process, and securing the justice and compensation they deserve. Birth injury cases are incredibly complex and require a deep understanding of both medical and legal issues.

Types of Birth Injuries

Birth injuries can be broadly categorized into two types: physical injuries and neurological injuries. These injuries may result from factors such as improper use of medical instruments, lack of proper prenatal care, or delayed intervention during labor and delivery. Below, we outline some of the most common birth injuries and their potential causes.

Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when the baby’s brain is deprived of oxygen during labor and delivery. This lack of oxygen can be caused by a variety of factors, including:

Delayed Delivery: When labor is prolonged, or if a cesarean section (C-section) is not performed promptly, oxygen deprivation can lead to HIE.

Failure to Monitor Fetal Heart Rate: Failure to properly monitor fetal heart rate during labor and detect signs of distress can result in prolonged oxygen deprivation.

Poor Resuscitative Care after Delivery: If a baby is born not breathing, there are immediate interventions that need to happen to prevent or to not worsen a brain injury. If the neonatology team fails in their responsibilities to the baby, HIE can occur. 

HIE can lead to severe neurological impairments, including cerebral palsy, developmental delays, learning disabilities, and cognitive disorders. The long-term effects of HIE may require a lifetime of medical care and therapy, which can place a significant financial and emotional burden on families.

NICU Care

Some newborns may require specialized care in a neonatal intensive care unit (NICU). The condition requiring a baby to stay in the NICU may not be severe, but rather routine and/or precautionary. NICU care involves a wide range of treatments, including mechanical ventilation, feeding support, medication, and constant monitoring. In some cases, substandard care or errors made during a NICU stay can cause or exacerbate a child’s condition, leading to further harm. If you suspect that your child’s NICU care was inadequate or negligent, it is important to consult with an experienced medical malpractice firm, such as Gunn | Slater.

Prenatal Care Errors

Prenatal care is crucial for identifying and addressing potential complications that could lead to birth injuries. Obstetricians and healthcare providers are responsible for monitoring the health of the mother and baby throughout pregnancy, conducting tests, and making appropriate interventions when necessary. However, errors in prenatal care can lead to undiagnosed conditions or complications that put the baby at risk. Some examples of prenatal care errors that may result in birth injuries include:

Failure to Diagnose Infections: Infections such as Group B strep, chorioamnionitis, or preeclampsia can put both the mother and baby at risk. If these conditions are not detected and treated in a timely manner, they can lead to serious birth injuries.

Failure to Monitor Fetal Growth: If the baby is not growing at a healthy rate, it may be a sign of an underlying condition, such as intrauterine growth restriction (IUGR). A failure to monitor the baby’s growth and take appropriate action can increase the risk of birth injuries.

Failure to Address Maternal Health Issues: Conditions such as gestational diabetes, hypertension, and obesity can affect the health of both the mother and the baby. When these conditions are not adequately managed, they can lead to complications during labor and delivery.

Shoulder Dystocia

Shoulder dystocia occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery. This condition can lead to nerve damage, fractures, and sometimes even brain injury. When shoulder dystocia occurs, the healthcare team must act quickly and skillfully to deliver the baby safely, without causing harm. However, improper handling, including use of excessive force or the wrong techniques, can lead to serious birth injuries, including:

Brachial Plexus Injury: Damage to the brachial plexus, a group of nerves that control the arms and hands, is a common result of shoulder dystocia. Brachial plexus injuries can lead to permanent arm weakness, paralysis, and/or lack of motor control.

Clavicle Fracture: The force used to dislodge the baby’s shoulder can cause the clavicle (collarbone) to break, which can be painful and require treatment.

Common Causes of Birth Injuries

Birth injuries can occur due to a variety of factors, and in many cases, they are the result of medical malpractice. Some common causes of birth injuries include:

Failure to Respond to Fetal Distress: One of the most critical times in labor is when the baby shows signs of distress, such as an abnormal heart rate. If medical staff fail to respond promptly by performing a C-section or other necessary interventions, then the baby may suffer oxygen deprivation, leading to brain injury or death.

Improper Use of Forceps or Vacuum Extractor: The use of forceps or vacuum extraction can be helpful when the baby needs assistance during delivery. However, improper use of these instruments can cause physical injuries to the baby, including nerve damage, fractures, and head trauma.

Inadequate Monitoring During Labor: Failure to properly monitor the baby’s heart rate, amniotic fluid levels, or fetal movements can result in undetected problems during labor, leading to complications that result in injury.

Delayed or Incorrect Cesarean Section (C-Section): In some cases, a C-section is necessary to prevent complications such as shoulder dystocia, fetal distress, or prolonged labor. If a healthcare provider delays or fails to perform a C-section when needed, it can lead to severe birth injuries.

The Challenges of Birth Injury Cases

Proving medical malpractice in birth injury cases can be a complex and challenging process. Birth injury cases often involve intricate medical concepts that require expert testimony and a thorough understanding of both the medical procedures and the law. Some of the challenges families face in birth injury cases include:

Causation: One of the most difficult aspects of a birth injury case is proving that the healthcare provider’s actions directly caused the injury. Birth injuries can occur for many reasons, and establishing a direct link between medical negligence and the injury requires extensive medical evidence and expert testimony.

Expert Testimony: In order to prove that a healthcare provider’s actions fell below the standard of care, expert witnesses, such as medical professionals, must testify about what should have been done differently. Finding the right expert who can effectively explain complex medical issues in a way that a jury can understand is essential to the success of a birth injury case.

Statute of Limitations: Each state has a statute of limitations that sets a deadline for filing a medical malpractice lawsuit. In many states, the clock begins ticking from the date of the injury. It is crucial to act quickly to ensure that your case is filed within the legal time frame.

Emotional and Financial Stress: Birth injury cases can be emotionally taxing for families, especially when the child faces lifelong challenges. In addition to the emotional strain, families often face significant financial burdens due to medical bills, therapy costs, and other expenses related to the child’s care. Securing compensation through a birth injury lawsuit can provide financial relief and allow families to focus on their child’s well-being.

The Importance of Hiring an Experienced, Compassionate Trial Attorney

If your child has suffered a birth injury, it is essential to hire an experienced and compassionate trial attorney to represent your interests. Birth injury cases are highly complex and require a lawyer who understands both the medical and legal aspects of these cases. Amy Gunn and Erica Slater are both moms who understand what you are going through. An experienced attorney will be able to:

Investigate the Facts: A skilled attorney will conduct a thorough investigation into the circumstances surrounding the birth injury, gathering medical records, interviewing witnesses, and consulting with medical experts to determine whether malpractice occurred.

Handle the Legal Process: Birth injury cases involve strict legal deadlines, complex procedures, and extensive documentation. A knowledgeable attorney will guide you through the legal process and ensure that your rights are protected every step of the way.

Negotiate for Fair Compensation: Medical malpractice cases often involve significant financial compensation for the costs of medical care, future treatment, pain and suffering, and lost income. An experienced attorney will advocate for your family’s best interests, ensuring that you receive the compensation you deserve.

Provide Emotional Support: A compassionate attorney understands the emotional toll that a birth injury can take on a family. They will provide support throughout the legal process and help alleviate some of the stress associated with pursuing a lawsuit.

Call Gunn | Slater So We Can Help

Birth injuries can have a profound impact on the lives of families, and when these injuries result from medical negligence, it is essential to take legal action. By hiring an experienced trial firm like Gunn | Slater with expertise in birth injury medical malpractice cases, you can ensure that your family’s rights are protected and that you receive the compensation you deserve. 

Although birth injury cases can be complex and challenging, a skilled attorney can guide you through the process, fight for justice, and help secure the resources needed for your child’s care and future well-being. If you believe that your child’s birth injury was caused by medical malpractice, don’t hesitate to reach out to Gunn | Slater for a consultation. Let us stand by you and fight for justice.