Typically the term birth injury is used to describe injuries or trauma to a baby that occur during childbirth.  Most of the time these injuries happen through no fault of another, however there are many instances in which they are a direct result of medical malpractice at the hands of a negligent doctor.

Birth injuries can range from minor to severe and anywhere in between.  Some common birth injuries include:

Forcep Injuries – this can be as minor and temporary as bruising or much more serious such as scalp lacerations or skull fractures.

Caput Succedaneum – often occurs when the use of vacuum extraction is employed, resulting in severe swelling of the infant’s scalp and typically goes away within a few days.

Facial Paralysis – damage caused to the nerves in the baby’s face from pressure during labor or birth, or sometimes the use of forceps.  The nerves may be merely bruised causing only temporary paralysis, or the damages may be more severe, in which case surgery is often required.

Brachial Palsy (also known as Erb’s Palsy and Klumpke’s Palsy) – an injury to the group of nerves in the shoulder area that control movement of the hands and arms (brachial plexus).  It most often results from shoulder dystocia, when there is difficulty getting the shoulder area through the birth canal during birth.  This injury can be minor, with symptoms disappearing within several months, or severe, causing permanent nerve damage that could require surgery and/or a lifetime of physical therapy.

Fractures – the baby’s clavicle (collar bone) can be fractured during difficult or breech births as the baby passes through the birth canal.

Brain Injury – most often occurring when the baby suffers a lack of oxygen during labor or birth, these injuries can result in cerebral palsy, brain damage, seizure disorders, or mental impairment.

Certainly most of these injuries could occur naturally and, in fact, are most often not a result of medical negligence.  However, there are certain situations in which doctors and nurses can and should be held liable when a child suffers a birth injury.
Some of the indicators to look for when questioning whether your baby was a victim of malpractice would be the physician:

• Failing to anticipate complications with a larger baby, or in cases involving maternal health complications
• Failing to respond appropriately to excessive bleeding
• Failing to observe, monitor or respond to umbilical cord entrapment
• Failing to respond to fetal distress (including fetal heartbeat irregularities)
• Delays ordering a cesarean section
• Misuses forceps or a vacuum extractor during delivery
• Inappropriately administers Pitocin, a synthesized hormone used to induce or speed up labor

If any of these things occurred during the labor and/or delivery of your baby, and your child suffered a birth injury as a result, you may have the right to seek compensation.  Your medical attorney can discuss the details of your individual situation with you and review the child’s medical records to help determine what the next step should be.