What Qualifies as a Birth Injury?

Birth injuries are injuries that occur because of complications or medical malpractice during labor and delivery. They could lead to lifelong disabilities in some cases. They can vary widely in symptoms, lasting effects, and severity. 

Discussing your child’s injuries with a birth injury lawyer in Columbus is the best way to better understand your rights and options if your child suffered a birth injury or has a related diagnosis. Your birth injury lawyer can ensure your child receives the necessary support and care while managing a medical malpractice case on their behalf when necessary.

What Is a Birth Injury?

A birth injury is any injury a child suffers during childbirth. It may occur because of natural complications but can also be caused by a medical professional’s negligence. Birth traumas could have short-term or long-term effects and cause harm to almost any part of the body.

Not all medical conditions babies have after birth are birth injuries. For example, many babies are born with a genetic disorder or another condition that causes symptoms or complications during or immediately after labor and delivery. However, these are not birth injuries. Birth injuries are harm that is suffered during or as a result of the delivery process. 

Common Causes of Birth Injuries

There are many ways birth injuries occur. Even when the injuries occur because of natural complications, care providers should be able to diagnose the concern and act quickly to minimize the possible consequences. When they fail to do so or otherwise act negligently and harm the child during the birthing process, it may support a medical malpractice case. 

Some common causes of birth injuries include: 

• Excessive Force or Traction: The use of excessive force, often with forceps or vacuum, can cause nerve damage, fractures, and soft tissue injuries. 
• Prolonged Labor or Difficult Delivery: A prolonged or obstructed labor leaves the baby stuck in the birth canal for too long, increasing the risk of injuries from lack of oxygen.
• Improper Use of Medical Instruments: Poor technique or lack of training with tools, such as forceps or vacuum extractors, can cause serious injuries and scarring.
• Cephalopelvic Disproportion (CPD): Sometimes, the baby’s head is too large, or the mother’s pelvis is too small for a vaginal delivery. The care provider should be able to diagnose this quickly to prevent the baby from experiencing complications from being stuck in the birth canal.
• Failure to Monitor Fetal Distress: Inadequate monitoring of the baby during labor and delivery can cause brain injuries, including cerebral palsy.
• Maternal Health Issues: Doctors should carefully monitor the mother for diabetes, preeclampsia, infections, and other health conditions that could complicate pregnancy, labor, and delivery. 

What Are Some Common Birth Injury Diagnoses?

If your child suffered a birth injury, they may have one of the following common types of injuries: 

• Brachial plexus injury, such as Erb’s palsy
• Fractures and broken bones, often the clavicle
• Cerebral palsy from birth asphyxia or physical trauma 
• Caput succedaneum, usually from forceps or vacuum extraction 
• Cephalohematoma
• Intracranial hemorrhage, commonly called a brain bleed
• Hypoxic-Ischemic Encephalopathy (HIE)

What Parents Should Do Following a Birth Injury

If you suspect your child suffered a birth injury, you should take immediate action to protect your child’s rights and ensure their health and well-being are the priority. 

Seek Medical Care

Whether you are still in the hospital and notice something unusual, are at home, or were informed of complications by the medical care team, you should ensure your child receives a thorough examination and diagnosis. Early intervention can make a difference.

If you are more comfortable, you can see a health care professional who is unaffiliated with the team or facility that delivered your baby. 

Document the Injury

Keep a detailed record of the symptoms your child exhibits and any treatment they receive. You can also request the related medical reports to document any complications during pregnancy or labor. Your attorney can do this if you are working with a medical malpractice lawyer. 

Consult a Medical Malpractice Lawyer

If you believe your child’s birth injury occurred because of medical negligence or error, talk to a medical malpractice lawyer who handles birth injuries as soon as possible. They can assess the case facts and discuss potential legal options. They can protect your child’s rights and pursue fair compensation to pay for your child’s care while you focus on their treatment and recovery. 

How Will a Birth Injury Attorney Help With Your Case?

When you work with an attorney on your child’s birth injury case, they will represent your family’s best interests and protect your right to hold the doctor, facility, or another health care provider accountable. Our lawyers represent families based on contingency fees. 

Count on us to: 

• Examine the details of the birth, medical records, and the injury
• Work with medical experts to assess the cause of the injury, whether medical malpractice occurred, and obtain an affidavit of merit
• File a medical malpractice claim to pursue compensation for medical expenses, long-term care, pain and suffering, and other damages
• Negotiate with insurance companies or lawyers to seek a fair settlement
• Prepare the case for trial if necessary

Our team works to hold negligent health care professionals accountable for their actions and prevent similar incidents from hurting other babies in the future. At the same time, we will build a robust case and navigate the legal process for you and your family. We understand how important it is to you to recover money for your baby’s long-term care and support.

Talk to Our Ohio Birth Injury Team About Your Child’s Injuries

The Fitch Law Firm LLC provides free consultations for families whose infants suffered injuries during labor and delivery. We want to discuss your child’s injuries and treatment with you to see if we can help. A birth injury lawyer from our team may be able to help you get justice and compensation for your child. We are here for you during this frustrating and devastating time. Contact us to learn more.