The birth of a child is supposed to be joyful, but sometimes things go tragically wrong.
Birth injuries are any type of harm a baby suffers during or around the labor and delivery process. These injuries can range from minor bruising to serious conditions with lifelong consequences, impacting not only the child’s physical and cognitive development but also the emotional and financial well-being of the entire family.
If your child suffered a birth injury due to medical negligence or preventable complications, Parrish DeVaughn Injury Lawyers can help you understand your legal options and seek justice for your family.
Common Types of Birth Injuries
Birth injuries encompass a wide range of conditions, each with its own set of challenges and potential long-term effects. Here are some of the most common types:
- Cerebral Palsy: This is a group of disorders that affect a person’s ability to move and maintain balance and posture. It is caused by damage to the developing brain, often occurring before birth or during labor and delivery.
- Brachial Plexus Injuries: This refers to damage to the network of nerves that send signals from the spinal cord to the shoulder, arm, and hand. It can result in weakness, paralysis, or loss of sensation in the affected arm.
- Erb’s Palsy: This condition affects the nerves in the shoulder and arm, causing weakness or paralysis. It often results from injury to the brachial plexus during a difficult delivery.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage that occurs when the baby’s brain doesn’t receive enough oxygen and blood flow. This can lead to severe neurological problems, including cerebral palsy and intellectual disabilities.
- Fractures and Broken Bones: Babies can sustain fractures during delivery, particularly to the clavicle (collarbone) or humerus (upper arm bone).
- Facial Nerve Damage: Injury to the facial nerve can cause temporary or permanent weakness or paralysis of the muscles on one side of the face.
These are just a few examples of the many types of birth injuries that can occur. If you suspect your child has suffered a birth injury, it’s crucial to seek medical attention and consult with an experienced birth injury attorney.
Causes of Birth Injuries
While some birth injuries are unavoidable, many are caused by preventable factors, often related to medical negligence or substandard care. Here are some of the leading causes of birth injuries:
- Medical Negligence: This encompasses a wide range of errors and omissions by healthcare providers that can lead to birth injuries. Some examples include:
- Failure to properly monitor the baby’s condition during pregnancy and labor
- Delayed C-section or failure to perform a C-section when necessary
- Misuse of delivery tools such as forceps or vacuum extractors
- Improper management of complications during labor and delivery
- Inadequate Prenatal Care: Insufficient or inadequate prenatal care can increase the risk of birth injuries. This can include:
- Failure to diagnose and manage maternal conditions like preeclampsia or gestational diabetes
- Lack of proper monitoring for signs of fetal distress
- Failure to identify and address potential risk factors
- Labor and Delivery Complications: Certain complications during labor and delivery can increase the risk of birth injuries, even with proper medical care. These can include:
- Umbilical cord problems, such as prolapse or entanglement
- Shoulder dystocia, where the baby’s shoulder gets stuck behind the mother’s pelvic bone
- Breech birth complications, where the baby is positioned feet-first instead of head-first
- Medication Errors: Errors in medication administration during labor, such as giving the wrong medication or dosage, can also contribute to birth injuries.
Identifying the specific cause of a birth injury is crucial in determining liability and pursuing a medical malpractice claim.
Signs and Symptoms of Birth Injuries
Birth injuries can manifest in various ways, and some symptoms may not be immediately apparent. It’s crucial to be aware of the potential signs and seek medical attention if you suspect your child has suffered a birth injury. Here are some common indicators:
- Physical Symptoms in Newborns
- Difficulty breathing or irregular breathing patterns
- Weak or absent reflexes
- Seizures or tremors
- Unusual posture or muscle tone
- Facial paralysis or asymmetry
- Developmental Delays
- Missed developmental milestones, such as rolling over, sitting up, or crawling
- Difficulties with movement, coordination, or fine motor skills
- Speech delays or language difficulties
- Feeding or swallowing problems
- Behavioral Issues
- Signs of cognitive impairment, such as difficulty with learning or memory
- Attention deficit hyperactivity disorder (ADHD)
- Autism spectrum disorder
If you observe any of these signs or have concerns about your child’s development, consult with your pediatrician or a specialist immediately. Early diagnosis and intervention can make a significant difference in your child’s health and well-being.
The Impact of Birth Injuries on Families
A birth injury not only affects the child but also has a profound and lasting impact on the entire family. The challenges can be overwhelming, including:
- Emotional and Psychological Effects: Parents and siblings often experience a range of emotions, such as:
- Grief and sadness for the loss of the healthy child they anticipated
- Guilt and self-blame, even if the injury was not their fault
- Anxiety and fear about the child’s future
- Stress and strain on relationships due to the added responsibilities and emotional burden
- Financial Burden: The costs associated with caring for a child with a birth injury can be substantial, including:
- Ongoing medical expenses, such as doctor visits, surgeries, medications, and therapies
- Adaptive equipment and home modifications to accommodate the child’s needs
- Lost wages due to time off work to care for the child
- Potential loss of future income if a parent needs to leave the workforce to provide care
- Caregiving Challenges: Caring for a child with a birth injury can be physically and emotionally demanding, requiring:
- Constant supervision and assistance with daily tasks
- Frequent medical appointments and therapy sessions
- Modifications to routines and activities to accommodate the child’s needs
- Potential strain on other relationships and family members
- Future Planning: Families must also consider the child’s long-term needs, such as:
- Educational support and special education services
- Transition to adulthood and independent living
- Long-term care options and financial planning for the child’s future
Navigating these challenges can be overwhelming, and families often need support from medical professionals, therapists, and support groups.
Compensation in Birth Injury Cases
If your child’s birth injury was caused by medical negligence, you may be entitled to compensation to help address the unexpected burdens your family faces. Here are some of the types of compensation that may be available:
- Medical Expenses: This covers past and future medical costs related to the birth injury, including doctor visits, hospital stays, surgeries, medications, and ongoing therapies.
- Pain and Suffering: This compensates for the physical pain, emotional distress, and mental anguish experienced by the child and the family due to the birth injury.
- Loss of Earning Capacity: If the birth injury affects the child’s ability to earn income in the future, compensation may be awarded to account for this loss.
- Rehabilitation and Therapy Costs: This covers the costs of ongoing physical therapy, occupational therapy, speech therapy, and other rehabilitation services the child may need.
- Special Education and Care Needs: Compensation may be available for the costs of special education, specialized schooling, home modifications, assistive technology, and long-term care services.
The specific types and amount of compensation will depend on the severity of the injury, the child’s prognosis, and the specific circumstances of the case.
Choose Our Oklahoma City Birth Injury Lawyers
At Parrish DeVaughn, we understand the devastating impact a birth injury can have on a family. We approach every birth injury case with compassion and a commitment to securing justice for our clients. Our attorneys have a proven track record of success in handling complex birth injury cases, and we are dedicated to providing personalized attention and unwavering support to families during this difficult time.
We believe in a client-centered approach, prioritizing open communication and ensuring that you fully understand your legal options and the progress of your case. Our team is dedicated to fighting for the maximum compensation you deserve to help alleviate your financial burdens and provide for your child’s future needs. Plus, our No Fee Guarantee® means we’ll handle your case on a contingency fee basis, meaning you pay no fees unless we win.
If your child has suffered a birth injury, contact Parrish DeVaughn today for a free consultation. We are here to listen to your story, answer your questions, and help you explore your legal options.
