Birth traumas are some of the most tragic, and often-preventable injuries humanity has to face. When you entrust your child’s delivery to a hospital, you’re putting your life (and your child’s life) in their hands. When they make a mistake due to negligence, you may need to take legal action. You can gain the money you need to pay for medical treatments and receive settlements that will help pay for the damages and suffering that you’ve had thrust upon you. Five birth trauma types typically lead to lawsuits in the United States:
1. Nerve and Spinal Cord Injuries
Spinal cord and nerve-related injuries are the most serious form of birth trauma that families must deal with. While they are not the most common, they are common enough to be a major concern for all medical professionals involved in a delivery. Extra precautions are taken during the birth if doctors determine that the infant being delivered is at risk of injury. However, this process does not always go smoothly. We are all human, after all. When a parent or child is injured during the birthing process, it’s time to contact an experienced birth injury attorney. They can help you gain the restitution you deserve, and hold any negligent medical professional responsible for their actions. Because this process can involve several medical boards, the process is often more complex than your typical personal injury lawsuit. However, your legal rep can help you navigate this difficult, confusing time.
2. Intra-abdominal Birth Injuries
Although much rarer than the other four common birth traumas on this list, intra-abdominal birth injuries can still occur during the delivery process. Typically, this occurs due to a lack of knowledge about a pre-existing problem with the infant’s digestive system (and the surrounding organs) pre-delivery. Intra-abdominal injuries can vary wildly, but small intestinal perforation, liver laceration, adrenal hemorrhages, and jejunal hematoma are particularly common. Since this type of birth trauma is much rarer, however, it is not the focus of many birth injury-related lawsuits. Medical practice standards, and the advancement of medical technology as a whole, have helped to make these birth traumas exceedingly rare. The more research that’s done, the fewer birth injuries will occur.
3. Brain and Soft Tissue Injuries
The mixture of brain and soft tissue injuries makes up the third core type of birth traumas that lead to lawsuits. Brain-related hemorrhages are particularly common during births that don’t go as planned. Some of these hemorrhages end up being life-threatening, while others lead to long-term, or even lifelong injuries/disorders. The causes of brain and soft tissue injuries are vast, so simply trusting the doctors delivering the child to give them the best medical care possible is key. If your infant or the delivering parent is injured due to negligence, then it may become necessary to file a medical malpractice lawsuit against the hospital (or a particular medical professional that was involved).
4. Bone Birth Injuries
Not all deliveries go as planned. When doctors have to handle a breech delivery, many injuries can occur. Fractures, and other bone injuries, are especially common during these types of emergency deliveries. With larger infants, the chance of a shoulder dystocia birth becomes more likely as well. Once again, the types of bone injuries that can occur vary wildly but tend to deal with either the shoulder or arms of the infant. Long-bone fractures and bone-cartilage separations are some of the most common injuries infants can sustain during delivery. In some rare cases, a small fracture or break may be required to safely deliver the infant, and protect the health (or even life) of the parent. In most cases, however, the bone injuries are minor and heal rather quickly.
5. Peripheral Nerve Birth Injuries
More commonly referred to as “Erb’s Palsy,” peripheral nerve birth injuries occur when the infant’s brachial plexus are injured during the birthing process. The brachial plexus controls nerves for the arms and hands, so when they are injured, it causes an inability for the infant to control its limbs effectively. While many cases of this trauma can be corrected and treated effectively, some cases, especially severe ones, can lead to permanent damage (including paralysis, Erb’s Palsy, and other traumatic conditions). Improper use of forceps during the delivery has often been linked to this type of traumatic birth injury. However, cases, where this trauma occurs, have remained fairly rare. Thankfully, the vast majority of births in the United States go off without a hitch – allowing families to leave the delivery room filled with joy.
