Birth injuries can have lasting, profound impacts on the lives of children and their families. When such injuries are the result of medical negligence, the importance of holding responsible parties accountable cannot be overstated. At Sexner Injury Lawyers LLC, our dedicated team of medical malpractice attorneys works diligently to help families impacted by birth injuries secure financial compensation and of equal importance, a measure of justice. This article covers essential information for those affected by birth injuries, explaining why legal assistance is crucial and how Sexner Injury Lawyers LLC can help.
What is Considered a Birth Injury?
A birth injury is any harm or injury sustained by a newborn before, during, or shortly after childbirth. Unlike congenital disabilities, which are usually caused by genetic or environmental factors during pregnancy, birth injuries are often the result of physical trauma or medical complications occurring during delivery. In many cases, birth injuries are preventable and are caused by negligence or errors made by healthcare providers.
How Common are Birth Injuries?
While medical advancements have significantly reduced birth injury rates, they still occur more often than most people realize. Approximately 1 in nearly 10,000 births in the United States involves a birth injury, according to recent data. This may seem rare, but each year thousands of families experience the hardship of a preventable birth injury. Recognizing the risks and knowing the signs are crucial in advocating for both the mother’s and child’s well-being during and after childbirth.
What are Some Common Childbirth Problems?
A number of complications may arise during childbirth, including:
1. Prolonged Labor
Prolonged labor, also known as “failure to progress,” occurs when labor lasts longer than 20 hours for first-time mothers or more than 14 hours for women who have previously given birth. Prolonged labor can result from various factors, such as weak contractions, an unusually large baby, or a small or misshaped pelvis.
Risks and complications:
- Increased risk of maternal exhaustion
- Higher likelihood of infections for both mother and baby
- Increased chance of fetal distress
- Higher probability of requiring medical interventions like cesarean section or assisted delivery (forceps or vacuum extraction)
Management and treatment:
- Augmentation with oxytocin: This hormone helps stimulate contractions, potentially speeding up labor.
- Amniotomy: The doctor may rupture the amniotic sac artificially to speed up labor if it hasn’t broken naturally.
- Rest and hydration: In cases of exhaustion, healthcare providers may encourage rest or provide IV fluids to boost energy levels.
- Cesarean section: If other interventions are unsuccessful or if the baby shows signs of distress, a cesarean delivery may be necessary.
2. Umbilical Cord Complications
The umbilical cord is essential for delivering nutrients and oxygen to the baby, but it can sometimes lead to complications during delivery. Common issues include nuchal cord (cord wrapped around the baby’s neck), cord prolapse (cord slips into the birth canal before the baby), and true knots in the cord.
Risks and complications:
- Restriction of oxygen and nutrient flow to the baby, potentially causing fetal distress or brain damage.
- Increased risk of stillbirth if the oxygen supply is significantly compromised.
- Higher likelihood of requiring emergency cesarean delivery, especially in cases of cord prolapse.
Management and treatment:
- Monitoring: Fetal heart rate monitoring helps detect distress, allowing quick action if necessary.
- Manually moving the cord: In cases of cord prolapse, the healthcare provider may try to manually relieve pressure off the cord.
- Cesarean section: If the cord issue cannot be resolved during vaginal delivery, a cesarean may be required to protect the baby’s health.
3. Breech and Abnormal Positioning
A breech presentation occurs when the baby’s buttocks or feet are positioned to emerge first rather than the head. Other abnormal positions include transverse lie (baby is lying sideways) or face presentation (baby’s face is directed toward the birth canal). Breech and abnormal positions can make vaginal delivery more difficult or risky.
Risks and complications:
- Higher risk of birth injuries or trauma, as the baby may not exit smoothly.
- Increased risk of umbilical cord prolapse in some breech presentations.
- Possible need for cesarean delivery to prevent complications.
Management and treatment:
- External cephalic version (ECV): In the weeks leading up to delivery, a doctor may attempt to turn the baby manually to a head-first position.
- Cesarean section: If ECV is unsuccessful or not recommended, a planned cesarean may be the safest option.
4. Perinatal Asphyxia
Perinatal asphyxia refers to a lack of oxygen and blood flow to the baby before, during, or immediately after birth. This condition can have lasting effects on the baby’s brain and other organs if prolonged. Common causes include placental abruption, umbilical cord issues, or prolonged labor.
Risks and complications:
- Risk of brain damage, leading to conditions such as cerebral palsy or intellectual disabilities.
- Potential damage to other organs, such as the heart, liver, and kidneys.
- In severe cases, risk of stillbirth or neonatal death.
Management and treatment:
- Immediate resuscitation: If the newborn shows signs of asphyxia, medical staff may perform resuscitation to restore normal breathing and oxygen levels.
- Therapeutic hypothermia: This treatment involves cooling the baby’s body to reduce brain injury risks, often used for babies showing moderate to severe symptoms.
- Monitoring and supportive care: Newborns with perinatal asphyxia may require ongoing care in the neonatal intensive care unit (NICU).
5. Abnormal Fetal Heart Rate
Monitoring the fetal heart rate (FHR) is an essential part of labor, as changes in heart rate can indicate fetal distress. An abnormal heart rate may be too high (tachycardia) or too low (bradycardia) and can be a sign of oxygen deprivation or other issues.
Risks and complications:
- Increased risk of complications like hypoxia, which can lead to brain injury.
- May indicate other complications, such as umbilical cord compression or placental problems.
- Increased likelihood of emergency interventions, such as cesarean delivery.
Management and treatment:
- Position changes: Sometimes, adjusting the mother’s position can relieve pressure on the umbilical cord or improve blood flow to the baby.
- Oxygen for the mother: Providing supplemental oxygen may help increase the baby’s oxygen levels.
- Cesarean section: If fetal distress is severe and unresponsive to other measures, a cesarean may be necessary.
6. Shoulder Dystocia
Shoulder dystocia is when during delivery, the baby’s shoulder becomes stuck back behind the mother’s pubic bone which prevents a smooth delivery. This complication often occurs in larger babies or mothers with diabetes.
Risks and complications:
- Potential for brachial plexus injury, which can affect the baby’s arm movement and strength.
- Increased risk of postpartum hemorrhage for the mother.
- Risk of fetal hypoxia if the baby’s head is delivered but the body remains stuck.
Management and treatment:
- McRoberts maneuver: This involves repositioning the mother’s legs to widen the pelvis and potentially help the baby emerge.
- Suprapubic pressure: A provider may apply pressure on the mother’s abdomen to help release the baby’s shoulder.
- Episiotomy or cesarean section: In severe cases, an episiotomy (surgical cut to widen the vaginal opening) or a cesarean delivery may be necessary.
7. Postpartum Hemorrhage
Postpartum hemorrhage (PPH) refers to excessive bleeding after delivery, usually defined as losing more than 500 milliliters of blood after a vaginal birth or 1,000 milliliters after a cesarean. This condition can be life-threatening if not managed quickly.
Risks and complications:
- Risk of shock or organ damage from blood loss.
- Increased likelihood of blood transfusions or intensive care.
- Potential complications with future pregnancies due to scar tissue or weakened uterine muscles.
Management and treatment:
- Medications: Drugs like oxytocin or misoprostol can stimulate uterine contractions and reduce bleeding.
- Manual uterine massage: The healthcare provider may apply massage to encourage the uterus to contract.
- Surgical intervention: In severe cases, surgery or a hysterectomy may be necessary to control bleeding.
Healthcare providers are expected to identify and properly respond to these situations to prevent injury.
Is Birth Trauma the Same as a Birth Injury?
While often used interchangeably, birth trauma and birth injury differ in certain aspects. Birth trauma specifically refers to physical injuries resulting from the mechanical forces applied during labor and delivery. Birth injury, however, is a broader term that encompasses both physical and neurological damage caused by various factors, including trauma, oxygen deprivation, or infections during childbirth. While birth trauma may resolve over time, birth injuries often lead to long-term disabilities or developmental delays.
What are Common Birth Injuries?
Birth is a delicate process, and despite advances in medical care, birth injuries can still occur. Birth injuries range from minor temporary issues to more severe, lasting complications that can impact a child’s development. Understanding these injuries helps families and healthcare providers better manage risks and implement preventive or treatment measures when necessary. Some of the most common birth injuries that may affect a newborn include:
1. Cerebral Palsy (CP)
Cerebral Palsy (CP) is one of the most prevalent birth injuries and can result from damage to a newborn’s brain during labor, delivery, or shortly after birth. CP affects movement, balance, and muscle tone. Types of CP include spastic, ataxic, and dyskinetic, with symptoms ranging from mild to severe. The primary causes of CP are oxygen deprivation (asphyxia or hypoxia) and trauma to the brain. Symptoms may not appear immediately but develop within the first few years as delayed milestones, motor difficulties, or speech impairments. Although CP has no cure, therapies, medications, and sometimes surgical interventions can help manage symptoms.
2. Brachial Plexus Injury
Brachial plexus injuries affect the network of nerves that send signals from the spinal cord to the shoulder, arm, and hand. These injuries often result from shoulder dystocia during delivery, where the infant’s shoulder becomes lodged in the birth canal. This type of injury can lead to Erb’s Palsy or Klumpke’s Palsy, both of which limit movement and strength in the arm or hand. Mild cases may resolve on their own, while more severe cases may require physical therapy, nerve grafting, or other surgical interventions to restore function.
3. Bone Fractures
Bone fractures, especially in the collarbone or clavicle, are relatively common birth injuries, particularly in larger babies or difficult deliveries. Fractures can result from the pressure exerted during delivery, especially in breech or shoulder dystocia cases. Although distressing, these fractures generally heal well in newborns, often requiring immobilization, and the bone typically recovers within weeks.
4. Asphyxia
Asphyxia refers to the deprivation of oxygen during birth, which can have immediate and lasting effects on a newborn’s health. Asphyxia can be caused by umbilical cord issues, placental abruption, or prolonged labor. When oxygen supply is compromised, a newborn’s organs, particularly the brain, can sustain damage. Immediate intervention, such as resuscitation and oxygen support, is crucial to minimize damage.
5. Hypoxia
Hypoxia, like asphyxia, involves reduced oxygen flow to a newborn’s tissues. It differs from asphyxia in that hypoxia can develop more gradually, often due to maternal health issues or placental insufficiency. Prolonged hypoxia can lead to severe neurological damage, including CP or intellectual disabilities, and warrants close monitoring and sometimes emergency delivery interventions to prevent complications.
6. Spinal Cord Damage
Spinal cord damage during birth is rare but can be life-altering. It may occur due to excessive force during delivery, especially in breech presentations. Injuries can range from mild (leading to temporary weakness) to severe (resulting in partial or complete paralysis). Depending on the extent of the injury, children may need extensive physical therapy or surgery to optimize mobility and function.
7. Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-Ischemic Encephalopathy (HIE) is a severe brain injury resulting from prolonged oxygen deprivation during birth. It can lead to various neurological impairments, including CP, epilepsy, and developmental delays. HIE is usually diagnosed within hours of birth and treated with therapeutic hypothermia, where the infant’s body temperature is lowered to reduce brain swelling and limit brain damage. Long-term monitoring and therapy are crucial for children affected by HIE.
8. Intracranial Hemorrhage
Intracranial hemorrhage, or bleeding within the brain, can result from physical trauma during birth. Risk factors include prematurity, prolonged labor, and the use of birth-assisting tools like forceps or vacuum extractors. Types of hemorrhages include subarachnoid, subdural, and intraventricular, each affecting different brain regions. Symptoms vary, from seizures to irritability and respiratory issues, and prompt diagnosis and treatment are essential to prevent long-term complications.
9. Cognitive Delays
Cognitive delays may stem from injuries like hypoxia, HIE, or intracranial hemorrhage. These delays can impact learning, memory, problem-solving, and social skills. Cognitive delays may not be immediately noticeable but become apparent as developmental milestones are missed. Early intervention through cognitive therapies, behavioral interventions, and specialized education can help children develop to their full potential.
10. Periventricular Leukomalacia (PVL)
Periventricular Leukomalacia (PVL) is a form of white matter brain damage common in premature infants and results from reduced blood or oxygen flow to the brain. PVL may lead to motor disorders, particularly spastic CP, and cognitive impairments. PVL is diagnosed through brain imaging, and while there’s no cure, physical and occupational therapies can aid in managing symptoms.
11. Broken Bones
In addition to the collarbone, other bones can break during delivery, especially in larger infants or difficult births. Breaks can occur in the arms, legs, or ribs, typically due to force during a complicated delivery. Like other fractures, broken bones in newborns often heal with immobilization and typically do not lead to long-term issues if managed promptly.
Each of these injuries can lead to life-altering consequences for the child and significant emotional and financial strain on the family.
How Can an Experienced Medical Malpractice Law Firm Help?
When birth injuries result from negligence, an experienced medical malpractice attorney can help in several ways. By immediately securing and investigating the medical records, consulting with experts, and building a strong case, attorneys ensure that responsible parties are held accountable. Sexner Injury Lawyers LLC has a history of advocating for families affected by birth injuries, helping them understand their rights, and fighting for the compensation they deserve.
Why is it Important to Contact an Attorney as Soon as Possible?
Medical malpractice cases are time-sensitive. Evidence can be lost, and memories fade, making it critical to consult with an attorney promptly. Contacting an attorney right away also ensures that families have ample time to prepare their case before reaching the statute of limitations (the time limit to file a lawsuit before all rights to file such a suit are lost).
What is Required to File a Birth Injury Lawsuit in Illinois?
In Illinois, proving a birth injury claim requires demonstrating that:
- The healthcare provider owed a duty of care: Physicians and medical staff are legally bound to provide competent and safe care.
- The duty was breached: This includes errors in judgment, miscommunication, or failure to act.
- The breach caused harm: There must be a direct link between the breach of duty and the injury sustained.
- Damages: Families must demonstrate the economic and non-economic damages resulting from the injury.
With very few exceptions, a lawsuit must be first filed in the proper court before the Statute of Limitations period expires, accompanied by a medical affidavit which swears that a medical professional reviewed medical records along with the case facts. This affidavit must state that the medical professional has determined that there is both a meritorious and reasonable cause for this lawsuit. In other words, it must state that the lawsuit is not frivolous or a waste of time for the court system. Sexner Injury Lawyers LLC has the resources necessary to guide families through each important step of this process.
Is There a Time Limit to File a Birth Injury Lawsuit in Illinois?
Illinois law typically allows two years from the date of the injury to file a regular injury claim for an adult. But Illinois law provides additional time in cases involving minors and birth injuries. Also, the statute of limitations may also be further extended as some birth injuries may not be immediately apparent and for those with certain disabilities. It is very important to consult with an attorney as quickly as possible to avoid losing your right to file such a lawsuit.
What Types of Financial Compensation are Available in Birth Injury Cases?
Families affected by birth injuries may be entitled to several types of compensation:
- Medical expenses: Including immediate and ongoing treatment costs.
- Therapy and rehabilitation: For physical, occupational, and speech therapy.
- Pain and suffering: Compensation for the emotional impact on both the child and family.
- Future care needs: To cover lifelong care for serious conditions.
- Lost income potential: If the child’s future ability to work will be affected.
Sexner Injury Lawyers LLC always fights to secure maximum compensation for our clients’ families so that they can provide the very best care for their child. Many millions have already been collected for our clients.
Does Sexner Injury Lawyers LLC Charge a Fee?
Sexner Injury Lawyers LLC operates on a contingency fee basis, meaning that there are never any fees unless we win your case. This ensures that families can pursue justice without upfront financial burdens and can focus on recovery instead of legal costs.
Sexner Injury Lawyers LLC / Medical Malpractice Lawyers Since 1990
At Sexner Injury Lawyers LLC, our dedicated team is available 24/7 to represent families dealing with medical malpractice cases, including birth injuries. We also handle cases involving failure to diagnose, anesthesia errors, misdiagnosis, surgical negligence, and wrongful death. Our firm has secured millions of dollars in settlements and verdicts, and we remain committed to advocating tirelessly on behalf of our clients and their families. For compassionate, confidential and skilled representation, reach us anytime at (312) 243-9922.
