Birth Injury FAQ

A birth injury is harm suffered by a baby or mother during pregnancy, labor, delivery, or the immediate newborn period.

Some birth injuries are unavoidable despite appropriate medical care. Others occur because healthcare providers fail to recognize warning signs, respond appropriately to complications, or provide treatment that meets accepted medical standards.

A birth injury is generally caused by events occurring before, during, or shortly after delivery.

A birth defect is a medical condition that develops during pregnancy and is typically unrelated to the delivery process.

Determining the cause of a child’s condition often requires review by qualified medical experts.

Common birth injury cases include:

– Cerebral palsy
– Hypoxic-ischemic encephalopathy (HIE)
– Brain injury caused by oxygen deprivation
– Brachial plexus injuries
– Erb’s palsy
– Shoulder dystocia injuries
– Skull fractures
– Intracranial hemorrhage
– Seizure disorders
– Permanent neurological injury

HIE is a serious brain injury caused by a lack of oxygen and blood flow to the brain before, during, or shortly after birth.

If not recognized and treated promptly, HIE can result in:

– Cerebral palsy
– Developmental delays
– Cognitive impairment
– Seizure disorders
– Permanent neurological injury

Cerebral palsy is a group of neurological disorders affecting movement, muscle control, and coordination.

Although cerebral palsy can occur for many reasons, some cases are associated with preventable oxygen deprivation or other complications during labor and delivery.

Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery.

This obstetrical emergency requires prompt recognition and proper management.

Improper handling of shoulder dystocia can cause:

– Brachial plexus injuries
– Erb’s palsy
– Fractures
– Permanent nerve damage

Erb’s palsy is an injury to the brachial plexus nerves that control movement and sensation in the shoulder, arm, and hand.

Some children recover fully, while others experience permanent weakness or disability.

Yes.

One of the most common allegations in birth injury litigation involves the failure to perform a timely Cesarean section when fetal distress or other complications are present.

Delays can increase the risk of:

– Oxygen deprivation
– Brain injury
– Permanent neurological damage
– Death

Fetal distress refers to signs that a baby may not be tolerating labor well.

Warning signs may include:

– Abnormal fetal heart rate patterns
– Prolonged decelerations
– Loss of variability
– Signs of oxygen deprivation

Healthcare providers must appropriately recognize and respond to these findings.

Electronic fetal monitoring tracks a baby’s heart rate during labor.

These monitoring strips often become critical evidence in birth injury cases because they can reveal whether signs of fetal distress were present before delivery.

Yes.

Depending on the circumstances, liability may involve:

Obstetricians
Maternal-fetal medicine specialists
Nurses
Midwives
Hospitals
Healthcare systems

A thorough investigation is often necessary to determine who bears responsibility.

Examples include:

– Failure to recognize fetal distress
– Failure to perform a timely C-section
– Improper use of forceps
– Improper use of vacuum extraction
– Failure to monitor labor appropriately
– Failure to respond to umbilical cord complications
– Medication errors during labor
– Failure to recognize maternal complications

Our attorneys work with leading obstetrical, neonatal, and neurological experts to determine:

– What occurred during labor and delivery;
– Whether the standard of care was violated;
– Whether earlier intervention would have prevented injury; and
– The nature and extent of the child’s future needs.

Depending on the circumstances, compensation may include:

– Past medical expenses
– Future medical expenses
– Physical therapy
– Occupational therapy
– Speech therapy
– Assistive technology
– Specialized education costs
– Home modifications
– Lost earning capacity
– Pain and suffering

Because many birth injuries involve lifelong care needs, damages can be substantial.

Some children recover completely.

Others may require lifelong medical treatment, therapy, educational support, and personal assistance.

The long-term impact depends on the nature and severity of the injury.

Every case is different.

Factors affecting value include:

– Severity of the injury
– Future care requirements
– Life expectancy
– Need for assistive devices
– Educational needs
– Lost earning capacity
– Pain and suffering

Comprehensive life-care planning and economic analysis are often necessary to evaluate damages.

The deadline depends on the state, the child’s age, and the circumstances of the case.

Because birth injury cases involve complex limitations issues, parents should consult an attorney as soon as they suspect negligence may have occurred.

Key records often include:

– Prenatal records
– Labor and delivery records
– Fetal monitoring strips
– Nursing notes
– Operative reports
– Neonatal records
– NICU records
– Imaging studies
– Developmental evaluations

These records frequently provide critical evidence regarding what happened during labor and delivery.

Birth injury cases are among the most complex and important cases in the legal system. They require extensive medical knowledge, significant resources, and close collaboration with highly qualified experts.

At Shadoan, Michael & Wells, LLP, we represent children and families affected by preventable birth injuries, including:

– Cerebral palsy
– Hypoxic-ischemic encephalopathy (HIE)
– Delayed C-section injuries
– Shoulder dystocia injuries
– Brachial plexus injuries
– Neurological injuries caused by oxygen deprivation

We work with leading obstetrical, neonatal, neurological, and life-care planning experts to investigate what happened, determine whether negligence occurred, and pursue the resources families need for the future.