- posted: Jul. 18, 2023
- Medical Malpractice
The birth of a child is supposed to be a joyous occasion, but unfortunately, it can also result in birth injuries. Birth injuries are sustained by a newborn during delivery. The injuries can range from mild to severe. Some birth injuries can even result in permanent disabilities and are commonly due to labor and delivery. Medical Malpractice occurs when medical practitioners do not provide the reasonable care that is required. This is often considered medical negligence and can lead to difficulties during childbirth. There is a possibility that medical practitioners will deliver care that is negligent and that will harm the mother or the child. Medical malpractice during delivery can include but is not limited to failure to act in perilous circumstances; not identifying visible health issues; failure of care of the mother and the child after delivery; misuse of birthing instruments; and excessive force during delivery.
If your child has suffered a birth injury, there are different types of birth injuries and their causes. Hypoxic-ischemic encephalopathy (HIE) is one of the most serious birth complications affecting full-term infants, according to PubMed Central. When an infant does not receive enough oxygen during delivery, the infant may suffer this type of injury. HIE can lead to other disorders, such as cerebral palsy and developmental delays.
Cerebral Palsy is one of the most common birth injuries caused by medical malpractice. Cerebral palsy is a disorder that affects a person’s movement and coordination. According to CerebralPalsy.org, about 10,000 babies are born each year with cerebral palsy. Cerebral palsy can be caused by a lack of oxygen to the brain during delivery or trauma to the brain during delivery or immediately after birth. This disorder can often be prevented with reasonable care from the hospital and medical staff. Surgery and therapy are options that can be used to improve a child’s life. However, this disorder has no cure.
Brachial plexus injuries are another common birth injury. According to the National Library of Medicine (NIH), for every 1,000 live births, approximately 3 brachial plexus injuries occur. These injuries are caused when the nerves that control the arm and hand are damaged during delivery. Such damage can happen due to the baby’s position inside the uterus or when the baby’s shoulders are stuck inside the mother’s pelvis. Brachial plexus injuries can result in weakness or paralysis of the arm. A baby may also develop other problems, such as a broken clavicle, or Horner’s syndrome. Erb’s palsy is the most common type of brachial plexus injury, and according to the Birth Injury Justice Center, approximately two in every 1,000 children will be born with Erb’s Palsy. Unlike Cerebral palsy, which is caused by damage to the brain during delivery, Erb’s palsy is due to damage to the neck nerves. This disorder causes upper arm weakness, which may cause the shoulder and the upper arm to become paralyzed.
Facial nerve injuries are another prevalent type of birth injury where the facial muscles are injured during childbirth, facial paralysis and weakness can occur. These types of injuries are the most common, as they occur in 10 per 1,000 live births, according to the National Library of Medicine (NIH). These injuries are a result of pressure on the facial nerve due to forceps, the way the fetus was positioned in the uterus, or a nerve being pressed against the mother’s pelvis during child delivery.
Fractures can be caused during childbirth if forceps or vacuum extraction are employed. These fractures can cause discomfort and make mobility difficult. Skull fractures are the most common type of fracture during childbirth. These types of injuries are caused by the pressure from the instruments used during delivery.
If your child has suffered a birth injury, it is important to seek legal advice from an experienced birth injury lawyer. Your lawyer can help you understand your legal rights and options for seeking compensation for your child’s injuries. With the help of a knowledgeable and compassionate lawyer, you can hold the responsible parties accountable and ensure that your child receives the care and support they need to thrive.
Contact a committed New York birth injury attorney for a free consultation
Seeking justice for a birth injury? Consult a dedicated Long Island birth injury attorney at The Licatesi Law Group for a complimentary case evaluation. With our expertise, resources, and unwavering determination, we’ll assess your eligibility for financial recovery. Serving clients in Brooklyn, Uniondale, and across New York City. Contact us at 516-227-2662 or contact us online to schedule your free consultation.