Some babies develop physical injuries during the birth process. These injuries affect their health and development. Common birth injuries in Chicago, Illinois, include, but are not limited to, brachial plexus injuries, Erb’s Palsy, cerebral palsy, Hypoxic Ischemic Encephalopathy, and Cephalohematoma. While the effects of some of these injuries resolve on their own, others last for a lifetime.
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If your baby suffered birth injuries that were caused by a medical provider’s negligence, you have a right to recover compensation for your losses and hold all liable parties accountable. Call Ankin Law at 312-600-0000 for legal assistance. Initial consultations are free.
Are Birth Injuries the Same As Birth Defects?
Understanding the difference between a birth injury and a birth defect is vital as you are considering filing a birth injury claim. While the terms are sometimes used interchangeably, a birth injury is not the same as a birth defect. A birth injury may affect the baby or the mother, and usually occurs during childbirth, but can also happen during pregnancy or within a few hours of delivery. Birth injuries are usually caused by complications during pregnancy or labor, errors made by healthcare providers, and problems during the delivery process.
Birth defects, on the other hand, are structural or functional abnormalities that develop while a baby is in the womb, often during the first trimester of pregnancy. They can be caused by genetic factors, environmental influences, infections, or maternal health conditions. Examples include congenital heart defects, spina bifida, cleft lip and palate, and Down syndrome.
What Are the Most Common Birth Injuries?
Some of the most common birth injuries include:
Hypoxic Ischemic Encephalopathy (HIE)
This birth injury occurs when the brain is deprived of sufficient oxygen and blood flow to the brain prior to or during the labor and delivery process. This condition often occurs because of negligence, especially when medical practitioners fail to properly monitor and respond to signs of fetal distress from the electronic fetal heart rate monitor, or to the mother’s abnormal blood pressures or heart rate, excessive use labor-inducing medicines, or delay taking the mother for an emergency C-section. HIE is characterized by being delivered in a depressed state and needing resuscitation, abnormal muscle tone, poor feeding, irritability, and having abnormal reflexes. Some children can recover from this birth injury if early interventions are provided. However, some babies have permanent injuries that result in life-long care and rehabilitation, such as physical, speech, and occupational therapies.
Cerebral Palsy
Cerebral palsy is a lifelong condition that affects a child’s brain. Around 4 out of 1000 children are born with cerebral palsy. This neurological disorder affects the body movements, motor skills, and muscle tone.
Cerebral palsy falls into different categories depending on the areas of the body affected. Spastic cerebral palsy, for example, causes the baby to experience exaggerated reflexes and stiff muscles, causing spasticity. Dyskinetic cerebral palsy, on the other hand, causes the baby to have involuntary body movements.
While most children get Cerebral Palsy in the absence of medical negligence, this may also occur as a result of medical negligence. Different factors contribute to the occurrence of cerebral palsy, but the most common contributors include the following, and may be the result of medical negligence:
- Premature birth
- Infections during pregnancy
- Birth asphyxia/Hypoxic Ischemic Encephalopathy (“HIE”)
- Chronic infections such as meningitis
Cerebral palsy symptoms vary depending on the severity of brain damage. However, the most common signs include delayed milestones, poor posture and muscle control, difficulty walking, unusual gait, and involuntary movements. Other signs include speech and language development difficulties, seizures, skeletal deformities, and hearing and vision problems.
Cerebral palsy lacks a specific treatment. Fortunately, you can improve your child’s quality of life through physical and occupational therapies, speech therapies, and medications.
Brachial Plexus/Erb’s Palsy Injury
Erb’s Palsy is a brachial plexus nerve injury that affects the nerves controlling the muscles and sensations in the baby’s arm, shoulder, and hand. This condition may occur when a mother experiences prolonged labor due to a baby’s large size, or when the baby is in a breech position. A baby’s shoulders can get trapped behind the pelvic bone, causing a stretch or tear injury to the brachial plexus nerves, or medical practitioners might use forceps or vacuum extractors which might overstretch the brachial plexus nerves controlling the arm’s sensation and movements. These injuries are classified into different subgroups, depending on the severity of nerve damage. The most common subgroups include neuroma, neurapraxia, rapture, and avulsion.
Some signs of Erb’s Palsy include paralysis or arm weakness, loss of reflexes, muscle atrophy, or the baby’s hand assuming the waiter’s tip position. Less severe cases of Erb’s palsy resolve on their own within 12 months, while more advanced cases may require you to seek physical therapy or surgery.
These injuries can often be prevented by knowing prior to delivery that due to the baby’s anticipated large size a cesarean section (i.e. c-section) delivery should be done, avoiding the baby getting trapped by the pelvic bone and encountering a stretch or tear injury to the brachial plexus nerves.
What Are Some Causes of Birth Injuries?
Birth injuries can occur during pregnancy, labor and delivery, or shortly after the baby is born. They usually happen because of uterine complications, medical errors, or the baby’s size or position during birth.
Large Babies
Babies weighing above 8 pounds and 13 ounces are at higher risk of birth injuries, such as shoulder dystocia, fractures, Cephalohematoma, and nerve damage. This is because their large size makes it easier for them to get stuck behind the mother’s pelvic bone, complicating the delivery process.
Prolonged Labor
Mothers who experience dystocia, or difficult labor, are at a higher risk of giving birth to babies with birth injuries, as there is increased stress and pressure exerted on the baby’s head and body. Prolonged labor may also cause fetal distress. As such, the doctor may need to use forceps, vacuum extractors, or perform an emergency C-section, which increases risks of complications.
Cephalopelvic Disproportion
Some mothers have a smaller pelvis, which can hinder natural delivery. Delivery becomes even more difficult if the baby has an abnormally large head or is in a breech position. Failure to perform a timely emergency C-section can lead to birth injuries such as cephalohematoma and cerebral palsy.
Maternal Obesity
Mothers with obesity have a higher risk of giving birth to babies with birth injuries, as excess weight can complicate delivery. Obesity can contribute to prolonged labor, pelvic and uterine complications, and increased difficulty during birth. These factors may lead to injuries such as fractures, brachial plexus injuries, and hypoxic brain injuries.
When Should You Contact a Birth Injury Lawyer?
Mothers whose babies have sustained birth injuries have the right to take legal action if they suspect medical negligence. Here are a few situations where contacting a birth injury lawyer may be necessary.
As Soon as You Suspect Birth Injury
Contact your lawyer immediately if your child shows unusual symptoms, such as deformities, bruising, swelling, delayed motor skills, fractures, seizures, or difficulty moving their arms or legs.
If You Suspect Negligence Caused an Injury
Seek legal advice if you believe medical negligence played a role in your child’s injury. This may include situations where:
- A doctor failed to monitor you or your baby during labor.
- Medical staff did not respond to complications promptly.
- Delivery tools, such as forceps or vacuum extractors, were used incorrectly.
- Medications were administered improperly.
- An emergency C-section was not performed when necessary.
If the Birth Injury Requires Additional Medical Care
If your child’s birth injury is severe and requires surgery, hospitalization, or long-term medical care, consulting a birth injury lawyer is crucial. Your attorney will review the evidence to determine whether medical negligence caused the injury, consult with medical experts, and represent you in court to help you get full and fair compensation.
If you suspect that your baby suffered birth injuries, you don’t have to face this alone. Let Ankin Law help you get fair compensation for your losses. Contact us today for a free case review.
