In all the excitement of pregnancy, you may have never thought your baby might be injured in delivery. Birth injuries can turn a joyous occasion into lifelong pain, distress, and difficulty for both the child and the family.
Here is everything you need to know about the causes, signs, and symptoms of common birth injuries — and how a Florida birth injury lawyer may be able to help you hold negligent parties responsible.
Causes and Risk Factors for Birth Injuries
Many birth injuries are caused by human error. Common actions that can lead to birth injuries include:
- Not following proper delivery procedures
- Incorrect or excessive use of tools like forceps and vacuums
- Errors in prescribing or administering epidurals and other medications
- Not recognizing or mishandling fetal distress and high-risk situations
- Negligence in prenatal care
Several factors can also put babies at risk of experiencing birth injuries.
These factors can include:
- Higher birth weight
- Prolonged labor
- Premature birth
- Active infections
- Abnormal fetal positions like breech, face, or brow presentation or transverse lie
- Maternal health conditions like obesity, high blood pressure, and gestational diabetes
These risk factors won’t necessarily mean that a baby will suffer a birth injury. When doctors are knowledgeable and careful, many babies facing these risk factors are born without issues.
The Most Common Types of Birth Injuries
Various injuries can occur during the process of labor and delivery. Take a closer look at some of the most common that babies experience.
Brachial Plexus Injuries
Brachial plexus injuries like Erb’s palsy are caused by nerve damage in the shoulders, arms, or hands. This can result in weakness, loss of muscle function, or even complete paralysis.
Studies show that the most common cause is traction of the neck or muscle tearing during delivery, which sometimes occurs when doctors use excessive force to deliver large or abnormally positioned babies. It may also happen if a doctor doesn’t perform an emergency C-section in time.
Brain Injuries
Brain injuries often occur due to oxygen deprivation or a traumatic head injury caused by the improper use of tools like forceps or vacuum extractors. Cerebral palsy is one type of these injuries, with a prevalence rate of one to four per 1,000 live births. This condition can result in a wide range of disabilities, from speech and motor skill impairments to vision loss and seizures.
Hypoxic-ischemic encephalopathy (HIE) is a condition caused by oxygen deprivation, sometimes due to a failure to monitor for or respond to fetal distress or a prolapsed umbilical cord. This condition can lead to permanent physical and cognitive challenges.
Bone Fractures and Facial Nerve Damage
Fractures and bone injuries can occur if babies face issues coming through the birth canal. When this happens, doctors may use forceps or a vacuum extractor or try to pull the baby out.
If the force is too excessive, it may fracture the baby’s skull, clavicle, or other bones. As a result, children can be burdened with lifelong pain, nerve damage, or disfigurement. Pressure from forceps can also cause facial nerve damage, which can lead to facial asymmetry, difficulty feeding, and vision issues.
How to Recognize Signs of a Birth Injury in Your Child
Some birth injury signs may be evident to both you and the doctor. However, not all symptoms are immediately noticeable. If you find yourself wondering whether your child has a birth injury, some signs you can look for include:
- Curled hands
- Retracted arms
- Poor reflexes
- Seizures
- Difficulty suckling
- Excessive drooling
- Poor balance
- Excessive high-pitch crying
- Arching of the back while crying
- Low heart rate or oxygen levels
- Delayed development
- Muscle spasms, stiffness, or looseness
- Poor response to light, sounds, or other stimuli
Not all of these symptoms are caused by a birth injury, but they should be investigated as soon as possible to determine the cause.
Who May Be Liable for a Birth Injury in Florida?
There may be several people or entities that can be held liable for a birth injury, including:
- Doctors: Failure to diagnose or treat conditions or respond to emergencies promptly
- Nurses: Failure to accurately interpret vital signs or monitor the mother and baby
- Hospitals: Negligent policies, inadequate staffing, or failure to maintain equipment
- Medical Device and Pharmaceutical Manufacturers: Defects in medication or medical devices or failure to disclose usage risks
Often, who can be held liable depends on the root cause of the birth injury.
FAQ
How Do I Know if a Doctor's Error Caused a Birth Injury?
You need to know the root cause of the birth injury to determine whether a doctor’s error is what led to it. A birth injury attorney can consult medical experts to determine the cause of your baby’s injury.
Can I Sue a Doctor if My Baby Was Injured During Birth?
You can sue a doctor for a birth injury, but the results of your case may depend on your ability to prove medical malpractice or wrongful death.
Is There a Time Limit for Birth Injury Lawsuits?
Florida typically enforces a statute of limitations of two years from the incident date or the reasonable time of injury discovery. In some cases, Tony’s Bill may allow parents to bring a lawsuit up until the child’s eighth birthday.
How a Florida Birth Injury Lawyer Can Help You Seek Compensation
Birth injuries cause much more than emotional distress. Children may need costly lifelong treatment, and caring for an injured child can lead to lost wages for parents as well.
Fortunately, a skilled Florida birth injury lawyer can work alongside medical experts to help you prove a medical professional’s negligence and seek the compensation you deserve.
Turn to a Trusted Birth Injury Attorney Today
If your baby was injured during the delivery process, the experienced team at Ratzan Weissman & Boldt may be able to help. As a premier boutique law firm, we are dedicated to providing every client with exceptional, personalized service. Contact us to schedule a free consultation today.