A birth injury is a trauma or injury that results from events that take place during a baby's birth. Birth injuries are not always caused by medical malpractice, but they do form the basis for a significant number of medical malpractice cases. When a child suffers a severe birth injury, the result can be especially tragic because the effects of that injury will follow him or her for a lifetime, significantly affecting his or her future and quality of life.
Most birth injuries are mild and disappear after a few weeks. Those considered more serious, which may form the basis for a medical malpractice lawsuit, include:
- Erb's palsy, a type of brachial palsy, caused by damage to the nerves that connect the brain and the arm. This damage, often caused by forceps pulling on the child during birth, paralyzes the child's arm, hand or both. In severe cases, the eyelid on the same side may droop. The condition sometimes goes away on its own, but in other cases, it may be a lifelong disability for the child requiring therapy and surgeries.
- Cerebral palsy, caused by oxygen deprivation during birth. The lack of oxygen causes brain damage, which affects how the body's muscles work. Cerebral palsy patients may have trouble moving, speaking or swallowing; and muscle tightness or spasms. Because it is caused by brain damage, it's a lifelong disability requiring extensive physical therapy, medications, surgeries or support.
- Infant head injuries, which can be minor or serious. Because babies' heads come through the birth canal first, they're subject to significant pressure, which can cause swelling, bruising and broken blood vessels. These should go away quickly, but may be complicated by jaundice or a large blister on the skull called a cephalohematoma. Occasionally, a child's skull plate can break during delivery, which can cause serious problems if it is indented into the brain.
- A broken collarbone. If the child is unusually large or the mother's pelvis is unusually shaped or small, they can develop a condition during birth called shoulder dystocia, in which the child's shoulder is literally stuck behind the mother's pelvis. Doctors won't allow this to go on very long, because shoulder dystocia can deprive the child of oxygen. The child's collarbone may break accidentally, or doctors may choose to break it (or the mother's pelvis) in order to continue the birth.
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