Birth injuries can be mitigated through proper diagnosis and accounting of maternal medical history. Doctors must ensure that both mother and child are safe from any potential long-term nerve impairments that may be contracted during delivery.
Affected families are entitled to compensation through a medical malpractice claim.
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Newborn infants may suffer birth injuries because of lapses committed by medical providers. These injuries vary in severity and affect about 1 in every 1,250 births; contributing to around 2% of all newborn deaths. Most birth injuries are contracted while the baby passes through the birth canal.[1]
While most injuries exhibit mild temporary nerve damage, severely mismanaged pregnancies/deliveries can result in permanent nerve damage for both mother and child. Medical providers are responsible for ensuring that a pregnant mother is healthy and tailoring a delivery plan that best caters to a mother’s capacity.
Doctors must properly account for a mother’s (and their family’s) medical history and diagnose any pregnancy complications promptly. Doing so can better preempt and work around any potential birth injuries.
Here are some of the more common risk factors associated with birth injuries:[1][2]
Apart from unaddressed pregnancy complications, an incompetent medical team also increases the risk of birth injuries. Proper techniques and tools must be deployed promptly; which can only be done through appropriate monitoring.
According to a recent study, more common nerve birth injuries include:[1]
Obstetric brachial plexus palsy affects about 0.15% of births in the US, causing arm weakness in newborns. Most cases involve the C5-C6 nerve roots (Erb-Duchenne palsy). While 70-95% resolve within a year, 5-8% become permanent.
Permanent injuries can lead to shoulder deformities requiring surgery. While higher birth weight is common in affected babies, it doesn't predict injury severity. Even normal-weight babies can develop severe cases. Certain delivery positions and maneuvers can increase/decrease injury risk.
Erb's palsy affects the C5-C6 spinal nerves, causing weakness in specific arm muscles. This results in the arm turning inward with a bent wrist. While some cases recover within months, others can lead to permanent disability.
The condition can vary in severity – from mild cases with full recovery to severe cases requiring surgery. More extensive nerve damage causes complete arm paralysis. In rare cases (about 5%), breathing muscles may also be affected when C3-C4 nerves are involved.
Klumpke's paralysis affects lower spinal nerves (C7-T1), causing weakness in the hand and finger muscles. It's much rarer than Erb's palsy, occurring in only 0.6% of cases, largely due to modern delivery practices reducing risky breech births.
Unlike Erb's palsy, which has a 90% recovery rate within a year, Klumpke's palsy only shows improvement in about 40% of cases. While often associated with breech births, it can occur in other mismanaged situations as well.
Facial nerve paralysis in newborns typically occurs due to pressure during delivery, especially with forceps use. Common risk factors include first-time mothers, large babies (over 3500g), and premature births. The condition usually appears as an inability to close one eye and affects one side of the face. Most cases resolve within two months without lasting effects.
Intracranial hemorrhage (bleeding in the brain) in newborns usually results from birth trauma. Risk factors include long labor, breech position, forceps use, and prematurity. While spontaneous deliveries are at low risk, using both vacuum and forceps increases this risk tenfold.
Symptoms can range from subtle to severe, including bulging fontanelle, seizures, and breathing problems. Most bleeding occurs in the outer layers of the brain, with deeper bleeding being less common in full-term babies.
Treatment typically occurs in intensive care, focusing on maintaining vital functions. Additionally, eye bleeding occurs in 75% of vacuum deliveries and 33% of normal deliveries, potentially affecting vision if the optic nerve is damaged.
Subgaleal hemorrhage occurs when blood collects between the scalp and skull, most commonly after vacuum-assisted deliveries. It's a serious condition that can trap up to 40% of a baby's blood volume, potentially leading to shock with a 14% mortality rate.
Warning signs include rapid heartbeat, falling blood count, and increasing head size in the first two days, along with a soft, boggy feel to the scalp.
In birth injury cases, compensation ensures that an injured child is provided with all the necessary support for their growth and development. Injured mothers are also to be allowed to return to their healthiest state. For actual compensation figures, please refer to our previous wins.
Seeking Compensation for Nerve Injuries?
We help families hold negligent doctors accountable. Clients do not pay anything unless we win.
All medical expenses (past and future) are considered in a medical malpractice claim. In birth injury cases, usual compensation considerations can include (but are not limited to):
Economic damages
Non-economic damages
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
