Understanding the various types of birth injuries is crucial for parents seeking legal recourse. The following are the most common birth injuries in the United States:
A clavicle fracture occurs when the baby's collarbone breaks during delivery, typically during difficult vaginal births or breech presentations. This injury affects approximately 1-2% of all newborns, making it one of the most common birth injuries.
The fracture usually occurs when excessive force is applied during shoulder delivery or when there's difficulty delivering the shoulders after the head (shoulder dystocia). While most clavicle fractures heal naturally within 7-10 days with minimal intervention, they can cause temporary pain and limited movement in the affected arm. Proper diagnosis and monitoring are essential to ensure proper healing and prevent long-term complications.
Cerebral Palsy (CP) is a group of permanent movement disorders that appear in early childhood, affecting approximately 1 in 345 children in the United States according to the CDC's most recent data. This neurological condition results from damage to the developing brain, either during pregnancy, during delivery, or shortly after birth.
Common causes of cerebral palsy include oxygen deprivation during delivery, infections during pregnancy, and traumatic head injury during birth. Cerebral Palsy can manifest in various ways, from mild movement difficulties to severe impairments affecting mobility, posture, and muscle coordination. While there is no cure for cerebral palsy, early intervention and ongoing treatment can significantly improve quality of life and functional abilities.
Learn more about Cerebral Palsy here.
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Erb's Palsy is a form of brachial plexus injury that affects 1-2 out of every 1,000 births. The condition occurs when the network of nerves that controls arm and hand movement (brachial plexus) is damaged during delivery, often due to excessive pulling or stretching of the baby's head and shoulders.
This injury typically happens during difficult deliveries, particularly when shoulder dystocia is present. The resulting injury can cause weakness, loss of feeling, or paralysis in the affected arm. While many cases resolve within the first year with physical therapy, some children may experience permanent impairment. Recent studies indicate that about 20% of cases result in long-term complications requiring ongoing medical intervention or surgical treatment.
Learn more about Erb's Palsy here.
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth complication that occurs when the baby's brain doesn't receive enough oxygen and blood flow during the birthing process. This condition affects approximately 2-3 per 1,000 full-term births in the United States and can lead to severe, life-long complications.
HIE can result from various circumstances, including placental abruption, umbilical cord complications, or prolonged labor. The severity of outcomes ranges from mild developmental delays to severe conditions such as cerebral palsy, cognitive impairments, or even fatality.
Modern treatment options for HIE, including therapeutic hypothermia (cooling therapy), are often initiated within six hours of birth. They have shown promising results in reducing the risk of death and disability when HIE is promptly diagnosed and treated.
Cephalohematoma occurs in approximately 1-2% of all births and involves bleeding between the skull bone and its covering membrane, creating a raised bump on the baby's head. This condition often results from pressure during vaginal delivery or the use of delivery assistance tools like vacuum extractors. While usually resolving on its own within 2-3 months, cephalohematoma can occasionally lead to complications such as jaundice or infection.
Caput succedaneum, occurring in about 2% of births, is a related but distinct condition involving swelling of the scalp tissues. This typically appears immediately after birth, especially in prolonged deliveries with ruptured membranes. It usually resolves within several days without treatment or long-term effects.
Birth-related facial paralysis affects approximately 0.8-2.1 per 1,000 live births and occurs when pressure during delivery damages the facial nerve (cranial nerve VII). This injury commonly results from forceps use during delivery or from pressure against the mother's pelvic bones during a difficult birth.
Facial paralysis can affect one or both sides of the face, causing difficulty with facial expressions, including problems closing the eye or moving the mouth. While many cases resolve spontaneously within a few weeks, approximately 10-15% of cases may result in permanent damage requiring surgical intervention or ongoing therapy.
Intracranial hemorrhage, or bleeding inside the brain, is a serious birth injury affecting approximately 3 in 10,000 full-term births, with higher rates in premature infants. This condition can occur due to trauma during delivery, blood pressure changes, or blood clotting disorders.
There are several types of intracranial hemorrhages, including subdural, subarachnoid, and intraventricular bleeding, each affecting different areas of the brain. Symptoms can range from mild to severe, potentially causing seizures, lethargy, or developmental delays. Modern medical imaging techniques allow for early detection, and treatment options vary from conservative management to surgical intervention depending on severity.
Spinal cord injuries during birth are relatively rare but devastating, occurring in approximately 1 in 60,000 births. These injuries can result from excessive traction during delivery, particularly in breech presentations or cases requiring forceps or vacuum extraction.
The level and severity of the injury determine the extent of complications, which may include partial or complete paralysis, breathing difficulties, or loss of bodily function control. Recent medical advances have improved the prognosis for some cases, but many spinal cord injuries result in permanent disability requiring lifelong care and support.
Early detection and prompt treatment are crucial for preventing birth injuries from turning into lifelong issues. Doctors are expected to act with the expected standard of care when dealing with pregnant mothers before birth (prenatal care), during delivery, and after childbirth (postnatal care). When they fail to live up to the expected professional standards, or are negligent in their approach, they could be held liable for medical malpractice.
Is Your Child Suffering from the Complications of a Birth Injury?
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At the Porter Law Group, we understand the devastating impact that birth injuries can have on families. Our experienced team of attorneys is dedicated to providing compassionate, personalized legal representation to help you navigate this challenging time. We have a proven track record of success in birth injury cases and work tirelessly to hold negligent healthcare providers accountable for their actions.
The Porter Law Group offers comprehensive legal support for families affected by birth injuries in in New York. We begin by conducting a thorough investigation of your case, consulting with board-certified medical experts to determine if negligence occurred. Our team then builds a strong legal strategy, negotiating with insurance companies and, if necessary, representing you in court to secure the compensation your family needs. Throughout the process, we provide clear communication and unwavering support. We work on a contingency fee basis, so there are no up-front costs, and you won't have to pay anything unless we win your case.
If your child has suffered a birth injury in New York, don't face this challenging time alone. The Porter Law Group is here to help you seek justice and secure the compensation your family needs to provide the best possible care for your child. We offer free, no-obligation consultations to discuss your case and explain your legal options. Our team works on a contingency fee basis, meaning you don't pay unless we win your case.
Take the first step towards justice for your child by contacting the Porter Law Group today. Call our toll-free number at 833-PORTER9 to speak with our compassionate staff, or fill out our online form and schedule your free consultation. Let us put our experience and dedication to work for your family as we fight for the compensation and care your child deserves.