Attorney
Birth is meant to be a moment of joy, but when medical professionals make mistakes during labor and delivery, the consequences can be life-altering. Birth defects caused by medical negligence are among the most devastating types of medical malpractice cases. These preventable injuries can lead to permanent disability, emotional trauma, and significant financial burdens for families.
This article explores what birth defects are, the types of injuries that may occur due to malpractice, and how to identify when a healthcare provider’s negligence may be to blame. If you believe your child was harmed during birth, understanding your rights can be the first step toward justice.
What is a Birth Defect?
A birth defect is a physical or developmental condition present at birth that affects a baby’s health or bodily function. While some birth defects are genetic or environmental, others result from improper care before or during delivery. Medical malpractice can occur when a doctor, nurse, or other healthcare professional fails to uphold the standard of care expected during childbirth.
According to the Centers for Disease Control and Prevention (CDC), approximately 1 in every 33 babies in the United States is born with a birth defect. Though not all are preventable, many are caused by delayed medical intervention, improper use of delivery tools, or mismanagement of high-risk pregnancies.
To better understand one of the most serious complications, read our article on anoxic brain injuries at birth, which can lead to permanent cognitive and motor impairments.
Types of Birth Defects
When medical malpractice contributes to a birth injury, the resulting defects can vary in severity. Some of the most common include:
Cerebral Palsy
Often linked to a lack of oxygen during labor, cerebral palsy affects muscle control, coordination, and brain development. It may not be diagnosed until months after birth.
Erb’s Palsy
This injury impacts the nerves in the shoulder and arm and often results from excessive pulling during delivery, particularly in cases involving shoulder dystocia.
Brachial Plexus Injury
Damage to the brachial plexus nerves during childbirth can cause weakness, numbness, or even paralysis in the arm or hand.
Fractures and Bone Injuries
Misuse of forceps or vacuum extractors can lead to broken bones, especially in the collarbone or skull.
Intracranial Hemorrhaging
Bleeding in the baby’s brain, caused by trauma during birth, can result in long-term neurological damage.
Early symptoms of a birth injury may include difficulty feeding, seizures, low muscle tone, or lack of movement in one or more limbs. If your child is showing these signs, it may be time to explore your legal options.
The Causation of Birth Defects
When a birth defect results from medical malpractice, there is typically a preventable cause behind it. Some common examples include:
Failure to Monitor Fetal Distress
Ignoring changes in a baby’s heart rate or other warning signs can delay life-saving interventions like a C-section.
Delayed C-Section
Not acting quickly when a C-section becomes necessary can deprive the baby of oxygen or increase physical trauma.
Improper Use of Birth Tools
Forceps or vacuum extractors, when used incorrectly, can injure the baby’s skull, nerves, or spine.
Medication Errors
Incorrect medications or dosages during pregnancy or labor may harm the baby’s development.
Mishandling of High-Risk Pregnancies
Women with known complications require additional care. Failing to properly manage these pregnancies puts both mother and baby at risk.
To learn more about how malpractice during delivery may impact your case, read our article on medical malpractice during birth.
Medical Preventative Measures During Childbirth
There are steps parents can take to help ensure a safe birth experience. While it is ultimately the medical team’s responsibility to provide quality care, patients can advocate for themselves in several ways:
Establish Clear Communication
Maintain open dialogue with your provider throughout the pregnancy. Ask questions and confirm that your birth plan is understood.
Understand Your Risk Factors
If you have a high-risk pregnancy, make sure your healthcare provider is aware and that a specific plan is in place for potential complications.
Monitor Decision-Making During Labor
Be informed about the risks and benefits of any procedures, including the use of delivery tools or C-sections. Don’t hesitate to ask for clarification or second opinions.
Track and Report Warning Signs
If you observe inconsistencies, delays, or dismissive responses from medical staff, document them and advocate for immediate attention.
You can also review our guide on what parents can do to prevent birth injuries for additional strategies.
Contact a Birth Injury Attorney Today
If you suspect that your child’s birth defect was caused by medical malpractice, you may be entitled to compensation for medical expenses, future care, and emotional distress. At Koonz McKenney Johnson & DePaolis LLP, our attorneys have decades of experience holding negligent medical providers accountable.
We offer free consultations to help families determine whether they have a case and what next steps they should take. You do not have to face this situation alone.Contact our firm today to schedule a consultation and speak with an experienced birth injury attorney.