If you or someone you love is a victim of a birth injury, you probably have questions about your legal rights. As one of the top birth injury lawyers in Cleveland, Ohio, I have more than 40 years of birth injury and medical negligence legal experience. I have helped thousands of injured victims during my lengthy tenure and I can help you too! It is my job to seek and obtain financial compensation for you and/or your baby’s birth injuries. You need the time to focus on what matters: your family, and your loved one’s health. Below are some common birth injury questions and answers. If you have questions that are not addressed below, please reach out to me today.

Birth injuries are often the result of medical negligence. If your family has been harmed by a birth injury, I’ll find out what happened and I’ll Make Them Pay!® As a highly experienced birth injury lawyer, my success record speaks for itself. I’ve won tens of millions of dollars for my injured clients.

What is a birth injury?

Any physical injury a baby experiences during labor and delivery is considered a birth injury. Birth injuries can occur when a baby is breach (feet-first instead of head-first), the baby is premature, or when labor is extended or difficult. Birth injuries can also occur to the mother; maternal birth injuries can be physical, mental, or emotional. If you suspect you child’s injury was due to medical negligence, you need to call me to discuss initiating a birth injury lawsuit.

What injuries can occur during labor and delivery?

Common birth injuries for newborns include; swelling or bruising of the brain or head, broken blood vessels in the eyes or face, nerve injuries that impact the face, arms, or hands, and bone fractures. Severe birth injuries can occur from a vaginal birth or by C-section (caesarean section) delivery.

Maternal birth injuries can be much more complex, because they are often caused by overlooked conditions, or medical errors. Bleeding and hemorrhage, emergency hysterectomy, sepsis, and even organ failure can all result from a maternal birth injury.

Why does a preventable birth injury occur?

Delivery is a complex process, and medical care providers must provide care for two lives simultaneously. Injuries can occur whenever medical processes, medications, or medical devices are misused, overused, or neglected. Birth injuries occur when medical care providers make wrong assumptions about the health of the mother or baby, fail to consider pre-existing conditions, or fail to monitor the mother and baby throughout labor and delivery. This can mean anything from underestimating the size of the baby, to miscalculating the delivery date, or improper administration of medications or medical instruments or devices during the birthing process. For instance, instruments such as forceps or a vacuum can be used during a delivery, but when misused, they can cause brain injuries, nerve damage and broken bones for the baby.

How do birth injuries differ from birth defects?

Birth injuries encompass a range of physical harm or trauma a newborn may experience during the labor and delivery process. These injuries can occur due to various factors, such as complications during childbirth, the misuse of medical instruments, or difficulties in navigating the birth canal. Birth defects, in contrast, refer to structural or functional abnormalities that develop in the fetus before birth, often during early pregnancy.

What are the most common types of birth injuries?

Among the many types of birth injuries, some of the most frequently encountered include; brachial plexus injuries, cerebral palsy, facial nerve injuries, and fractures. These injuries can differ in severity and may result from multiple factors, including prolonged labor, the use of forceps or vacuum extractors, or conditions such as shoulder dystocia.

What are the potential causes of birth injuries during childbirth?

Birth injuries can have various causes, including fetal distress, improper use of medical tools, excessive force during delivery, and instances of medical malpractice or negligence. Additionally, maternal health conditions, such as gestational diabetes or preeclampsia, can contribute to the risk of birth injuries in newborns.

How can medical professionals prevent or reduce the risk of birth injuries?

The prevention and mitigation of birth injuries involve vigilant monitoring of both the mother and the baby throughout the labor and delivery process. Healthcare providers should exercise caution when employing medical interventions, ensuring they are used judiciously and skillfully. Effective communication and collaboration within the medical team are crucial elements in preventing birth injuries and ensuring the safety of both mother and child.

What are the signs and symptoms of a birth injury in a newborn?

Identifying a birth injury in a newborn can be challenging, as symptoms can vary widely based on the type and severity of the injury. Common indicators may encompass difficulty in limb movement, weak reflexes, facial asymmetry, seizures, and breathing problems. Parents should remain vigilant and promptly report any unusual behaviors or physical signs to a healthcare provider to facilitate early diagnosis and intervention.

How are birth injuries diagnosed, and when should parents seek medical help?

Birth injuries are typically diagnosed through a combination of physical examinations, medical imaging techniques, and sometimes specialized tests like electromyography (EMG). Parents should seek immediate medical assistance if they observe any signs of distress or abnormalities in their newborn. Early detection and intervention are critical for providing the best possible outcome for a child who has suffered a birth injury.

What treatment options are available for infants with birth injuries?

Treatment options for infants with birth injuries vary depending on the specific nature and severity of the injury. These options may encompass physical therapy, occupational therapy, surgical interventions, or medication. The overarching goal of treatment is to enhance the child’s physical function and overall quality of life, while minimizing the long-term effects of the injury.

Can birth injuries lead to long-term disabilities or health complications?

Yes, many birth injuries have the potential to result in long-term disabilities or ongoing health complications. For instance, cerebral palsy, a brain injury often associated with birth trauma, can lead to lifelong motor impairments. Similarly, brachial plexus injuries may result in persistent limb weakness. Timely intervention, rehabilitation, and ongoing medical care are essential components of managing and mitigating these long-term effects.

What legal options do parents have if their child experiences a birth injury due to medical negligence?

In cases where a child suffers a birth injury due to medical negligence, parents have legal recourse to seek compensation for their child’s suffering. Birth injury lawsuits can be filed by birth injury attorneys against the healthcare provider or facility responsible for the negligence. As your attorney, you will benefit from my more than 40 years of medical malpractice and birth trauma law experience. As a top birth injury attorney, I’ve won hundreds of birth injury cases and obtained tens of millions of dollars for my clients for medical expenses and future medical expenses. If you were the victim of medical negligence, I can help you too, and I’ll Make Them Pay!®

Are there support services or resources available for families coping with a child’s birth injury?

Yes, there are numerous support services and resources available to assist families coping with the challenges posed by a child’s birth injury. These resources often encompass support groups specifically designed for parents of children with birth injuries. These therapy programs are tailored to the child’s needs, and organizations specializing in birth injury support and advocacy. Healthcare providers and social workers can also play a pivotal role in guiding families toward accessing these invaluable resources. They are there to aid families in coping with the emotional, physical, and logistical aspects of birth trauma.

What is cerebral palsy, and how does it occur during childbirth?

Cerebral palsy is a neurological disorder that affects muscle coordination and body movement. It can occur as the result of brain damage to the baby during childbirth, although the exact cause may vary. In some cases, cerebral palsy results from oxygen deprivation to the baby’s brain during labor and delivery. This can occur if there are complications such as umbilical cord issues, placental problems, or prolonged labor. Infections during pregnancy or birth trauma may also contribute. Cerebral palsy is characterized by motor impairments, but it can vary in severity. Early diagnosis and intervention, including physical therapy and adaptive equipment, can help improve a child’s quality of life. Cerebral palsy is the focus of many birth injury claims.

What are brachial plexus injuries, and how do they happen during birth?

Brachial plexus injuries involve damage to the network of nerves controlling the arm and hand muscles. They can occur during childbirth when excessive force is applied to the baby’s head and neck during delivery. This often happens in cases of shoulder dystocia, where the baby’s head becomes stuck behind the mother’s pelvic bone. Brachial plexus injuries can result in weakness or paralysis in the affected arm. Treatment options may include physical therapy, occupational therapy, and, in severe cases, surgery to repair the damaged nerves.

What is Erb’s palsy, and how is it related to brachial plexus injuries?

Erb’s palsy is a specific type of brachial plexus injury that affects the upper nerves of the brachial plexus. It may occur due to pulling or stretching of the baby’s neck during delivery. Erb’s palsy can lead to weakness or paralysis in the affected arm, and it is typically diagnosed shortly after birth. Early intervention is crucial, as physical therapy and other treatment may help improve arm function and prevent long-term complications.

What is a facial nerve injury in newborns, and how does it occur during birth?

Facial nerve injuries in newborns involve damage to the facial nerve, which controls facial expressions and movement. These injuries can occur during a difficult delivery when force is applied to the baby’s face or head. Forceps or vacuum extractors, if used improperly, may contribute to facial nerve injuries. The most common symptom is facial asymmetry, where one side of the baby’s face does not move as it should. While many facial nerve injuries heal on their own over time, some may require rehabilitation and monitoring by medical professionals. Not all birth injuries result in the same severity or outcomes.

What are the potential complications of birth-related fractures, and how are they treated?

Birth-related fractures, such as clavicle (collarbone) or arm fractures, can happen during delivery, especially in cases of breech birth or when there is a need for forceps or vacuum extraction. While fractures can be painful and distressing for a newborn, they often heal relatively well on their own with time. Treatment typically involves immobilizing the affected limb and providing pain relief as needed. The main concern is ensuring proper healing and monitoring for any signs of complications. Fortunately, with proper medical care and follow-up, most birth-related fractures do not lead to long-term health issues, and infants recover without lasting effects.

What should I do if my baby or me suffered a birth injury?

First and foremost, medical intervention should have been performed to minimize injury. This is a critical step for the health of both the mother and the baby. Keep track of all of your medical records/paperwork. Document all medications provided and procedures that were performed, or failed to be performed or recommended.

If you have any questions, or you’re concerned about the medical care you or a loved one received during labor or delivery, don’t let a hospital administrator tell you not to consult with an injury attorney. I have the expertise, knowledge and financial resources to take on even the biggest hospitals and institutions.

Let’s discuss your injury claim today I’ll meet you anywhere and at any time to discuss your case, and I’ll Make Them Pay!®