Most people assume birth injuries are rare because scheduled inductions are well-planned and carefully executed. In most cases, that’s true. But complications arise somewhere in the process about one-tenth of the time, and about one-tenth of these complications end in a serious birth injury.
Some of the more common birth injuries, which are outlined below, could occur at any point in the process.
Medical error may be one reason for a birth injury. A medical malpractice attorney holds doctors accountable for the medical mistakes they make and the lifelong injuries these mistakes could cause. A lifetime of injury means a lifetime of medical bills, and for the baby, a lifetime of lost wages.
Birth Defects
Some birth defects are natural, anticipated, and unavoidable. Physician negligence, either during the prenatal care stage or in the delivery room, could also cause a birth defect.
Sometimes, the error goes back to the first mother-physician contact. Many doctors don’t order full genetic profiles, especially if a woman of child-bearing age isn’t married or has no plans to have a baby. As a result, the family is unprepared for a serious genetic defect that drains their bank account and robs the child of a quality life.
These families might have wrongful life actions. These negligence claims basically assert that the doctor failed to spot the condition and/or adequately warn the family. Therefore, the family accumulates medical bills and other expenses it was not prepared to pay.
In 2017, New York’s highest court sharply limited these actions. However, you may still have a claim, and a personal injury attorney may still be able to obtain the compensation that, at least partially, makes things right.
Birth trauma-induced autism is another example. Some kinds of birth trauma alter brain chemistry and affect the person’s ability to process emotions and environmental stimuli. According to one study, autistic individuals on average lose $1 million in future wages over the course of their lives.
Cerebral Palsy
Medical professionals may not only have a chance to stop birth defects or at least adequately warn parents about the risk – they also have a chance to avoid cerebral palsy injuries. Mild CP usually affects fine motor skills, like buttoning a shirt or combing hair. Extreme CP is debilitating. The brain shuts down so many muscles that these children are essentially paralyzed.
Hypoxia (lack of oxygen to the brain during birth) usually causes CP. If a baby doesn’t get enough oxygen, typically because the umbilical cord curls around the baby’s neck, the hypoxia could cause CP in as little as five minutes.
When the clock is ticking and the pressure is on, doctors, like many of us, often make poor decisions. Forceps-assisted deliveries are a good example.
If a baby is lodged in a mother’s narrow birth canal, a doctor might use these surgical tools to grab and pull the baby out of the mother’s womb. This unsafe procedure can cause severe head injuries.
But at this point, a doctor basically has two choices: let the delivery proceed and risk CP or pull out the forceps and risk a head injury. This dangerous situation can be avoided if the doctor is well prepared and anticipates such difficulties.
BPD
Babies have underdeveloped skulls, and a little force causes a serious injury. Babies have underdeveloped lungs as well. So, if a doctor sends a baby to the NICU, bronchopulmonary dysplasia (BPD), or chronic infant lung disease, is a real possibility.
Usually, as soon as babies arrive in the NICU, the hospital staff puts them on ventilators. These contraptions force air into the baby’s still-developing lungs. The excessive airflow can cause damages the lungs, causing inflammation (swelling and irritation) and scarring.
Furthermore, the ventilator breathes for the baby. As a result, the baby’s lung muscles atrophy and don’t develop normally. That underdevelopment could cause even more problems than the scar tissue.
Damages in a medical negligence birth injury case usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available in these cases as well.
For a free consultation with an experienced medical malpractice attorney, contact Napoli Shkolnik. You may have a limited amount of time to act.
