Medical Malpractice: Injury at Birth

When a baby is physically injured during labor or delivery, it is often a bittersweet moment for the parents. The baby is greeted with excitement and joy. Yet, the parents may also be experiencing anger that their child was born with a problem that may not have existed except for the circumstances surrounding the child’s birth.

Sometimes birth injuries are unavoidable but other times they are a result of medical malpractice. Usually proper prenatal care and a qualified team of doctors at a baby’s deliver can minimize the risk of birth injuries. However, when there are known risk factors and the doctors do not take the proper precautions, some babies may be born with injuries that were otherwise preventable.

The risk factors for significant birth injuries include: large babies (usually over 8 lbs 13 oz), premature babies (born before 37 weeks), the size and shape of the mother’s pelvis being inadequate for delivery, shoulder dystocia, prolonged labor or a baby that is not head first when delivered vaginally.

Some birth injuries are cosmetic or temporary in nature and others have life long effects. Injuries to be concerned about are to the brain and spinal cord. Some infants suffer from conditions like Cerebral Palsy and Erbs Palsy. Both can occur from damage to muscles and nerves during the birthing process and both often present lifelong challenges.

Other injuries cause infants (and their parents) pain and discomfort but can be corrected with proper medical care. For example, sometimes babies are born with fractured bones or damages to the facial nerves. In both cases, doctors can often correct the birth injury although surgery may be required and the babies will still experience pain and discomfort that could have been avoided.

Additional information about common birth injuries can be found at the Children’s Hospital of Philadelphia website.