4 Common Birth Injuries Can Become Cases for Medical Malpractice

The birth of a child should be a happy time. However, difficult childbirth can result in more than an exhausted mother and infant; it can result in birth injuries. Some birth injuries are relatively minor and may even go away on their own. However, if an infant suffers a more severe birth injury that results in pain and suffering, the parents may have a case for medical malpractice.

Caput succedaneum is the term for swelling on a newborn's scalp. The swelling may present as a lump anywhere on the scalp, or it may give the infant's head a conical look. The cause of the swelling is prolonged pressure from the dilated cervix or the vaginal walls. While the condition is common in long, difficult labors, the doctor's use of vacuum suction or forceps can cause the swelling.

Caput succedaneum is usually minor and typically goes away with no long-term harm to the baby. However, in some cases, the swelling can increase the newborn's risk of developing jaundice. In rare cases, jaundice can lead to a complication known as kernicterus, which is a form of brain damage.

The only way you could make a medical malpractice case for caput succedaneum would be if the jaundice was undiagnosed or misdiagnosed, thus leading to kernicterus.

Erb's palsy is a nerve-related injury that happens when an infant's shoulder or neck is stretched excessively during delivery. The stretching can damage the nerves at Erb's point, which is a convergence of cranial nerves near the baby's neck. The nerves can stretch, tear slightly, rupture, or tear completely away from the spinal cord.

The more significant the nerve injury, the more severe Erb's palsy is. Babies might not be able to move their arm but still wiggle their fingers. With more severe forms, they may appear paralyzed on that side. Erb's palsy is treatable with physical therapy or surgery. The infants usually recover fully, but the condition is sometimes permanent.

You might be able to make a case for medical malpractice if the doctor pulled on the infant's arm or used a medical vacuum or forceps that caused the nerve damage.

Cerebral palsy is a blanket term that refers to a disorder of muscle movement, tone, or posture. Typically, the disorder is caused by damage to the infant's developing brain. The damage can come before, during, or up to a few weeks after birth. Some causes of the damage include maternal infections during pregnancy, brain injury during delivery, and lack of oxygen during delivery.

The severity of the disorder ranges from mild to severe. Children with cerebral palsy can exhibit difficulty with hearing and seeing, abnormal pain perceptions, and some intellectual disability. In more severe cases, they can experience tremors, seizures, and difficulty walking or eating. They may be unable to control drool and may even have difficulty speaking or swallowing.

If the disorder is a result of physician error, such as misdiagnosing a maternal infection or causing brain damage during birth, you could have a case for medical malpractice.

Hypoxic-ischemic encephalopathy (HIE) is brain damage that occurs when the baby's brain doesn't receive adequate amounts of oxygen during the birthing process. The following situations can cause the lack of oxygen:

• Knots in the umbilical cord
  
• Rupture of the uterus
  
• Separation of the placenta and uterine wall too abruptly
  
• Trauma during delivery, such as the infant getting stuck in the birth canal
  
• Compression of the umbilical cord
  

Cerebral palsy and other developmental disorders can result from HIE. The infant can develop jaundice or attention deficit hyperactivity disorder. In the most severe cases, the infant can be stillborn.

Physicians are responsible for monitoring the mother's and baby's status during delivery. If they fail to diagnose one of the above situations or even cause it themselves, you can make a case for medical malpractice.

The hope is that every infant is born without injury. However, if you suspect your newborn suffered an avoidable injury during birth, consult with the medical malpractice experts at Wegner & Associates .