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Birth Injury
Infants that are injured during the birthing process are said to have sustained a birth injury. Infants can have a fairly insignificant birth injury such as a small bruise, or an infant could actually die from a severe birth injury. Birth injuries can be devastating to the new family, but any birth injuries that are the result of doctor or medical team negligence are very hard for any family to comprehend. Thus, the number of law practices specializing in birth injuries is on the rise.
During the birth process, the baby may suffer a physical injury.
It is estimated that between two and seven babies out of 1,000 will
become injured during the birth process. Birth injury can be related to
the size and position of the baby during labor and delivery. Birth
injuries can also be related to maternal pre-existing health problems,
fetal health problems, or doctor and/or medical staff negligence. The
most devastating birth injuries are those that cause some type of brain
damage or death.
What are some of the more common birth injuries?
- Brachial plexus injury
-
Cerebral palsy
- Bruising/forceps marks
- Caput succedaneum
- Cephalohematoma
-
Facial paralysis
- Fractures
-
Subconjunctival hemorrhage
What is brachial plexus birth injuries?
The brachial plexus is a network of nerves that conducts signals from the spine to the shoulder, arm, and hand. Brachial plexus injuries are caused by damage to those nerves. Symptoms may include a limp or paralyzed arm, lack of muscle control in the arm, hand, or wrist, and lack of feeling or sensation in the arm or hand. Although injuries can occur at any time, many brachial plexus injuries happen during birth; the baby's shoulders may become impacted during the birth process causing the brachial plexus nerves to stretch or tear.
There are four types of brachial plexus injuries:
Avulsion
- the most severe type, in which the nerve is torn from the spine;
Rupture - in which the nerve is torn but not at the spinal attachment;
Neuroma - in which the nerve has tried to heal itself but scar
tissue has grown around the injury, putting pressure on the injured nerve and
preventing the nerve from conducting signals to the muscles; and
Neuropraxia
or stretch- in which the nerve has been damaged but not torn. Neuropraxia is the
most common type of brachial plexus injury.
What is cerebral palsy?
Cerebral palsy is an umbrella-like term used to describe a group of chronic disorders impairing control of movement that appear in the first few years of life and generally do not worsen over time. The disorders are caused by faulty development of or damage to motor areas in the brain that disrupts the brain's ability to control movement and posture. Symptoms of cerebral palsy include difficulty with fine motor tasks (such as writing or using scissors), difficulty maintaining balance or walking, and involuntary movements.
The symptoms differ from person to person and may change over time. Some people with cerebral palsy are also affected by other medical disorders, including seizures or mental impairment, but cerebral palsy does not always cause profound handicap. Early signs of cerebral palsy usually appear before 3 years of age. Infants with cerebral palsy are frequently slow to reach developmental milestones such as learning to roll over, sit, crawl, smile, or walk. Cerebral palsy may be congenital or acquired after birth. Several of the causes of cerebral palsy that have been identified through research are preventable or treatable: head injury, jaundice, Rh incompatibility, and rubella (German measles).
What is caput succedaneum?
Caput succedaneum is a diffuse swelling & bruising of the scalp in a newborn that occurs when the head first enters the cervix during birth. A caput succedaneum is caused by the mechanical trauma of the initial portion of scalp pushing through the initially narrow cervix. The swelling may be on any portion of the scalp, may cross the midline (as opposed to a cephalhematoma) and may be discolored because of slight bleeding in the area (bruising). The swelling usually disappears in a few days without problems. There may also be molding of the head, which is common in association with a caput succedaneum. Babies delivered by vacuum extraction are more likely to have this condition.
What is cephalohematoma?
Cephalohematoma is an area of bleeding underneath one of the cranial bones. It often appears several hours after birth as a raised lump on the baby's head. The body reabsorbs the blood. Depending on the size, most cephalohematomas take two weeks to three months to disappear completely. If the area of bleeding is large, some babies may develop jaundice as the red blood cells break down.
What is the most common fracture?
Fracture of the clavicle or collarbone is the most common fracture during labor and delivery.
What is a subconjunctival hemorrhage?
A subconjunctival hemorrhage is the breakage of small blood vessels in the eyes of a baby. One or both of the eyes may have a bright red band around the iris. This is very common and does not cause damage to the eyes. The redness is usually absorbed in a week to ten days.
What is negligence in a birth injury case?
A doctor is negligent when he or she fails to use the degree of skill and learning ordinarily used under the same or similar circumstances by members of their profession.
What are some examples of a doctor's negligence in birth injury cases?
Failure of the doctor and/or medical team to respond appropriately in any of the following circumstances:
- Maternal or fetal bleeding
- Maternal or fetal distress or anoxia (lack of oxygen)
- Umbilical cord entrapment or compression
- Need for cesarean section
- Vacuum extractor and forceps use
-
Infections
- Anticipation of large baby and possible complications
- Maternal health complications
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