Having a baby should be a happy time, but sometimes things go wrong during labor and delivery, leading to birth injuries. These injuries can vary from mild to serious and can create long-lasting challenges for the child and their family.
Common Types of Birth Injuries
Birth injuries can range from minor, temporary issues to more serious conditions that require long-term care. Here are common types of birth injuries that can occur during labor or delivery:
1. Cerebral Palsy
Cerebral palsy is one of the most common birth injuries. It’s usually caused by brain damage that happens during or right after birth, often due to a lack of oxygen.
Children with cerebral palsy may struggle with movement, muscle control, and sometimes thinking skills. The severity can vary, but many children with this condition need lifelong medical care.
2. Erb’s Palsy
Erb’s palsy affects the nerves in a baby’s shoulder and arm, usually caused by too much force during delivery. This can happen if the baby’s shoulder gets stuck behind the mother’s pelvis. Babies with Erb’s palsy might have limited movement or even paralysis in the affected arm. While some recover with physical therapy, others may have lasting nerve damage.
3. Fractures
Broken bones, especially the collarbone, are common in difficult deliveries, particularly when the baby is large or not positioned well. These fractures can be painful but usually heal with proper care. However, if not treated right away, they can lead to more serious issues.
4. Facial Nerve Damage
Facial nerve damage can occur if too much pressure is placed on the baby’s face during delivery. This can cause weakness or loss of movement on one side of the face, which is often noticeable when the baby cries or tries to nurse. While most babies recover with time, some may need surgery if the damage is severe.
5. Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury caused by a lack of oxygen to the baby’s brain during childbirth. This condition can lead to a variety of long-term issues, including:
- Developmental delays
- Cognitive impairments
- Motor difficulties.
HIE is a serious condition that often results in lifelong challenges, and it typically occurs when there are complications during labor that are not properly managed.
Legal Options for Families
When a birth injury occurs, it can leave families feeling overwhelmed, especially when the injury could have been prevented. Thankfully, families have legal options to seek justice and compensation for the harm caused. Knowing these legal avenues can help ensure that those responsible are held accountable and that the necessary resources are secured to care for the child.
When a birth injury happens, it can be devastating for families, especially when it could have been avoided. Fortunately, families have legal options to seek justice and get compensation for the harm caused. Here are some options families who are affected by birth injury can take:
Medical Malpractice Claims
One of the most common legal options available to families is filing a medical malpractice claim. If a healthcare provider’s negligence during labor or delivery led to the injury, the family can pursue a lawsuit.
When filing a medical malpractice claim due to a birth injury, families must prove three key elements of negligence:
- Duty of care: This means that healthcare providers are required to give care that follows accepted medical standards. During labor and delivery, doctors and nurses need to keep a close eye on both the mother and the baby to respond to any complications.
- Breach of duty: This happens when a healthcare provider doesn’t meet the expected standard of care. For instance, if a doctor fails to check the baby’s heart rate during delivery, that could be seen as a breach of their duty.
- Causation: This connects the breach of duty directly to the injury that happened. Families must prove that the provider’s negligence caused the birth injury. If a baby suffers a brain injury because the doctor didn’t respond quickly enough to a lack of oxygen, that shows the link between the provider’s negligence and the harm done to the baby.
Wrongful Birth Lawsuits
In some cases, families might file a wrongful birth lawsuit. This happens when a doctor fails to tell parents about possible birth defects or pregnancy issues, stopping them from making informed choices. If the doctor’s mistake led to the birth injury, families can seek compensation for the extra costs of raising a child with special needs.
Settlements with Hospitals or Insurance Companies
Some birth injury cases do not go to trial but are instead settled out of court. Hospitals or insurance companies may offer a settlement to avoid the costs and risks of a trial.
These settlements can provide financial relief to families for medical expenses, rehabilitation, and other related costs. However, it’s important to consult with a Baltimore birth injury lawyer before accepting a settlement to ensure it covers the full extent of the family’s needs.
Filing a Lawsuit Within the Statute of Limitations
Families need to act quickly, as there is a limited time to file a lawsuit, known as the statute of limitations. In Maryland, families have up to five years from the date of the injury or three years from when they discovered the injury to file a medical malpractice claim.
Conclusion
Birth injuries can significantly affect the lives of both children and their families. While facing the challenges ahead may seem overwhelming, it’s important to know that there are legal options to help seek justice and secure the resources needed for your child’s care.
