Birth Injuries- How to File a Lawsuit and What's Next?

The pain of living with a preventable birth injury is something no family should ever have to fact. Too often, simple human error and mistakes result in devastating outcomes for all involved. 

The Cost of Birth Injury 

Birth injuries can be both emotionally and financially draining for families of victims. If you or your child is the victim of a birth injury, it’s vital to contact for a consultation as soon as possible. A trained and skilled attorney can help to ensure the best possible outcome in an unfortunate situation.

Is it a Birth Defect or a Birth Injury?

One critical designation is identifying the differences between a birth defect and a birth injury. A birth defect is a condition that existed before birth and could result from a genetic mutation or abnormality. These defects can also be caused by exposure to medications or infections by the mother during pregnancy. These birth defects can lead to conditions like Down’s Syndrome or Spina Bifida.

On the other hand, birth injuries are the result of trauma suffered during the actual birthing process. These injuries can include things like a long birth experience or cephalopelvic disproportion on the mother’s part. When medical professionals do not act on these conditions and plan for them promptly, it can put the mothers and their babies at risk of catastrophic birth injury, often leading to nerve damage or broken bones. 

There are five basic birth injuries: brain or soft tissue injuries, cranial nerve and spinal cord issues, peripheral nerve issues, and bone injury. The last type of birth issue is far less common but occurs when there is damage or injury to the abdominal organs. 

Causes of Medical Negligence

Medical negligence can occur when a healthcare professional fails to meet a standard of care in treating a patient. Neglect of this type can take many forms and completely upend the child’s life and that of the family.

Asphyxia of physical trauma can lead to brain damage during the birth process. This can happen due to outside forces like the head getting stuck inside the birth canal or forceps being used during delivery. But, this can also occur due to certain conditions within the skull or brain. Cases involving severe brain damage are often noted at birth or soon afterward because of obvious malformations in the infant’s head. Mild brain birth injuries may not appear until some time later.

Birth Injuries Can Affect the Mother

Sometimes, the mother is the one suffering from the effects of a birth injury. Episiotomy or tearing of the tissues between the vagina and the anus affects nearly three out of every four women who give birth vaginally each year. These tears can lead to a condition called pudendal neuralgia, when the nerves of the perineum are damaged. This can result in sharp, stabbing pain in the genital area and burning pain in the lower back. 

Muscles in the mother’s pelvic floor can also be damaged, leading to difficulties with the bowel and bladder remaining in their proper place. This muscle weakness occurs in almost half of all women who give birth vaginally, and the muscle damage can lead to the prolapse of these organs later on. 

If you have been the victim of a birth injury, contact an attorney skilled in this area for expert help in obtaining fair compensation.  

Leave a Reply