Welcome to Brown Trial Firm, where we specialize in birth injury cases right here in the heartland of America—Iowa. Known for its rolling plains and cornfields, Iowa represents the epitome of American values: hard work, community and family. It’s a place where trust in your neighbor and your health care provider is a given, but sometimes that trust is broken when medical professionals fail to provide the standard of care you and your newborn deserve.
Birth injuries can have a profound and life-altering impact on families, turning what should be a joyous occasion into a challenging ordeal that can last a lifetime.
At Brown Trial Firm, we understand that while no amount of money can ever truly compensate for the emotional and physical trauma you and your baby are going through, pursuing damages through a birth injury lawsuit can significantly ease the burden of medical costs, ongoing care and other related expenses.
Birth injury attorney Laura Brown has made it her mission to help Iowa families like yours navigate the complexities of medical malpractice law and advocate for the justice you deserve. She’s committed to holding health care providers accountable, giving you the peace of mind you need to focus on what truly matters—your family’s well-being.
So, if you’re dealing with the devastating consequences of a birth injury, please remember that you’re not alone. Legal options are available, and you can trust us to fight for you and your family every step of the way.
When you’re ready, reach out to Brown Trial Firm for a FREE consultation.
Our promise to you: You’ll NEVER pay a fee unless we win your case.
Iowa birth statistics
According to the Centers for Disease Control and Prevention (CDC), the fertility rate in Iowa in 2021 was 60.8 births per 1,000 women aged 15-44, which is slightly higher than the national average of 56.3.
The infant mortality rate that year was 4.3 deaths per 1,000 live births, compared to 5.4 nationally.
Additionally, the March of Dimes reported that in 2021, Iowa had a preterm birth rate of 10%, meaning 1 in 10 babies was born before reaching full term. Meanwhile, approximately 1 in 15 babies were born with low birth weight.
Prenatal care was relatively accessible in the state, with nearly 85% of pregnant women in 2021 receiving adequate or better prenatal care. This is despite approximately 14% of Iowa’s expectant mothers having to travel more than 30 minutes to reach a maternity hospital, compared to 9.7% nationally.
Cesarean deliveries accounted for 29.7% of all live births in the same year. Furthermore, about 6.5% of women of childbearing age in Iowa were uninsured in 2021.
What qualifies as a birth injury?
The term “birth injury” refers to physical harm or injury sustained by a newborn during the process of labor and delivery, but it can also encompass injuries that occur shortly before or after birth.
Birth injuries can range from mild to severe and may involve physical, neurological or developmental issues. These injuries can be caused by various factors, including medical negligence, complications during birth, the use of medical instruments, or the baby’s position during labor.
While some birth injuries are temporary and heal over time, others can result in long-term or even lifelong disabilities.
When our daughter was born, we expected joy and celebration, but instead, we were met with medical terms we couldn’t understand and the alarming sight of our baby in distress. Now, she’s been diagnosed with cerebral palsy, and we can’t shake the feeling that something went terribly wrong in that delivery room.
Is your child suffering from one of these common birth injuries?
While some birth injuries are unavoidable, others that result from medical negligence are preventable. Here are the most common types of birth injuries seen in Iowa:
Physical injuries
- Brachial plexus injury. Injuries to the brachial plexus, such as Erb’s palsy and Klumpke’s palsy, occur when the nerves around the baby’s shoulder area are damaged, often during a difficult delivery if a health care provider excessively pulls or twists the baby. The severity can range from mild, temporary weakness in the arm to permanent disability.
- Fractures. The collarbone is the bone most commonly fractured during birth. This can happen during a difficult delivery or when forceps or vacuum devices are used.
- Caput succedaneum. This refers to the swelling of a newborn’s soft tissues on the head, which occurs as the baby moves through the birth canal. It usually resolves on its own within a few days.
- Cephalohematoma. This involves bleeding underneath the cranial bones and typically manifests as a raised bump on the baby’s head a few hours after birth.
- Facial nerve damage. The facial nerve can be injured if there’s excessive pressure on the baby’s face during delivery or if forceps are used. This could result in temporary or permanent facial muscle weakness.
- Meconium aspiration syndrome. If the baby inhales a mixture of meconium (the baby’s first stool) and amniotic fluid before or during birth, it can lead to breathing difficulties and other complications.
Neurological injuries
- Hypoxic-ischemic encephalopathy (HIE). This is a severe form of brain damage that occurs when the baby’s brain doesn’t receive enough oxygen. It can lead to permanent neurological issues or developmental delays.
- Intracranial hemorrhage. This is bleeding within the baby’s brain and can occur as a result of a traumatic delivery. It can have serious consequences, including developmental issues and cerebral palsy.
- Periventricular leukomalacia (PVL). This is the death of small areas of brain tissue around fluid-filled areas called ventricles. It’s often linked to premature birth and can result in cerebral palsy or developmental delays.
- Cerebral palsy. Cerebral palsy is a group of disorders affecting movement and posture. Premature birth, lack of oxygen during labor and delivery, and head trauma can increase the risk of cerebral palsy.
A guide to baby brain damage
Understand when infant brain damage might be the result of medical negligence.
Does premature birth increase the chance of a birth injury?
Premature birth, also known as preterm birth, refers to the delivery of a baby before 37 weeks of pregnancy. Premature birth can increase the risk of certain birth injuries and complications due to the baby’s organs and systems not having had enough time to fully develop.
Some potential complications that can arise from premature birth include:
- Jaundice
- Intraventricular hemorrhage (brain bleed)
- Respiratory distress syndrome
- Anemia
- Certain infections
Is a birth injury the same as a birth trauma?
The terms “birth injury” and “birth trauma” are often used interchangeably, but they can have slightly different implications:
- Birth injury. The term “birth injury” is generally broader and can refer to any type of harm that occurs to a newborn before, during or shortly after the birth process. This can include injuries caused by mechanical forces, like compression or traction (often referred to as “birth trauma”), but also encompasses injuries caused by other factors like oxygen deprivation, medication errors or infection.
- Birth trauma. “Birth trauma” usually refers more specifically to physical injuries sustained by a newborn as a direct result of mechanical forces exerted during the delivery process. Examples include fractures, bruising, nerve damage, and so on. Birth trauma is essentially a subset of birth injuries that focuses on physical harm directly caused by the act of being born.
Here’s an example to help differentiate between them:
- A brachial plexus injury from shoulder dystocia during delivery would be considered both a birth injury and a birth trauma since it’s a physical injury directly resulting from the mechanical forces of childbirth.
- Hypoxic-ischemic encephalopathy (HIE), which occurs when a baby’s brain doesn’t get enough oxygen, would typically be categorized as a birth injury but not as a birth trauma, as it isn’t a physical injury directly caused by mechanical forces.
Understanding these definitions may be crucial in legal settings, as establishing the cause of an injury is essential in proving medical negligence or malpractice.
What are the birth injuries due to negligence?
Birth injuries due to negligence arise when health care providers do not follow established medical guidelines during the stages of pregnancy, labor or delivery, causing harm to either the newborn or the mother.
These injuries often occur because of poor decision-making, incorrect procedures or a failure to timely address complications. Such negligent actions can result in long-lasting or even permanent health issues, creating both emotional and financial strain on affected families.
What is prenatal negligence?
Prenatal negligence refers to a failure on the part of health care providers to meet the accepted standard of care during the prenatal period, which can result in harm to either the mother or the unborn child.
The prenatal period is a crucial time for the health and well-being of both the mother and the fetus, and adequate medical care is essential to identify and manage potential risks and complications.
Types of prenatal negligence may include the following:
- Failing to diagnose maternal medical conditions like hypertension, diabetes, or infections that could adversely affect the baby if not properly managed
- Failing to diagnose fetal conditions that might require special care or interventions
- Providing inadequate testing or monitoring
- Failing to provide adequate advice on lifestyle factors like nutrition and substance use
- Prescribing improper medications
- Failing to refer high-risk cases to a specialist
If your child suffered a birth injury and you believe a doctor’s negligence is to blame, get help today.
These medical mistakes commonly lead to birth injuries
In addition to prenatal negligence, medical mistakes during childbirth can have severe consequences for both the mother and the baby. While many births occur without incident, errors can and do happen.
These are some of the most common medical mistakes that can lead to birth injuries:
- Failure to properly monitor the baby’s heart rate can result in a lack of timely intervention when the baby is in distress, potentially leading to oxygen deprivation and brain damage.
- Not keeping track of the mother’s vital signs can result in undiagnosed conditions that may affect the baby, such as hypertension or infections.
- Failing to perform a timely cesarean section (C-section) can result in prolonged labor, which increases the risk of oxygen deprivation and other complications.
- When signs of fetal distress are present, quick intervention is needed. Failure to act in a timely manner can lead to serious injuries.
- Quick diagnosis and treatment of infections are crucial, as delays can result in severe complications.
- Failure to correctly resuscitate a newborn who is not breathing well can lead to brain damage due to a lack of oxygen.
medical instruments
- Incorrect use of forceps or vacuum extractors can cause physical injuries such as fractures, nerve damage or even brain injury.
- The drug Pitocin is often used to induce or accelerate labor, but excessive use can result in overly strong contractions, leading to fetal distress.
decision-making
- Failing to accurately assess whether the baby can safely pass through the birth canal (if the baby is large or in an abnormal position) can lead to physical injuries for the baby.
- Shoulder dystocia occurs when the baby’s head has passed through the birth canal, but the shoulders are stuck. Incorrect maneuvers can lead to brachial plexus injuries.
- During delivery, improper pulling or twisting can cause physical injuries like fractures or nerve damage.
- Communication errors. Miscommunication among health care providers can result in delayed or incorrect treatment.
- Inadequate staffing or training. Overworked or inadequately trained staff may make mistakes that lead to injuries.
- Ignoring parental concerns. Sometimes, medical staff might ignore or underestimate concerns raised by the parents, which might be early signs of complications.
Note that medical professionals are guided by a standard of care that they are expected to meet. When they fail to meet this standard, and it results in harm to the patient, they may be held liable for medical malpractice.
What is medical malpractice in Iowa, and how is it proven in a birth injury lawsuit?
Medical negligence refers to a health care provider’s failure to meet the accepted standard of care, resulting in harm to a patient. In the context of birth injuries, medical negligence could involve errors made during prenatal care, labor and delivery, or postnatal care that result in harm to either the mother or the child.
Generally, to successfully claim medical negligence, you’ll need to prove the following 4 elements:
- Duty of care. The health care provider had a duty to adhere to a certain standard of care. In obstetrics, this usually entails following accepted medical protocols for both maternal and fetal health during pregnancy, labor and delivery.
- Breach of duty. You must prove that the health care provider failed to meet this standard of care, whether by acting or failing to act. Examples include the incorrect use of forceps, failure to monitor vital signs or delays in performing a necessary C-section.
- Causation. It must be shown that the breach of duty directly caused the birth injury. This often requires expert medical testimony to establish that the health care provider’s actions or inactions were the direct cause of the injury.
- Damages. Finally, you must be able to demonstrate that the injury resulted in damages—either physical, emotional, or financial.
When it comes to compensation, having the RIGHT birth injury attorney matters.
Laura Brown has recovered millions of dollars for her clients. Here’s just one example:
$10.3
Million
HIE Malpractice Lawsuit
The child’s HIE and cerebral were caused by hypoxia and ischemia when the umbilical cord wrapped around the child’s neck, preventing the child from getting enough oxygen.
The medical providers did not identify the warning signs and did not order a timely C-section. The delay caused severe and permanent injuries.
My baby suffered a birth injury. How can I estimate the long-term costs?
The long-term costs associated with a birth injury can be extensive and can affect both the child and the family for years or even a lifetime. These costs can vary greatly depending on the severity and type of the injury, but here are some common long-term costs to consider:
- Ongoing medical care. Some conditions may require lifelong medical care, including surgeries, medication and specialized medical equipment.
- Rehabilitation. Physical therapy, occupational therapy, speech therapy and other rehabilitative services may be necessary.
- Home modifications. Accommodations like ramps, lifts and specialized bathroom equipment may be needed.
- Assistive devices. These can range from wheelchairs to specialized computer equipment.
- Long-term care. Severe cases might require institutionalized care, either intermittently or permanently.
- Loss of earnings. Depending on the severity, a birth injury may limit the child’s ability to earn income in the future.
- Parental loss of income. Time taken off work for medical appointments and caregiving can also be a significant long-term cost.
psychological costs
- Counseling and therapy. Both the child and the family may require psychological support.
- Quality of life. Emotional and psychological stress, including loss of enjoyment of life, can be considered a long-term cost.
- Special education services. Learning disabilities or developmental delays may necessitate specialized educational services.
Fortunately, if it can be proven that your child’s birth injury was caused by medical negligence, all of these damages may be able to be recovered through a birth injury lawsuit.
Life care planning for your baby
Learn about life planning for you and your baby after a birth injury so you know what to expect.
Who may be liable in a birth injury lawsuit?
In a birth injury lawsuit, the following parties may be held liable:
- Obstetricians/gynecologists
- Nurses and midwives
- Surgeons/anesthesiologists
- Pediatricians
- Radiologists
- Hospitals or medical facilities
- Pharmacists (for medication errors)
- Medical device manufacturers (for defective equipment)
Please note that liability can vary depending on the specifics of the case. Consulting with an experienced birth injury attorney is the best way to get advice tailored to your individual situation.
Contact an experienced Iowa birth injury attorney
The process of filing a birth injury lawsuit, proving negligence, and recovering damages can be complex and time-consuming, but you don’t have to go through it alone. Experienced Iowa birth injury attorney Laura Brown can handle every step of the process so you can focus your energy on taking care of your baby and your family.
There are time limits to file a claim, so reach out to Brown Trial Firm today for a free consultation to get started on recovering the compensation your child deserves.
References
CDC. (2022, December 21). Products – Data Briefs – Number 456 – December 2022. www.cdc.gov. https://www.cdc.gov/nchs/products/databriefs/db456.htm
Iowa. (2020, May 19). www.cdc.gov. https://www.cdc.gov/nchs/pressroom/states/iowa/ia.htm
NCHS Pressroom – Stats of the States. (2020, May 4). www.cdc.gov. https://www.cdc.gov/nchs/pressroom/stats_of_the_states.htm
NVSS – Birth Data. (2019). https://www.cdc.gov/nchs/nvss/births.htm
Preterm Birth Overview. (n.d.). March of Dimes | PeriStats. Retrieved August 31, 2023, from https://www.marchofdimes.org/peristats/state-summaries/iowa?reg=99&stop=60&sreg=19&top=3
Where you live matters: Maternity care access in Iowa. (n.d.). March of Dimes | PeriStats. Retrieved August 31, 2023, from https://marchofdimes.org/peristats/reports/iowa/maternity-care-deserts
