For parents, welcoming a new baby into the world should be an experience filled with joy and excitement, but for some, it also comes with uncertainty and concern. Having a child with a birth injury can be overwhelming and leave you questioning what went wrong, whether it could have been prevented, and what you’re going to do next to give your child the best possible life.
If you’re struggling with questions like these after a traumatic birth, please know that you’re not alone. Experienced Alpharetta birth injury attorney Laura Brown is ready to listen to your story and answer your questions. With a practice focused entirely on birth injury law, Laura is dedicated to fighting for the rights of children and families who have been affected by these life-changing events.
Have questions about your child’s birth injury? Consultations with Brown Trial Firm are always confidential and free.
Is a birth injury the same as a birth trauma?
While the terms “birth injury” and “birth trauma” are sometimes used interchangeably, they can refer to different aspects of harm that can occur during childbirth.
Birth injury typically refers to physical harm or damage to the baby caused by complications during pregnancy, labor, or delivery. This can result from poor prenatal care, medical mistakes during delivery, or sometimes unpreventable complications of the birth process.
Birth trauma, on the other hand, is a broader term that can encompass both physical and psychological harm. While it includes physical injuries to the baby, it can also refer to the emotional and psychological impact of a difficult or traumatic birth on both the baby and the parents.
Can birth injuries be prevented?
Not always, but in many cases, birth injuries can be prevented with proper medical care and attention. Medical professionals are trained to provide a certain standard of care, which includes identifying potential complications during pregnancy, labor, and delivery and taking appropriate measures to ensure the health and safety of both the mother and baby.
However, when doctors, nurses, or other health care providers fail to recognize risks, delay necessary interventions, or make errors during delivery, preventable birth injuries can and do occur.
Some ways that birth injuries can be prevented include:
- Proper prenatal care. Monitoring the health of both mother and baby throughout pregnancy can help identify potential issues early and prevent serious complications like birth injuries from occurring.
- Careful monitoring during labor and delivery. Medical staff should be alert to signs of fetal distress, like decreased fetal movement, abnormal heart rates (too fast or too slow), failure to descend down the birth canal, and the presence of meconium (the baby’s first stool) in the amniotic fluid, and take appropriate action to avoid injury.
- Timely interventions. In some cases, medical interventions, like cesarean sections (C-sections), or treatments immediately after birth, like hypothermic brain cooling, may be necessary to prevent complications that could lead to birth injury.
- Avoiding unnecessary use of force. Proper use of tools such as forceps or vacuum extractors and avoiding excessive pulling or pressure during delivery can also reduce the risk of physical injury to the baby.
While not all birth injuries can be foreseen or prevented, many are the result of medical negligence or avoidable mistakes. If you suspect that your child’s birth injury could have been prevented, it’s important to talk with an attorney who specializes in birth injuries, as these cases are complex and require both medical and legal knowledge.
To find the best birth injury attorney in your area, take some time to do your research and be sure to interview multiple attorneys because a decision like this is too important to leave to chance.
Signs of developmental delays in babies & signs of a birth injury
Learn how certain types of developmental delays could be early indicators of birth injuries.
What are the most common types of birth injuries caused by medical malpractice?
The most common types of birth injuries caused by medical malpractice include:
- Cerebral palsy. This condition often results from a lack of oxygen to the baby’s brain during pregnancy, labor, or delivery, leading to motor skill impairments and developmental delays, depending on which area(s) of the brain are damaged.
- Brachial plexus injuries (Erb’s palsy). These injuries occur when the nerves controlling the arm and shoulder are damaged, typically due to excessive pulling or improper use of force during difficult deliveries due to a large baby or mismanaged fetal position.
- Fractures. Broken bones, like clavicle fractures, are common in difficult deliveries, especially if improper techniques or excessive force are used.
- Hypoxic-ischemic encephalopathy (HIE). This is brain damage that results from oxygen deprivation before, during, or right after delivery, potentially leading to long-term cognitive and physical disabilities, including cerebral palsy.
- Facial paralysis. Improper use of forceps or vacuum extractors can cause damage to the baby’s facial nerves, leading to temporary or permanent paralysis.
- Cephalohematoma. This occurs when blood pools under the baby’s scalp due to trauma during delivery, often linked to the improper use of forceps or vacuum extraction.
- Intracranial hemorrhage. This is a more serious type of bleeding inside the skull, often due to head trauma during a difficult delivery, that can lead to brain damage or developmental delays, especially if forceps or vacuum extraction tools are used improperly.
- Meconium aspiration syndrome (MAS). This occurs when a baby inhales meconium-stained amniotic fluid into the lungs, often due to fetal distress. MAS can cause respiratory problems and may lead to long-term lung and brain damage if not properly treated.
Whether or not these injuries were caused by a medical mistake will depend on if the health care providers were diligent in providing the standard of care that is expected of medical professionals with similar credentials in similar situations.
How do I know if my child’s birth injury was caused by a doctor’s mistake?
Determining whether your child’s birth injury was caused by an OB-GYN’s mistake requires a detailed review of the medical care provided during pregnancy, labor, and delivery.
An experienced birth injury attorney can help by gathering and analyzing medical records, interviewing witnesses, and consulting with medical experts to assess whether the health care team failed to provide the appropriate standard of care.
An attorney will look for signs of negligence, such as failing to respond to fetal distress, improper use of delivery tools, delays in performing a necessary C-section, or inadequate monitoring during pregnancy or labor. By thoroughly investigating these factors, an attorney can help determine whether medical malpractice was involved and advise you on the best course of action.
How do I find the best Alpharetta birth injury attorney near me?
If you’re feeling uncertain about whether your child’s birth injury could have been prevented or if medical negligence played a role, it’s time to finally get the answers you deserve.
Experienced birth injury attorney Laura Brown understands the immense emotional and financial costs that come with caring for a child with a birth injury, which is why she’s dedicated her entire practice to supporting families like yours through these challenging times. With Laura’s vast birth injury knowledge and compassion to fight for justice, she can help you get the compensation your child needs to live their life to the fullest.
In addition to serving clients in Alpharetta, Laura also represents birth injury cases in multiple states, including as a California HIE birth injury attorney and a Florida birth injury attorney.
Contact Brown Trial Firm today to schedule a free consultation and take the first step toward securing your child’s future.
