The birth of a child is meant to be a joyous occasion, but when a birth injury occurs, a family’s whole world can be turned upside down. In the face of such a heartbreaking situation, it’s natural to have countless questions running through your mind: How did this happen? Could it have been prevented? Will my child face long-term challenges? These are questions that no parent should have to ask, yet birth injuries often occur unexpectedly, leaving families searching for answers.
It’s completely normal to feel lost and unsure of what to do next or where to turn for help. We created this page to help you understand some of the common causes of birth injuries, when medical negligence may have played a role, and the steps you can take to ensure your child receives the care they need to thrive.
If you’re seeking answers or need personalized legal guidance, know that you don’t have to face this alone. At Brown Trial Firm, experienced Johns Creek birth injury attorney Laura Brown has the specialized knowledge and compassion you need to navigate this difficult time.
Learn more about what Laura can do to fight for the justice and compensation your family deserves by scheduling a free consultation.
What are the common birth injuries?
A birth injury refers to any harm or trauma that occurs to a baby during pregnancy, labor, delivery, or immediately after birth. While some birth injuries are minor and heal on their own, others can have serious, lasting consequences that affect a child’s development and quality of life.
Below are some of the most common birth injuries:
- Hypoxic-ischemic encephalopathy (HIE). This serious condition results from a lack of oxygen and blood flow to the baby’s brain before, during, or right after delivery, often due to complications with the placenta, umbilical cord issues, infections, or prolonged birth. It can lead to long-term developmental, cognitive, or motor function challenges, and in severe cases, it can contribute to conditions like cerebral palsy (CP), depending on the areas of the brain that are affected.
- Intracranial hemorrhage. Bleeding in the baby’s brain can result from a premature birth, a prolonged birth, or trauma during delivery, particularly if instruments like forceps or vacuum extractors are used incorrectly. This can lead to long-term neurological issues.
- Erb’s palsy. Damage to the network of nerves that controls movement in the shoulder, arm, and hand can occur if excessive force is used during delivery, especially in cases where the baby’s shoulder becomes stuck (shoulder dystocia) or the baby is too large to pass through the birth canal. This can result in weakness or paralysis.
- Facial paralysis. Facial paralysis, like Bell’s palsy, occurs when the baby’s facial nerve is damaged during delivery, often from the use of forceps or excessive pressure on the face. The paralysis may be temporary, but in more severe cases, it can result in permanent loss of facial movement, affecting a baby’s ability to blink, smile, or feed properly.
- Cerebral palsy (CP). Cerebral palsy is a condition that often results from brain damage caused by oxygen deprivation during pregnancy or birth. It primarily affects movement, coordination, and muscle tone, leading to lifelong physical challenges. CP can stem from various causes, such as delayed delivery, improper fetal monitoring, or medical errors during labor and delivery, and is often a potential outcome of more severe cases of HIE.
- Fractures. A common injury is a fractured clavicle (collarbone), which can occur if the baby is in an awkward fetal position or if forceps or vacuum extraction are used incorrectly. These fractures often heal, but they can still cause pain and complications.
- Kernicterus. This severe form of brain damage occurs when newborn jaundice (high levels of bilirubin in the blood) goes untreated. If bilirubin levels become dangerously high, they can cause permanent damage to the brain, leading to hearing loss, cerebral palsy, and intellectual disabilities.
- Cephalohematoma. This injury involves blood collecting between the baby’s skull and scalp, often due to the use of forceps or vacuum extraction. While it usually heals, it can increase the risk of certain complications like anemia or jaundice.
These injuries may result from natural complications, but in some cases, they are caused by medical negligence or errors made during childbirth. Understanding the causes and identifying whether medical negligence played a role is critical in determining the next steps for families.
Birth injury facts every parent should know
Get answers to some of the most common questions about birth injuries.
What are the birth injuries due to negligence?
Birth injuries caused by medical negligence (or a medical mistake) happen when health care professionals fail to meet the expected standard of care during critical moments in pregnancy, labor, delivery, or the period immediately after birth and an injury to a baby results.
Below are some examples of medical negligence that can occur at different stages of the birthing process:
- During pregnancy. Medical negligence can occur if an OB-GYN fails to properly monitor the health of the mother and baby, including not diagnosing or treating conditions like preeclampsia, gestational diabetes, or infections. If these conditions are left untreated, they can lead to complications during delivery, such as oxygen deprivation, which can cause brain damage or other severe birth injuries.
- During labor. A common example of negligence during labor is the failure to properly monitor fetal distress. Medical professionals are expected to watch the baby’s heart rate and other vital signs closely. If signs of fetal distress—like a dropping heart rate or insufficient oxygen—are not acted upon in time, the baby may suffer from a lack of oxygen, leading to conditions like hypoxic-ischemic encephalopathy (HIE), which can cause long-term developmental issues such as cerebral palsy.
- During delivery. In some cases, negligence occurs when a doctor uses excessive force or improper techniques during delivery. For instance, improper use of forceps or a vacuum extractor can cause physical trauma to the baby, leading to injuries such as brachial plexus injuries (Erb’s palsy) or fractures. Failure to perform a timely C-section when necessary can also result in serious complications for both the baby and mother.
- Immediately after delivery. After the baby is born, medical providers are responsible for ensuring the newborn receives proper care, especially if there are signs of distress. In cases of HIE where a baby has a low Apgar score or other concurrent issues, the failure to provide immediate brain cooling therapy—an important treatment that can minimize brain damage—may result in more severe, lasting injuries. Delays in this crucial treatment can worsen the baby’s condition and lead to long-term cognitive or motor function issues.
These are just a few examples of medical mistakes that can lead to birth injuries. If you believe that negligence may have played a role in your child’s conditions, it’s crucial to seek the advice of an attorney who specializes in birth injury law to begin exploring your legal options.
How do you prove medical negligence in a birth injury case?
To prove medical negligence in a birth injury case, you must show that the doctor, delivery room nurse, or other health care provider did not meet the appropriate standard of care and that this failure directly caused the injury.
To do this, you must establish the following key elements:
- Duty of care. The health care provider had a responsibility to care for both the mother and baby during pregnancy, labor, delivery, and post-delivery. This is almost always a given.
- Breach of duty. It must be demonstrated that the health care provider failed to meet the standard of care expected, such as not diagnosing a pregnancy complication, ignoring signs of fetal distress, or failing to provide timely treatment like a cesarean section (C-section) when medically necessary.
- Causation. There must be a clear link between the breach of duty and the birth injury. Medical experts may be needed to explain how the health care provider’s actions—or lack thereof—led to the baby’s injury.
- Damages. Finally, the injury must have caused harm, such as long-term medical needs, therapy, or loss of quality of life, which may result in financial burdens for the family.
If you suspect that medical malpractice may have caused your child’s birth injury, please know that you have a right to seek answers and hold the negligent party financially accountable. An experienced birth injury attorney can help you gather evidence and navigate the legal process to seek the compensation your family deserves.
How do I find a birth injury attorney near me in Johns Creek?
If you live in the Johns Creek area and you have questions about the origin of your child’s birth injury, it’s crucial to seek the help of a skilled attorney who specializes in birth injury cases. A skilled attorney can help you determine whether medical negligence played a role and guide you through the complex legal process of seeking compensation for your child’s injury.
Choosing the right birth injury attorney is essential because birth injury cases require a deep understanding of both medical and legal complexities. An experienced birth injury attorney can investigate the circumstances of your case, work with medical experts to prove negligence, and fight for the compensation your family needs to cover long-term medical care, therapy, and other expenses.
If you’re looking for compassionate, personalized legal assistance, Johns Creek birth injury attorney Laura Brown is here to help. Laura has dedicated her entire practice to helping families with birth injuries, so she understands the emotional and financial toll a birth injury can take and will fight to get your child the full compensation they deserve.
Laura is proud to advocate for families throughout Georgia and the nation, including as a California HIE birth injury attorney and a Florida birth injury attorney.
Contact Brown Trial Firm today for a free consultation to discuss your child’s case, get answers to your questions, and start exploring your legal options.
