Learning that your baby has suffered a birth injury can turn your whole world upside down. Many parents become so focused on helping their child recover and adjusting to the new challenges their family faces that they may not take the time to consider whether the injury was caused by a medical mistake.
While it can be understandably difficult to consider the possibility that a trusted OB-GYN made an error that injured your child, if you find yourself with a nagging feeling that something might have gone wrong, it’s important to explore that concern for the sake of your child’s future.
Birth injuries can have long-lasting effects on your child’s health and future, so understanding whether medical negligence played a role is crucial. If there’s even a possibility that your child’s injury was the result of a preventable error, you have the right to seek answers and accountability.
At Brown Trial Firm, experienced Decatur birth injury attorney Laura Brown focuses her entire practice on birth injury cases, advocating for families and helping them navigate the complex process of investigating and pursuing claims of medical negligence. She’s dedicated to fighting for the compensation your family needs to secure your child’s care and future.
Have questions about your child’s birth injury but unsure what to do next?
Laura Brown can find answers and be the advocate your child and family deserve.
What is medical negligence in pregnancy or childbirth?
Medical negligence during pregnancy or childbirth happens when a health care provider fails to meet the expected standard of care, which is to the level of skill that a professional in the same field would be expected to provide under similar circumstances.
When a doctor deviates from this standard through their actions or inactions and the mother or baby is harmed as a result, it’s considered OB-GYN malpractice.
What kinds of medical mistakes are most likely to lead to birth injuries?
There are a number of medical mistakes that health care providers can make throughout pregnancy, labor, and delivery that commonly lead to birth injuries, including:
- During pregnancy. OB-GYNs may fail to diagnose or misdiagnose critical conditions like gestational diabetes, preeclampsia, placenta previa, infections, or sexually transmitted diseases like syphilis or herpes that pose risks to both the mother and baby. Inadequate monitoring of the baby’s development, failure to identify restricted growth (intrauterine growth restriction (IUGR), or overlooking signs of fetal distress can lead to serious health complications and premature birth. Additionally, prescribing harmful medications or failing to adjust care for high-risk pregnancies can also result in preventable birth injuries.
- During labor. Failing to recognize and promptly respond to signs of fetal distress, such as an abnormal heart rate or low oxygen levels, can cause significant harm, including brain damage. Other mistakes include improper administration of labor-inducing drugs, like Pitocin, or mishandling prolonged labor situations, which may result in uterine rupture or trauma to the baby.
- During delivery. Common delivery mistakes include the improper use of vacuum extractors or forceps, which can result in physical trauma like fractures and nerve damage. Delays in performing an emergency C-section when medically necessary, such as in cases of umbilical cord prolapse, placental abruption, or fetal distress, can lead to severe oxygen deprivation, permanent brain damage, and even infant death. Additionally, poor management of shoulder dystocia, fetal malposition, or excessive bleeding after delivery can cause serious injuries to both the baby and mother.
Each of these medical errors can have devastating, lifelong effects, making it critical for health care providers to carefully monitor and respond to potential complications throughout pregnancy, labor, and delivery.
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.
Which birth injuries are most likely to result from medical mistakes?
While not all birth injuries can be prevented, some are more commonly associated with medical mistakes during pregnancy, labor, and delivery. These include:
- Cerebral palsy (CP). Often caused by oxygen deprivation during birth, cerebral palsy is a form of brain damage that can result from delayed responses to fetal distress, prolonged labor, or failure to perform a necessary C-section. This condition affects muscle control, coordination, and movement.
- Hypoxic-ischemic encephalopathy (HIE). HIE is brain damage caused by a lack of oxygen and blood flow to the baby’s brain, often due to delayed or improper medical intervention during labor. This can lead to cognitive impairments, developmental delays, motor skill issues, and conditions like CP, depending on the area of the brain affected. Prompt treatment like brain cooling therapy is often necessary to minimize damage.
- Brain bleeds. Brain hemorrhages, or intracranial bleeding, can be caused by the improper use of delivery tools, the use of excessive force during delivery, or premature delivery. These injuries can lead to long-term cognitive and developmental problems.
- Neonatal stroke. Strokes in newborns can result from issues during delivery, such as blood clots or oxygen deprivation. This can lead to lifelong challenges, including motor skill impairments, seizures, or developmental delays.
- Seizures. Seizures in newborns are often a sign of underlying brain injury, such as HIE or brain bleeds, and can be triggered by a lack of oxygen during birth. Seizures can result in further brain damage if not treated promptly.
- Meconium aspiration syndrome (MAS). MAS occurs when a newborn inhales meconium-stained amniotic fluid, which can happen if medical staff fail to promptly clear the baby’s airways or manage fetal distress properly. It can cause respiratory issues and may lead to long-term lung damage or developmental problems.
- Kernicterus. Kernicterus is a type of brain damage caused by untreated jaundice, which occurs when a newborn’s bilirubin levels are too high. Failure to monitor and treat jaundice in a timely manner can lead to severe cognitive impairments, hearing loss, and movement disorders.
- Paralysis. Improper use of delivery tools or excessive force during birth can cause nerve damage, leading to conditions like Erb’s palsy and Klumpke’s palsy (arm paralysis) or Bell’s palsy (facial nerve paralysis). These injuries can be temporary or permanent, depending on the severity of the damage.
Determining whether a birth injury was the result of a medical mistake requires a thorough investigation by a skilled birth injury attorney. They can review medical records, consult experts, and gather the necessary evidence to help establish whether negligence played a role in your child’s injury.
What is the statute of limitations for birth injury cases?
How much time you have to file a birth injury lawsuit depends on where you live.
What do I need to do to file a birth injury claim?
The first step in filing a birth injury claim is to find an experienced birth injury attorney. A good attorney should listen to your story and answer any questions you might have. They’ll likely also have questions for you that will help them determine if you have a legal case. If they believe that a medical mistake may have caused your child’s birth injury and you agree to work with them, they’ll start by gathering all necessary medical records and evidence and consulting with medical experts to establish that the injury was caused by medical negligence.
Once they’ve compiled the initial evidence, your attorney will file a birth injury claim and begin working with the opposing party, often the medical provider’s insurance company, to exchange information in what is known as the discovery phase. During this time, both sides gather evidence, including medical records, expert testimonies, and depositions from medical staff and other witnesses, to build their cases.
Following discovery, your attorney will enter into negotiations with the insurance company in an attempt to reach a fair settlement. If a settlement offer is made that adequately covers your child’s medical expenses, future care, and other damages, your attorney will advise you on whether to accept or continue pursuing your case. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will hear the evidence and determine if medical negligence occurred and what compensation is appropriate.
While the process may seem overwhelming, an experienced birth injury attorney will have the legal expertise and resources needed to gather evidence, collaborate with medical professionals, and build a strong case on your behalf so you can focus on caring for your child.
Where can I find an experienced Decatur birth injury attorney near me?
If your child has suffered a birth injury that you suspect may have been caused by a doctor’s mistake, it’s crucial to find an attorney who specializes in birth injury law. These cases are complex and require legal knowledge specific to both medical malpractice and birth-related injuries.
At Brown Trial Firm, skilled Decatur birth injury attorney Laura Brown only takes birth injury cases, so you can trust that she has the knowledge and experience needed to handle all the legal and medical aspects of your claim. She’s committed to fighting for the rights of children and families affected by birth injuries 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 receive the dedicated legal guidance your family needs to pursue justice and secure your child’s future.
