For many parents, discovering that their child has a birth injury can leave them with more questions than answers.
What went wrong during delivery? Could this have been prevented? How will we pay for their future medical care and treatments?
These are questions no parent should have to ask, yet they’re all too common for families facing the aftermath of a preventable birth injury.
As an experienced birth injury attorney in South Fulton serving families across the state, Laura Brown understands the heartbreak and uncertainty that comes with learning your child’s injury may have been caused by medical negligence. That’s why she’s dedicated her entire practice to helping parents uncover the truth.
At Brown Trial Firm, we leave no stone unturned in the pursuit to hold doctors, nurses, and hospitals accountable so families can secure the resources they need to provide their children with the best possible futures.
Can’t stop thinking that your child’s birth injury could have been prevented?
What is considered a birth injury?
A birth injury refers to any trauma or harm that occurs to a baby during pregnancy, labor, delivery, or immediately after birth. These injuries can lead to long-term physical, cognitive, or developmental challenges for the child, as well as emotional and financial strain for the family.
Below are common examples of birth injuries:
- Hypoxic-ischemic encephalopathy (HIE). This brain injury results from a severe lack of oxygen and blood flow to the baby’s brain during birth, which can cause cognitive and physical disabilities if not promptly treated.
- Cerebral palsy (CP). Often linked to oxygen deprivation (hypoxia) and brain damage during delivery, cerebral palsy can result in long-term challenges with motor control, muscle tone, and developmental milestones. HIE can sometimes lead to cerebral palsy, depending on the area of the brain that is impacted.
- Periventricular leukomalacia (PVL). This is a type of brain injury where white matter tissue in the brain dies due to a lack of oxygen and blood flow. It’s often associated with premature births or infections and can lead to developmental delays and motor impairments. Like HIE, periventricular leukomalacia can also cause a form of CP called “periventricular leukomalacia cerebral palsy” if the damage to the brain’s white matter affects the areas responsible for motor control.
- Brachial plexus injuries. Injuries such as Klumpke’s palsy and Erb’s palsy affect the nerves controlling the arm and hand, often caused by excessive pulling or shoulder dystocia (where the baby’s shoulder is stuck behind the mother’s pelvic bone) during delivery. Severe cases may result in permanent weakness or paralysis in the arms.
- Spinal cord injuries. Trauma to the spinal cord during delivery caused by improper use of forceps or a vacuum extractor can lead to partial or complete spinal cord paralysis, depending on the severity of the injury.
- Kernicterus. This preventable condition results when severe jaundice is left untreated or mismanaged, leading to high bilirubin levels that cause brain damage. It can ultimately lead to hearing loss, cognitive impairments, and movement disorders.
- Fractures. Broken bones, such as the clavicle, can occur during difficult deliveries, especially when forceps or vacuum extraction is improperly applied.
- Facial paralysis. Bell’s palsy and other facial nerve injuries can result from excessive pressure or improper use of delivery tools, potentially causing temporary or permanent facial paralysis.
- Meconium aspiration syndrome. This occurs when a baby inhales meconium-stained amniotic fluid during delivery, leading to respiratory distress or lung infections.
- Infections. Missed or untreated infections in the mother, such as Group B Strep and hepatitis B, can be passed to the baby, causing sepsis, meningitis, organ failure, cancer, or other severe complications.
While not all birth injuries are preventable, many are the result of medical negligence or errors by health care providers.
Apgar scores & birth injuries
Understand when a low Apgar score after birth could be a sign of medical negligence.
How do you diagnose a birth injury?
While birth injuries may first be observed by parents or pediatricians, diagnosing the specific condition and its cause often requires the expertise of specialists. Parents may notice symptoms such as developmental delays, unusual muscle tone, or difficulty feeding, prompting a pediatrician to recommend further evaluation.
A qualified pediatrician or specialist may use a combination of medical evaluations, tests, and observations to diagnose a child’s birth injury, including:
- Physical examination. Doctors assess the baby for physical signs of injury, such as bruising, unusual muscle tone, or limited movement in limbs, which may indicate nerve damage or fractures.
- Blood tests. These tests may be able to detect signs of oxygen deprivation, infection, or elevated bilirubin levels associated with kernicterus.
- Review of medical records. A thorough review of pregnancy, labor, and delivery records can also help identify potential issues, such as signs of fetal distress during labor, a premature birth, placental issues, or problems with the umbilical cord, that may have led to a birth injury.
- Imaging tests. Tests like MRIs, CT scans, or ultrasounds can identify brain damage (e.g., HIE or PVL), spinal cord injuries, or broken bones.
- Neurological assessments. Doctors evaluate reflexes, muscle tone, and developmental milestones to detect neurological conditions like cerebral palsy.
- Developmental monitoring. Depending on the severity of the birth injury, ongoing observation of the baby’s growth, motor skills, and cognitive development over time may be needed to reveal issues that might indicate a birth injury.
If you suspect that something might be abnormal or wrong with your child’s development, never hesitate to seek medical care. A prompt diagnosis is critical for developing a care plan and ensuring your child receives the necessary treatments to improve their long-term outcome.
When is a doctor responsible for a birth injury?
A doctor might be responsible for a birth injury if their actions—or failure to act—fall below the standard of care expected in the medical field and directly result in harm to the baby or mother. Medical professionals are required to follow best practices established by the medical community to ensure safe pregnancies and deliveries, and failing to meet these standards may constitute medical negligence.
Below are some common examples of OB-GYN negligence that can occur at different times during pregnancy, labor, and delivery.
- Failure to monitor high-risk pregnancies. Not recognizing or addressing conditions like gestational diabetes, preeclampsia, or intrauterine growth restriction (IUGR) can increase the risk of birth injuries.
- Improper diagnosis or treatment of maternal infections. Failing to identify and treat maternal infections such as chorioamnionitis, syphilis, or urinary tract infections can lead to serious complications for the baby, including sepsis, brain damage, hearing loss, and blindness.
- Medication errors. Prescribing harmful medications or failing to adjust medications for pregnant patients can harm fetal development and lead to injuries.
- Inadequate monitoring. Failure to monitor fetal heart rate or maternal vitals can cause doctors to miss signs of oxygen deprivation or fetal distress, leading to brain injuries like hypoxic-ischemic encephalopathy (HIE).
- Delaying a necessary C-section. If a baby shows signs of distress during a prolonged labor because they’re in an abnormal position for delivery or the mother’s pelvis is too small, known as cephalopelvic disproportion (CPD), an emergency cesarean section (C-section) should be performed. Failure to quickly deliver a baby under distress could be medical negligence.
- Improper induction or use of labor-enhancing drugs. Misuse of drugs like Pitocin to induce labor can cause excessive contractions, reducing oxygen flow to the baby.
- Misuse of delivery instruments. Incorrect or excessive use of tools like forceps or vacuum extractors can result in skull fractures, brachial plexus injuries, or nerve damage (e.g., Erb’s palsy).
- Failure to address shoulder dystocia. Mishandling shoulder dystocia—a condition where the baby’s shoulder becomes stuck in the birth canal—can result in broken bones or permanent nerve damage.
- Improper techniques. Applying excessive pressure or improper maneuvers during delivery can cause physical trauma to the baby or mother.
- Mismanagement of umbilical cord prolapse. Failing to promptly and properly address umbilical cord prolapse—a condition where the cord slips into the birth canal ahead of the baby—can lead to oxygen deprivation, brain damage, or stillbirth.
- Failure to resuscitate. Delayed or inadequate resuscitation for babies struggling to breathe can lead to oxygen deprivation and long-term complications.
- Not treating post-birth infections. Failing to identify or treat neonatal infections such as jaundice, meningitis, or sepsis can result in serious or fatal outcomes.
- Mismanagement of premature infants. Not providing the necessary care for preterm babies, such as monitoring their breathing or feeding, can lead to developmental delays or other health issues.
- Failure to order brain cooling for HIE. For babies showing signs of hypoxic-ischemic encephalopathy, neglecting to order therapeutic hypothermia (brain cooling) within the critical treatment window can result in severe brain damage or cerebral palsy.
Doctors and delivery room nurses have a duty to provide attentive, competent care at every stage. If their negligence causes a preventable birth injury, they can be held accountable.
Families who suspect a medical mistake could have caused their child’s injury at birth should seek advice from an attorney who specializes in birth injury law. A qualified birth injury lawyer can help you understand your legal options and gather the evidence needed to secure compensation for your child’s medical treatment and long-term care.
Where can I find a qualified South Fulton birth injury lawyer near me?
If your child has suffered a birth injury, you deserve compassionate support and experienced legal representation. At Brown Trial Firm, South Fulton birth injury attorney Laura Brown focuses exclusively on birth injury cases, giving her the in-depth medical and legal knowledge needed to navigate the complexities of these claims.
Her specialization in birth injury law ensures that every case is handled with the precision and care it deserves. Laura understands the emotional and financial toll birth injuries can take on families and is committed to holding medical professionals accountable when their negligence causes harm.
Contact Brown Trial Firm today for a free consultation to discuss your case, and learn how Laura can help you pursue justice and secure the resources your child needs for a brighter future.
