Des Moines Birth Injury Attorney

What is birth trauma?

Birth trauma refers to physical injuries sustained by a newborn during the labor and delivery process. Unlike birth injuries, which can encompass harm caused before, during or shortly after birth, the term “birth trauma” is specifically focused on physical harm that occurs as the baby passes through the birth canal. 

While some birth traumas are minor and heal without long-term effects, others can lead to more serious, lifelong conditions. It’s worth noting that not all birth trauma is the result of medical negligence; some may occur despite the best efforts of health care providers.

Common examples of birth trauma

• Intracranial hemorrhage. This is bleeding under the baby’s skull, often caused by the use of vacuum extractors or forceps during delivery.
• Fractures. These can occur when there is excessive force applied during delivery or when delivery instruments like forceps are used incorrectly. Fractures can happen to many areas of the body, including the skull, clavicle (collarbone), legs and arms.
• Spinal cord injuries. Though rare, these can occur from excessive pulling or twisting of the baby during delivery, causing potential lifelong consequences.
• Cephalohematoma. This is a pooling of blood between the baby’s skull and the periosteum (membrane covering the bones). It often occurs due to the use of forceps or vacuum extractors.

What is a birth injury, and how does it differ from a birth trauma?

While the terms “birth injury” and “birth trauma” are sometimes used interchangeably, a birth injury encompasses a broader range of harm that can occur before, during or shortly after the labor and delivery process, whereas a birth trauma is more specific, focusing on physical harm caused during the actual process of birth.

Birth injuries can involve not just mechanical forces but also issues like a lack of oxygen or medication errors. They include both physical trauma like fractures as well as neurological or developmental issues like cerebral palsy.

Like birth traumas, birth injuries can be caused by medical negligence, natural complications or a combination of factors.

Common examples of birth injuries

• Cerebral palsy. This is a neurological disorder that affects muscle coordination and movement. It’s often caused by a lack of oxygen to the baby’s brain during labor or delivery.
• Hypoxic-ischemic encephalopathy (HIE). This is brain damage resulting from a lack of oxygen and blood flow. It may be caused by complications like umbilical cord problems, placental abruption, or a delayed cesarean section (C-section).
• Brachial plexus injury (including Erb’s palsy and Klumpke’s palsy). These injuries affect the nerves that control the arm muscles. They often occur when excessive force is applied during delivery, especially in shoulder dystocia situations.
• Facial nerve injury. This can occur if there’s pressure on the baby’s face during delivery or the use of forceps. It affects the nerves controlling facial muscles.

How do you prove a health care provider caused a birth injury?

To prove negligence in a birth injury case, it must first be established that the health care provider owed a “duty of care” to the patient. In medical settings, this duty of care exists inherently when a health care provider agrees to treat a patient. 

For birth injuries, the duty extends not just to the mother but also to the newborn child. The standard for this care is generally based on what a reasonably competent health care provider in the same specialty would do under similar circumstances.

Once the duty of care is established, the next step is to prove that there was a breach of that duty. This means showing that the care provided fell below the accepted medical standards.

After establishing a breach of duty, you must then prove causation—that is, show a direct link between the health care provider’s breach of duty and the injury suffered. This is often the most challenging aspect and generally requires expert medical testimony to show that the injury was not just a natural occurrence but was directly caused by the health care provider’s actions or omissions.

Finally, to successfully claim compensation, it needs to be demonstrated that the injury led to specific damages, whether they are economic (like medical bills or loss of income) or non-economic (like pain and suffering).

What are common defenses used in birth injury cases?

In birth injury lawsuits, the defending parties often employ various legal strategies to counter claims of negligence or malpractice. While the specifics can vary depending on the details of the case, some common defenses include the following:

• Standard of care. The defendant may argue that the care provided met the medical standard of care under the circumstances, meaning that they acted in a manner that any reasonable health care provider would have in the same situation.
• Causation. Even if there was a departure from the standard of care, the defense might argue that this did not directly result in the birth injury, attempting to break the chain of causation that is essential for a plaintiff to succeed.
• Pre-existing condition. The defense may claim that the birth injury was the result of a pre-existing medical condition or genetic disorder rather than an act of negligence or malpractice.
• Informed consent. Defendants might argue that the risks were explained to the parents and that they consented to the procedure or treatment that led to the injury.
• Unforeseeable complications. The defense may claim that the injury was the result of sudden and unforeseeable complications that could not have been prevented or anticipated, even with the best medical care.

Legal defenses in birth injury cases are often complex and require an understanding of both law and medicine. It is crucial for plaintiffs to consult with knowledgeable attorneys to effectively counter these defenses.

What types of compensation is my child entitled to after a birth injury?

Children who have suffered birth injuries due to medical negligence may be entitled to various types of damages to help support their immediate and long-term needs. These damages can be broadly categorized into economic and non-economic damages.

Determining the amount and types of damages a child may be entitled to is a complex process requiring a deep understanding of the law, the medical condition, and the long-term impact of the injury. It’s crucial to consult with experienced attorneys who specialize in birth injury cases to ensure that you secure the compensation needed to provide the best quality of life for your child.

Get help from an experienced Des Moines birth injury attorney

Proving that a health care provider caused a birth injury is a complex and often lengthy process. If you suspect that your child has suffered a birth injury due to medical negligence, contact experienced Des Moines birth injury attorney Laura Brown at Brown Trial Firm. 

Laura has dedicated her practice to helping families like yours recover the compensation they deserve to support their children’s current and future needs. Contact her office today for a free consultation to learn more about your legal options.