Birth Injury Attorney in Phoenix, Arizona

Hospitals like Banner – University Medical Center and HonorHealth Sonoran Crossing Medical Center have helped thousands of parents in Phoenix welcome their precious babies into the world. Most of the time, deliveries go as planned, but sometimes mistakes are made that lead to birth injuries.

Unfortunately, when a birth injury occurs, it can be a devastating event that leaves families grappling with emotional, physical and financial challenges. In such times, seeking advice from a birth injury attorney can provide families with the guidance and support they need to navigate the complex legal process and get the compensation their child deserves.

If your baby suffered a birth injury as a result of a doctor’s or other health care provider’s negligence, experienced Phoenix birth injury attorney Laura Brown is ready to answer your questions and advocate on your behalf to get your family the financial help they need to secure a bright future for your child.

What’s the difference between a birth injury and a birth defect?

While both birth injuries and birth defects can result in serious medical issues and complications for babies, they have some notable differences. 

A birth injury refers to harm or trauma that happens to a baby during labor and delivery, resulting from medical negligence, errors or other complications. These injuries are often preventable. 

By contrast, birth defects are usually present before birth and can be caused by genetic factors, such as exposure to toxins during pregnancy, or socioeconomic and demographic factors, like exposure to infection, use of alcohol or drugs, and a lack of access to prenatal care. Birth defects can affect various organs or body systems and may include conditions like heart defects, cleft palates or spina bifida.

Sometimes, there is no known cause of a birth defect, or a baby can have one due to a combination of factors. Regardless, unlike birth injuries, birth defects are not the result of medical negligence.

What’s the most common birth trauma?

Birth injuries or trauma can affect babies during labor or delivery and vary in severity. The most common types include the following:

• Neonatal intracranial hemorrhage (brain bleed). A brain bleed can occur in a newborn for a variety of reasons, some of which may be due to medical negligence, such as an excessive use of force with forceps or a vacuum extractor during delivery. The effects of a brain bleed can range from minor symptoms that heal quickly to ones that can impact a child for a lifetime.
• Hypoxic-ischemic encephalopathy (HIE). Also called perinatal asphyxia, this condition results from insufficient oxygen levels during labor and delivery. The consequences of HIE can be significant and may result in long-term complications, such as developmental delays, cognitive impairments, motor disabilities and cerebral palsy. 
• Cerebral palsy (CP). This condition causes problems with the muscles and develops as a result of a brain injury. Some babies develop cerebral palsy when they suffer from oxygen deprivation during birth.
• Cephalohematoma. This injury appears as a raised bump on the baby’s head. It’s characterized by bleeding under the cranial bone and is usually caused by a forceps delivery.
• Spinal cord injuries. Fetal positions during delivery and the use of assistive devices can lead to serious spinal cord injuries in infants. In some cases, a baby can be left with neurological damage or even paralysis.
• Erb’s palsy. Also referred to as brachial plexus palsy, this birth injury results from an injury to the nerves in the brachial plexus area, which is located in the upper spine and travels to the neck, shoulder, arm and hand. Sometimes, trauma can lead to a temporary or permanent disability.
• Epilepsy and seizures. A lack of oxygen or head trauma can lead to epilepsy and seizures, which are characterized by a sudden and temporary disturbance in the normal electrical activity of the brain. They often cause brief changes in behavior, movements, feelings, or consciousness. Babies who develop seizures are also at risk for HIE and cerebral palsy, so they need to be monitored closely after birth.
• Fractures. A baby can suffer a fracture from trauma during a difficult delivery, with the most common being a clavicle (collar bone) fracture. In some cases, these injuries heal on their own, but sometimes, the infant must be immobilized for the injury to heal.
• Facial paralysis. Facial paralysis occurs when the facial nerves become inflamed or damaged. In some cases, it’s genetic, but it can also result from birth trauma, such as a doctor’s use of assistive devices like forceps or vacuum extraction during childbirth.

What are the most commonly fractured bones during delivery?

Bone fractures are a fairly common occurrence during delivery, especially if a baby is large, which often happens when they’re past their due date. Fractures can also happen when a doctor relies on forceps or vacuum extraction to help with the birth. 

The following are the most commonly fractured bones during childbirth:

• Clavicle fractures. Also called collarbone fractures, these are the most commonly suffered fractures during birth. A baby can typically heal within a few weeks by having their arm restrained to the chest.
• Growth plate fractures. Growth plates are areas of cartilage located at the ends of long bones, and they play a crucial role in bone growth. An injury to this area during birth is usually characterized by swelling in the affected arm or leg.
• Femur fractures. Sometimes, the infant suffers a femur fracture during delivery if their leg is twisted or in an awkward position.

Most fractures sustained during delivery resolve quickly, and babies usually don’t have any long-term effects after they heal.

What is the number one complication of childbirth?

Perhaps the biggest complication of childbirth is a failure to progress, which occurs when the labor process is significantly delayed or stalls, resulting in prolonged labor. This condition can increase the risk of birth injuries for both the mother and the baby.

When labor fails to progress, it can cause several complications that can ultimately lead to birth injuries:

Healthcare providers should carefully monitor and manage cases of prolonged labor to minimize the risk of birth injuries. This may involve close monitoring of the baby’s heart rate, assessing maternal health and well-being and considering appropriate interventions, such as assisted deliveries or C-sections, when necessary.

If you believe that a failure to progress during labor has resulted in a birth injury to your child, it’s essential to consult a birth injury attorney who can evaluate the circumstances surrounding your labor and delivery to determine if medical negligence or malpractice may be the cause.