Birth Injury Types, Signs & Symptoms

Expectant parents rely on obstetricians and medical teams to ensure their pregnancies and deliveries go smoothly. When complications arise and cause harm to your baby, you have the right to seek compensation from those responsible. You may have grounds for a medical malpractice lawsuit if a birth injury occurs due to avoidable errors.

Injuries sustained during birth can be life-changing, not just for a newborn but also for the parents. Every mother eagerly awaits the arrival of a healthy baby. While birth injuries are relatively rare, the reality is that they can occur during labor or delivery because of medical negligence.

Michigan hospitals, doctors, nurses, midwives, and others involved in the various stages of pregnancy and childbirth must provide both mother and child with proper care. When a medical professional’s negligence results in a birth injury, they can be held liable for any resulting damages.

What Causes Birth Injuries?

Childbirth can be traumatic when complications occur due to factors such as the baby’s size, prematurity, gestational age at birth, and delivery duration. When doctors fail to address issues arising during labor and delivery, the baby may be at risk of birth injuries.

Certain birth injuries are unavoidable, such as those related to congenital disabilities from genetics or inherited conditions. Other birth injuries, however, are often the result of preventable mistakes during childbirth. Medical errors can cause the infant to suffer temporary or permanent physical harm. Some potential causes of birth injuries include:

• Inadequate diagnosis or treatment of maternal conditions such as preeclampsia.
• Failure to monitor for signs of fetal distress.
• Prescription drug errors during pregnancy.
• Improper use of medical devices such as forceps or a vacuum during delivery.
• Failure to perform a timely and necessary C-section.
• Lack of proper preparation for high-risk deliveries.

Quality care before, during, and after pregnancy is vital for the well-being of both mother and baby. Around 12.5 percent of Michigan mothers received inadequate prenatal care, according to the March of Dimes 2021 Report Card.

Additionally, the report gave Michigan a C- for having a preterm birth rate of 10.2 percent. Detroit performed far worse, receiving an F for a preterm birth rate of 14.6 percent. Preterm babies can be vulnerable to infections, oxygen deprivation, and other conditions leading to birth injuries like cerebral palsy.

Types of Birth Injuries

“Birth injuries” refers to a wide range of medical conditions. They can result in brain damage or other forms of physical harm to the baby with lifelong effects. Here are some of the most common and severe birth injuries:

• Cerebral palsy.
• Erb’s palsy.
• Brachial plexus injuries.
• Shoulder dystocia.
• Soft tissue injuries.
• Facial paralysis.
• Broken bones and fractures.
• Asphyxia.
• Spinal cord injuries.
• Brain damage.

Cerebral Palsy

Cerebral palsy can occur when a baby suffers a brain injury. This debilitating condition is a collection of neurological disorders that affect muscle movement for a lifetime. Common causes include head trauma, insufficient oxygen during labor, or difficult delivery.

Around 10,000 babies in the United States develop cerebral palsy each year. Most children show signs of the condition by age three. Although there is no cure for cerebral palsy, treatments such as physical therapy, speech therapy, medications, and assistive devices can improve a child’s quality of life.

Types of cerebral palsy:

• Ataxia – the loss of use of limbs and body movement.
• Spasticity – a dragging of the foot or leg while walking.
• Athetosis – involves slow, involuntary, writhing movements.

Brachial Plexus Injuries

Brachial plexus injuries affect the network of nerves that runs from a baby’s neck to the fingers. Damage to nerves in the spine, neck, shoulder, arm, hand, or fingers can cause permanent disabilities. The newborn may suffer partial or complete arm paralysis.

There are several names for brachial plexus injuries, depending on the location of the nerve damage. One type is Erb’s palsy, which occurs at a rate of 0.9 to 2.6 babies per 1,000 live births.

Brachial plexus injuries can occur due to excessive force during childbirth or when a doctor fails to perform a necessary C-section to prevent injury. Complications such as a breech birth or long labor can also increase the risk of this birth injury.

Shoulder Dystocia

Shoulder dystocia can occur during delivery when a baby’s shoulders get stuck and cannot pass through the birth canal. The newborn may suffer permanent damage to the shoulder and arm nerves.

Shoulder dystocia is particularly dangerous when it causes oxygen deprivation, such as when the umbilical cord is pinched. Newborns can suffer brain damage when the oxygen supply is insufficient and interrupted. Severe oxygen deprivation that leads to physical disorders is known as perinatal asphyxia.

Soft Tissue Injuries

There are many soft tissue injuries, such as cephalhematoma, caput succedaneum, and lacerations. Soft tissue injuries can occur in a variety of ways. For example, the improper use of forceps during delivery can cause cuts and abrasions to the baby’s face.

Cephalhematoma refers to bleeding under a newborn’s scalp. The pooled blood can lead to complications if not treated promptly.

Caput succedaneum is a swelling of soft tissue in the baby’s scalp. It develops as the baby travels through the birth canal, particularly when medical professionals use vacuum extraction during delivery.

Identifying Signs of Birth Injuries

Determining whether a baby has a birth injury is not always straightforward. Some birth injuries may manifest in more obvious ways than others. For example, breathing difficulties may signal a serious and potentially life-threatening problem that requires immediate medical attention.

If you suspect your child has suffered a birth injury, you should consult a doctor immediately for a proper diagnosis. Here are some signs that your baby may have sustained injuries during labor or delivery:

• Blue skin.
• Fetal stroke.
• Seizures.
• Shaking or repetitive twitching.
• Unusual bruising.
• Odd stiffness or limpness upon birth.

A mother’s medical conditions may also heighten the risk of birth injuries. When the pregnancy involves placental abruption, preeclampsia, uterine rupture, gestational diabetes, or labor complications, medical staff should be especially vigilant for signs of birth injuries.

Birth Injury Symptoms

Symptoms depend on the nature of the birth injury. Some signs of a birth injury are immediately apparent after birth. Potential birth injury symptoms include:

• Broken bones.
• Dislocated shoulder.
• Seizures.
• Swelling or bruising.
• Paralysis.
• Breathing issues.
• Sensory problems.
• Unusual eye movements.

Some birth injuries may not become apparent until a few years after birth. If a child misses developmental milestones or exhibits learning disabilities when starting school, the symptoms may indicate serious brain injury. Decreased motor skills and speech problems are just some ways brain injuries can manifest.

Pursuing a Medical Malpractice Lawsuit

If your child has suffered harm from a preventable birth injury, you may have grounds for a malpractice lawsuit against the at-fault doctor, nurse, hospital, or healthcare provider. When a medical professional has failed to fulfill their duty toward a mother and child, they should be held accountable for their negligence.

Legal action may be the last thing on your mind when your child is suffering. However, it can be a source of vital financial support. A child with a birth injury will likely require ongoing care, sometimes throughout their life. Filing a medical malpractice lawsuit allows you to recover damages for medical expenses, pain and suffering, and other costs.

Bringing a birth injury claim can be long due to the complex issues involved. Choosing the right law firm to represent you can make all the difference when dealing with difficult circumstances. At Sommers Schwartz, our medical malpractice lawyers dedicate themselves to helping Michigan families recover compensation when their child suffers a birth injury.

An important point to note is that not every birth injury results from negligence. An experienced lawyer can help you determine whether you have a case for medical malpractice. Our law firm can evaluate your child’s medical records and determine whether the level of care provided to the mother and baby fell short of what reasonable patients should expect.

Wrongful Death of Mother or Child

In the most tragic circumstances, medical errors and professional negligence can cause the death of the mother or newborn. In 2020, the infant mortality rate in the United States was 5.4 infant deaths per 1,000 live births. Michigan’s infant mortality rate in 2021 was even higher at 6.3 deaths per 1,000 live births.

The Centers for Disease Control and Prevention identified birth injuries and maternal pregnancy complications among the top five causes of infant death. When a birth injury or medical error is fatal, surviving family members can pursue compensation.

Filing a wrongful death lawsuit allows the recovery of economic damages such as medical expenses and loss of income. Family members may also obtain non-economic damages for pain and suffering, emotional distress, and loss of consortium.

Because Michigan laws limit the compensation awarded in a wrongful death lawsuit, consulting an experienced lawyer is vital. Sommers Schwartz can guide you on what to expect when taking legal action and help you maximize the compensation you receive.

Contact a Michigan Birth Injury Law Firm for Immediate Assistance

If you suspect your child has suffered a birth injury due to the negligence of a medical professional or hospital, contact the dedicated team of medical malpractice attorneys at Sommer Schwartz, P.C. Since the firm’s founding in the 1970s, we have dedicated ourselves to pursuing just compensation for injured individuals and their families. Our team of experienced attorneys handles all types of birth injury cases in Detroit and across the state. Contact us today for a free and confidential consultation about your case.