Birth Injuries

BIRTH INJURIES
Why They Happen and How They Impact a Family
chhlaw.com

What is a Birth Injury?
A birth injury is any damage to a newborn
caused by an adverse event before, during or
after labor. These adverse events might be
related to several factors, many of which we’ll
discuss in the pages that follow.
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Examples of Birth Injuries
Brain damage
Cerebral palsy
Fractured bones
Erb’s palsy
Soft tissue damage
Breathing problems

A Distinction from Birth Defects
The term birth injury is not synonymous with birth
defect. Birth defects are associated with the health of
the fetus prior to birth. Conversely, a birth injury
stems from an event that occurs before, during or
after labor. Unlike many birth defects, external causes
lead to birth injuries.

Common Causes of Birth Injuries
Some birth injuries are caused by one traumatic
event, while others are caused by several factors. For
example, if a doctor calls for a cesarean section when
it is not needed and then misuses forceps during the
procedure, the birth injury had many causes.
Keeping that in mind, let’s look at a few ways mistakes
are made during labor.

Number 1:
Not recognizing warning signs
Doctors and nurses are trained to identify
potential risks to a baby and mother. They are
also trained to act accordingly when they see
those warning signs. Failure to take the proper
steps during labor can have disastrous
consequences for both mother and child.

Number 2:
Not alerting the mother of possible
risks
Prior to labor, a mother should be warned by
her doctor if her condition might pose a risk to
her or her baby. Doctors should advise
mothers to monitor weight, diet or any other
factor that might increase the likelihood of a
birth injury.

Number 3:
Mistakes during delivery
Several things can go wrong during labor if a doctor makes a
mistake. Examples of those mistakes include:
 Misusing forceps
 Failing to identify the need for a cesarean section or calling for
one when it isn’t needed
 Failing to administer the proper medications
 Improperly performing a vacuum extraction
 Failure to sterilize the tools and environment, leading to an
infection

Number 4:
Mistakes immediately following
delivery
If the newborn shows signs of injury or illness, doctors
and nurses should respond immediately with the
proper course of action. Both the mother and the child
should be watched closely by medical professionals to
ensure there are no signs of injury or illness.

The Impact of a Birth Injury
A birth injury can have severe effects on a newborn,
including:
 Blood loss
 Lack of oxygen
 Damage to the brain
 Damage to vital areas of the newborn’s body, such as
the face, neck, shoulders or limbs

Long-Term Consequences
While some newborns may eventually recover from injuries
suffered during birth, others do not. For those unfortunate
children and for their families, the injuries result in a lifetime of
challenges that potentially include:
 Extensive medical treatment
 Ongoing care and the need for assistance
 Expensive bills related to treatment, medication, physical
therapy and special needs living requirements
 Impaired ability to earn an adequate income
 Diminished quality of life

Seeking Legal Help
When a medical professional’s mistakes are the cause
of a serious birth injury, a family can file a medical
malpractice claim to seek payment for the costs they
will encounter. While compensation doesn’t heal
injuries, it ensures that any of the obstacles a family
faces will not be economic.

Contact CHH to Learn More
The birth injury attorneys at Cirignani Heller &
Harman, LLP have years of experience handling these
types of cases. We know how to identify signs of
medical negligence and, more importantly, we know
what it takes to build a successful case on behalf of
our clients. Our Chicago medical malpractice attorneys
offer free case evaluations.
Contact us today by calling 312-346-8700 or
filling out our online contact form.

Birth Injuries

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