Understanding Birth Injuries

1. +
UNDERSTANDING BIRTH INJURIES
When a Life Begins in Tragedy
www.indianapilaw.com

2. +
Unexpected Terror
Expectant parents worry about all
sorts of things. They worry about the
choices they’ll make as parents. They
worry about being able to provide
education, safety and opportunity for
their children. They also worry about
the health of their newborn child.
Unfortunately, for some parents, these
fears immediately become well-
founded. A birth injury can have a
terrible impact on both a child and that
child’s parents. They can be costly,
painful and lead to a life dependent on
expensive medical care.

3. +
The Tragedy of Birth Injuries
Many birth injuries occur entirely
without warning, with causes that are
unclear. However, some birth injuries
are the result of predictable and
sometimes preventable
circumstances. It’s when birth injuries
are caused by the negligence of
healthcare professionals that the
scope of the tragedy becomes all too
clear for parents, and the legal
system becomes a tool for recourse.

4. +
Birth Injuries Versus Birth Defects
While some people assume that the terms “birth injury” and “birth
defects” are synonymous, they have very different meanings.
 A birth injury is typically caused by the failure of a healthcare
professional to provide an acceptable level of care to the child
or the mother.
 A birth defect is essentially when nature goes awry, resulting in
conditions such as Down Syndrome, cleft palate or spina bifida.
Birth defects might also be caused by a mother’s health.

5. +
Birth Injury Statistics
 Every year in the United States,
there are around 28,000 birth
injuries.
 Nearly half of birth injuries are
preventable with the proper
knowledge and anticipation of
obstetrical risk factors.
 Birth injuries are one-third more
likely to occur in rural areas as
compared to urban, metropolitan
areas.
 Out of 1,000 births, 6 to 8 involve
birth injuries.

6. +
Common Types of Birth Injuries
 Fractures
 Hypoxia (oxygen deprivation)
 Bleeding of the brain
 Brain damage
 Cerebral palsy
 Brachial plexus injuries
 Wrongful death
Let’s take a closer look at a couple of these examples…

7. +
Cerebral Palsy
 The term cerebral palsy (CP) refers to a neuromuscular deficiency
affecting the brain, leading to a lack of coordination and muscle
control.
 There are three types of CP - spastic, dyskinetic and ataxic.
Spastic is the most common and least severe, while ataxic is the
rarest and most severe.
 CP can cause complications including difficulty speaking, impaired
motor skills, lack of muscle control and frequent muscle spasms.
 There is no known cure for CP.

8. +
Brachial Plexus Injuries
 A brachial plexus injury is damage to the nerves that enable
the shoulder, arm, wrist and hand to communicate with the
spinal cord.
 Brachial plexus damage can lead to several types of
palsies, including Erb’s palsy, Klumpke’s palsy and Global
palsy.
 Symptoms of brachial plexus damage include limited to no
movement of the infant’s lower or upper arm, the holding of
the affected arm against the body and a weak grip in the
affected limb.
 These injuries can cause lifelong disabilities.

9. +
How Negligence Can Cause Birth Injuries
When healthcare professionals make mistakes leading up to, during
or immediately following a birth, the burden is often carried by the
family of the newborn baby. Negligence leading to birth injuries can
include:
 Inattention on part of the staff or doctors
 Failure to properly use medical devices or tools
 Failure to perform or properly execute certain medical procedures,
such as a C-section
 Administering certain drugs to mothers during pregnancy
 Using faulty or defective medical equipment

10. +
The Costs of a Birth Injury
An injury during birth can lead to significant costs for a family.
Some of these costs are felt immediately and directly, while
others unfold over a lifetime of care. These costs include:
 Expenses due to medical treatment, surgery or ongoing care
 The pain and suffering of a child and the family
 Home nursing costs
 Lifelong costs for the injured child, including diminished quality
of life, expensive medical care and diminished ability to earn an
income.

11. +
Legal Recourse for Families
When negligence on the part of a doctor, nurse or
medical facility is the cause of a birth injury, the family
can take legal action. Filing a medical malpractice
claim is a way for many families to seek justice. It can
also provide compensation for medical bills, ongoing
medical care, treatment, pain and suffering of both the
family and child, and other losses the family might
experience due to the birth injury.

12. +
If your child’s injuries were caused by the
negligence of a healthcare professional, the
birth injury attorneys at Stephenson Rife might
be able to help you receive compensation for
the damages you and your family have suffered.
We will investigate the circumstances
surrounding your case and hold those
responsible accountable for their mistakes.
Contact Stephenson Rife today to learn more.
If Your Child Suffers a
Birth Injury…