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You are here: Home / Practice Areas / Malpractice Claims / Medical Malpractice / Birth Injury Attorneys

Birth Injury Attorneys

newborn-babyWhen parents find out that there will be a new member of the family, they are filled with excitement. They are making baby announcements, buying clothes, creating a baby room and checking out products to make sure that the items will be safe for their infant. As the day for the birth arrives, everyone is anxious welcome the baby into the world. However, during the delivery, injuries may occur to the infant that were not expected by either the parents or the medical professional and may have been preventable.

What Is a Birth Injury?

A birth injury, also called a birth trauma, is a physical injury that occurs to the baby during the delivery or during the labor. There can be a range of conditions and causes that can occur for the baby to experience trauma. The baby may be larger in size than expected as the mother can go through a difficult and prolonged delivery. Another reason could be that the baby is delivered early, or that the baby is not in the right position during labor and becomes caught on the mother’s pubic bone.

Other conditions that can cause birth injuries include that the woman’s pelvis is not the right shape or size, called cephalopelvic disproportion, or that the baby is coming out feet or buttocks first.

Common Birth Injuries

There are a wide range of injuries that can occur to a baby during labor. Here is a list of the most common traumas a child may experience.

  • Head Bruising or Lacerations: As the baby travels through the birth canal or when encountering the mother’s pelvic bone, they can experience bruising. Bruising can also occur when the medical professional or midwife uses a type of device that can help the baby be delivered, such as forceps or vacuum-extraction devices. A vacuum-extraction device may also cause head lacerations.
  • Tissue Swelling: The soft tissues located in the baby’s scalp can swell due to the baby moving through the birth canal. This condition, called caput succedaneum, may also be accompanied by bruising. The swelling will usually subside in a few days.
  • Oxygen Deprivation: The baby may experience oxygen deprivation any time before or during birth. There are many causes of this condition, such as the umbilical cord wrapping around the baby’s face or throat, the delivery taking too long, or the baby’s shoulder getting stuck on the mother’s pubic bone as this is called shoulder dystocia. In severe cases, the lack of oxygen can lead to brain damage or death.
  • Fractures: The collarbone or clavicle can break during difficult deliveries or breech delivers.
  • Nerve Damage: Nerve damage can occur to the face, neck or shoulder region. There could be pressure on the baby’s face that causes the facial nerve to be injured, as this is called facial palsy. Depending on the severity of the injury, it may be able to heal on its own or could require surgery.

Nerve damage along the shoulders and neck can occur during shoulder dystocia where the baby has difficulty being delivered because the shoulder is stuck inside the mother. The nerves become stretched and injured. Referred to as brachial palsy, brachial plexus injury or Erb’s palsy, the nerves may heal by themselves. If there is tearing, there may be permanent nerve damage and paralysis.

What to Do About a Birth Injury

In some circumstances, the injuries may not have been predicted, discovered or prevented. Other times, human error can be the culprit. An inexperienced midwife or a young medical practitioner may have caused the injury to occur or to worsen. In these cases, it is always in the best interests of the parents to seek out legal representation to see if the family is entitled to medical compensation and other damages.

If you are in this situation, an attorney will be able to thoroughly evaluate your case, review medical records and gather evidence that you can use to make the best decision for your family. At The Law Offices of Daniel J. O’Neill, we are experienced in personal injury and medical malpractice. We can provide you with a free case review and provide you with the right options based on your particular circumstances.

Contact our law offices today as we can bring you peace of mind that your rights will be protected and that you can seek out compensation for your baby’s injuries.

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LAW OFFICE OF DANIEL J. O’NEILL

1264 Higuera Street Ste. 205
San Luis Obispo, CA 93401

Phone: 805-542-0639
Fax: 805-542-0841

Four-time recipient of the Trial Lawyer of the Year Award from the Central Coast Trial Lawyers Association.

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