Although the birthing process is a natural part of life, it is not without its risks. Even with the latest medical protocols and the most cutting-edge technologies, complications can arise that jeopardize the health of the mother and her baby. In Washington state, an average of 228 babies were born every day in 2022 (according to the most recently available data). In 2022, a total of 83,314 live births were recorded. During this same year, there were 430 fetal deaths (occurring at 20 or more weeks and not live-born) and 360 infant deaths (where death occurred after birth but before one year of age). There is a wide range of factors and conditions that can lead to fetal death or injury, some of which researchers throughout the medical and prenatal fields have yet to identify or understand. Moreover, newborns can be injured during the birthing process in any number of ways. A difficult birth, prematurity, prolonged labor, or an infant’s large size can all lead to a birth injury. While many birth injuries only cause temporary issues that heal with time, some can cause permanent impairment that requires ongoing care throughout the child’s life.
Many birth injuries occur due to unforeseen or uncontrollable factors. However, some birth injuries happen at the hands of a negligent doctor, nurse, or medical professional. If this is the case for you and your family, Washington state allows you to file a medical malpractice claim against the party whose negligence resulted in the birth injury and subsequent medical care, interventions, and other expenses stemming from the injury. Although you are not required to hire legal representation in order to pursue a medical malpractice lawsuit in the greater Seattle area, doing so is highly recommended. Enlisting the guidance of a highly qualified and caring medical malpractice and birth injury lawyer is the most effective way to identify the most strategic course of action and move through the process with greater confidence and certainty. At Menzer Law, we are selective in our cases, so we can devote our resources toward making the most significant impact. This dedicated approach allows us to deliver thorough and impactful representation to every client we represent. We encourage you to contact our office to arrange a complimentary case review. This post will cover some of the most common causes and types of birth injuries, as well as the steps you can take if your family has experienced a birth injury due to medical malpractice or provider negligence.
How Birth Injuries Differ From Birth Defects
Before we start identifying the common causes of birth injuries and the complications that accompany them, it’s worth taking some time to understand the difference between birth injuries and birth defects. According to the Centers for Disease Control and Prevention (CDC), “Birth defects are structural changes that are present at birth and can range from mild to serious conditions.” Birth defects are not yet fully understood, but there are certain risk factors that may increase the chances of a fetus being born with a birth defect. For the most part, medical experts believe that most defects are caused by a complex interaction of factors, including genetics, environmental conditions, and behavioral choices. For example, smoking, consuming alcohol, or taking certain medications can affect the health of the fetus, which can lead to birth defects. In other cases, a mother’s exposure to environmental hazards, such as certain chemicals like pesticides or poor air quality, can contribute to birth defects. Generally speaking, birth defects develop while the fetus is growing and gestating—not after the baby is born.
Birth injuries, on the other hand, occur right before, during, or immediately following the delivery of a baby. Complications during the birthing process can cause physical trauma to the baby, leading to short-term injury or long-term health conditions. For instance, an extremely long labor can deprive the baby of oxygen during the birthing process, which can cause brain damage or other substantial complications. As we move on to explore some common birth injuries in newborn babies, it’s important to recognize that these incidents occur during the critical phases of the labor and delivery process. Essentially, birth injuries occur when an otherwise healthy newborn becomes injured at some point during the birthing process.
How Common Are Birth Injuries?
Birth injuries, whether caused by provider negligence or other uncontrollable factors, continue to happen with relative frequency across the country. Fortunately, birth injuries are not likely to be fatal when they occur. According to data concerning neonatal emergencies, serious birth injury “accounts for fewer than 2 percent of neonatal deaths and stillbirths in the United States; it still occurs occasionally and unavoidably, with an average of 6 to 8 injuries per 1,000 live births.” Researchers have identified some risk factors for birth trauma, such as late-for-date infants (especially those weighing more than nine points), the use of instruments (i.e., forceps or vacuum) during delivery, and deliveries where the infant is in the breech position. Birth injuries can occur at any point of the prelabor, active labor, or delivery process. In some cases, a medical professional’s attempt to resuscitate a newborn can cause injury (like broken ribs or other damage that happens when the provider is attempting rescue breaths or other interventions). If you believe that your newborn has been the victim of a birth injury, you are not alone. Enlisting the guidance of a compassionate and experienced medical malpractice and birth injury attorney is the best way to feel heard, supported, and even empowered during this challenging time as you identify the most strategic course of action to redress this wrong.
What Are Common Birth Injuries in Washington State?
There are multiple ways in which a birth injury may occur, especially since the labor and delivery process is inherently complex and rife with potential complications. While questions like, “What are common birth injuries?” or “What is the most common birth injury?” can be challenging to answer directly or accurately, below are some of the most common birth injuries that can occur at any point during the labor and delivery process.
Fractures
The bones of a newborn are somewhat malleable, as they are designed to move through the birth canal. When complications arise during a breech delivery, collarbone fractures can occur. While it can be concerning to notice that your newborn cannot move the arm on the side of the body that has experienced the clavicle fracture, it’s important to recognize that this injury will heal. In time, your newborn’s clavicle will form new bone material and heal the fracture. A temporary soft bandage or splint may encourage healing, but these interventions will not be permanent.
Brachial Palsy
Injury to a newborn’s brachial plexus during delivery can cause temporary or permanent nerve damage to the arm or hand. The brachial plexus is the group of nerves that provides sensation to the shoulders, arms, and hands. Damage to the area during delivery, such as any intervention that causes bruising or swelling around these nerves, can lead to your baby’s inability to flex or rotate their arm. Many cases of brachial palsy are temporary, and your child should regain sensation and movement in these areas within a few months. However, when the nerve is torn or permanently damaged, your child may need surgery (such as nerve or muscle repair) in order for them to regain sensation in the area. This condition is called Erb’s palsy, and it affects 0.9 to 2.6 infants per 1,000 live births per year.
Cerebral Palsy
When a newborn does not receive enough oxygen during a difficult labor or delivery, brain impairment can occur. Cerebral palsy refers to a group of conditions and symptoms that vary widely from person to person. Mild to moderate cerebral palsy often includes symptoms like exaggerated physical reflexes, stiff muscles, irregular posture, trouble balancing, and swallowing difficulties. Many children with cerebral palsy experience delays in speech and motor development, learning difficulties, and other processing challenges. In more severe cases, the child may require a wheelchair or around-the-clock care, as they are unable to walk, feed themselves, or live independently.
Spinal Cord Injuries
If a newborn’s spinal cord is injured during the birthing process, they can experience a loss of sensation below the injury site. Spinal cord injuries can cause permanent loss of sensation or bodily control, which means that your child may be paralyzed from the waist down or even from the neck down. Paraplegia and quadriplegia (tetraplegia) are lifelong conditions that require vast amounts of care and accommodations. If you have reason to believe that a healthcare professional’s negligence during the delivery process caused spinal cord damage to your newborn, you may have the right to file a medical malpractice or birth injury claim against the at-fault party to obtain the compensation you need to secure the best possible future for your child. With an experienced lawyer specializing in birth injury cases by your side, you and your family can navigate the complexities of the legal process, gather necessary evidence, and seek fair compensation that helps you and your loved ones move forward with the stability you deserve.
If your child has suffered a birth injury at the hands of a negligent doctor or medical provider, Menzer Law provides exceptional legal guidance as we seek the compensation families are entitled to recover. Contact our Seattle office today at (206) 903-1818 to arrange a complimentary case evaluation.