Causes of Birth Injuries

Many birth injuries are completely avoidable

In a birth injury claim, it is alleged that a medical professional, through some type of negligence or carelessness, injured a baby or a mother. Birth injury claims may stem from a medical professional’s negligence during pregnancy, during labor and delivery, and during the neonatal period (which is typically defined as the first 30 days after the birth of a baby).

In the United States, between 6 and 8 of every 1,000 babies born suffers some type of birth injury. Many babies recover from their injuries in a short period of time. However, other babies who sustain injuries at or near the time of birth may suffer serious long-term or even permanent injuries. At The Eisen Law Firm, our Ohio medical malpractice lawyers take birth injury claims seriously. For several decades, we have been relentless advocates, laser-focused on justice and obtaining maximum financial recovery for injured children.

What causes birth injuries?

There are a number of different causes and complications that may result in birth injuries. Just a few examples include:

• Communication Errors: there are many people assisting your obstetrician welcoming a new life into the world. This creates many opportunities for communication errors. A nurse might record an elevated blood pressure but not tell the doctor; a doctor might fail to communicate the urgency of a Cesarean section to the operating team; or a midwife might tell the wrong hospital personnel about a birthing issue. The process of birth requires precise communication among the birthing team, especially in high risk pregnancies. Poor communication is a leading cause of birth injuries in the United States.

• Delaying delivery: Waiting too long to deliver a baby can cause serious complications. If a labor takes longer than about 18 hours, the baby is at serious risk of brain damage. If an emergency Cesarean delivery is indicated but is delayed, the risk of brain damage increases significantly.

• A lack of oxygen: If the baby cannot get enough oxygen, serious injuries or death may occur. In some cases, the baby’s umbilical cord is compressed and the baby cannot get enough oxygen. In other cases, damage to the placenta may interfere with the baby’s ability to get adequate oxygen. There are several other conditions that can result in inadequate oxygen delivery to the fetus, and all of them can cause severe brain damage.

• The unnecessary use of tools: In some births, medical professionals use tools, such as forceps or vacuums, to assist with getting the baby out. However, these tools pose many risks to the baby and if used improperly, may cause serious injuries.

• Failing to properly diagnose: If left untreated, a pregnant woman with certain conditions that go undiagnosed, such as infection, gestational diabetes, or preeclampsia, can seriously injure both the mother and her baby.

• Failing to thoroughly monitor: If signs of distress are not caught by proper monitoring of both mother and baby, one or both may suffer from life-threatening complications.

• Failing to assess the newborn: Once the baby is born, he or she must be assessed immediately. Failure to assess the baby adequately and to respond to any abnormalities can result in serious, permanent injury.

In many birth injury cases, a thorough investigation reveals that the medical professionals responsible for managing the pregnancy, labor, or delivery were negligent in some way and are at least partially liable for the injuries that occurred.

How do you prove a medical professional was negligent?

Showing that a medical professional was negligent is often a lengthy process. It is important to meet with an experienced birth injury attorney as soon as possible to begin working on your claim. A $2,000,000 settlement was reached with the hospital and the physician when an error was made and they were negligent . The medical staff discounted a mother’s observations when her sons’ fingers were turning blue. Five-year-old C.J. had to have all his fingers on one hand amputated.

Our skilled birth injury attorneys examine all types of evidence to build a strong negligence claim against a medical professional. This includes:

• Medical records

• Medical bills

• Photographs

• Video footage

• Witness statements

• Expert medical reports

• Medical journals

• Online medical databases

• Internal medical facility reports

• Published medical guidelines and protocols

Other types of evidence may also be submitted, depending on the facts of the claim. Our birth injury attorneys carefully review all the evidence in your case and are passionate about building the most powerful case possible against the medical professionals and other individuals or entities responsible for your child’s injuries.

If you believe you child was injured due to medical negligence during birth, contact leading Ohio birth injury lawyers today for a free consultation

At The Eisen Law Firm, our malpractice attorneys represent clients in medical malpractice and birth injury claims throughout the state of Ohio. In fact, since 1976, it’s pretty much all we’ve done. We offer a free consultation, so that you may gain an understanding of what your legal options may be. To schedule your free consultation, call 216-687-0900 or contact us online. You pay nothing until we win. No fees. No expenses. Nothing.