What Is A Birth Injury?

This is an injury that a baby suffers shortly before, during, or shortly after delivery during the birth process. Difficulty in birth because of: 

• Birth weight over 8 pounds, 13 ounces
• Breech or other abnormal fetal position
• Premature birth (before 37 weeks); babies born early have under-developed bones, muscles, and a nervous system which are more prone to birth injuries. 
• Maternal obesity
• Prolonged labor
• The mother’s pelvis is inadequately shaped for normal delivery

Are the primary reasons for birth injury or trauma. Some injuries are not preventable even with proper obstetric care. Many are mild and the baby recovers in a few days. Others are more serious and may not be immediately noticeable, such as: 

• Cerebral palsy
• Erb’s Palsy and Klumpke’s Palsy
• Hypoxia 
• Asphyxia/lack of oxygen 
• Another neonatal injury

A birth injury is different than a birth defect, which develops before the baby is born. The CDC reports that birth defects develop during the first three months of pregnancy. Factors that can increase the likelihood of birth defects include family medical history, untreated infections, or the mother’s drug or alcohol use.

Medical Negligence

Many things done incorrectly during delivery can result in a birth injury, such as: 

• Lack of prompt response in perilous circumstances
• Failure to identify evident health issues in the mother or baby
• Neglecting monitoring of the mother or baby post-delivery
• Incorrect utilization of birthing instruments like forceps or vacuum extractors
• The excessive force employed during the childbirth process

If a baby suffers injuries during the birth process, the parents may be entitled to financial compensation for the losses from the negligence, such as: 

• Past and future medical expenses
• Cost of continuing medical care, such as: 
  • In-home care
  • Special home and vehicle modifications
  • Occupational therapy
  • Counseling
  • Other related medical costs for the child
• Lost wages
• Pain and suffering and other non-economic damages

A West Virginia prenatal injury attorney can work with you to determine if you have a case and what compensation may be available to you.

Signs: How Do I Know My Baby Has A Birth Injury?

Immediately following birth, the baby may have signs such as:

• Bruising, swelling, or abrasions on the head, face, or shoulder areas, with or without birth assistance tools such as forceps or a vacuum extractor
• Facial paralysis
• A limp arm
• Fractures 
• Lack of muscle tone that presents as “floppiness”
• Seizures develop within the first 48 hours following birth
• The baby fails to begin breathing immediately after delivery
• The baby requires CPR or a breathing tube immediately after delivery 

Some symptoms may clear within a few days or a few weeks. In others, babies may not develop normally, and not achieve normal developmental milestones at 2 months, six months, one year, or more, when the symptoms of conditions such as Cerebral Palsy begin to appear. A child should be examined by a physician if one or more of these symptoms appear: 

• Cognitive deficits
• Not crawling
• Excessive fussiness
• Holding up their head on their own
• Muscle weakness or paralysis
• Rolling over
• Sitting
• Smiling
• Standing
• Talking
• Tremors
• Unusual eye movements
• Using their hands
• Walking
• Other developmental delays

If you suspect that something is wrong, consult with your pediatrician as soon as possible. He or she will use tests including vision, hearing, imaging, and intellectual testing to determine if there is any evidence of a long-term birth injury. The sooner your doctor can diagnose a condition, the sooner treatment can begin. 

Once you have a diagnosis, speak with a West Virginia prenatal injury attorney to determine if you can pursue a birth injury claim for your child.

Medical Malpractice Birth Injury Lawyer In West Virginia

You don’t have to go through this journey alone. After helping hundreds of other clients whose children experienced a neonatal injury, we’re ready and waiting to help you.

Our birth trauma lawyer in West Virginia and the legal team at Goddard Law are committed to helping you through this difficult time. We will use our extensive knowledge of medical malpractice law to present a winning case so you and your family get the compensation you deserve for your child. We specialize in providing dedicated representation, personalized counsel, and aggressive advocacy in settlements or trials. Contact the West Virginia birth injury lawyer at Goddard Law to schedule a consultation.