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Common Birth Injuries and When You Can File a Medical Malpractice Claim

Common Birth Injuries and When You Can File a Medical Malpractice Claim

Medical malpractice continues to be a growing concern in the United States, affecting tens of thousands of people every year. When innocent newborns are the victims, it can be highly devastating.

Babies harmed during childbirth often require lifelong medical care. Families must have the financial resources to cover the costs to ensure the affected children have the best chance at a normal life.

Our Long Island medical malpractice attorney understands how emotionally charged these situations can be. We will fight for your rights and to protect others who may face the same devastation.

Common Birth Injuries

Several types of birth injuries can affect children and their mothers. Here are some of the most common.

Brachial Plexus Injuries

Damage to the brachial plexus nerves, often caused by shoulder dystocia during delivery, may result in conditions like Erb’s palsy or Klumpke’s palsy, affecting arm and hand movements.

Cerebral Palsy

Cerebral palsy is a group of disorders affecting movement and coordination. It can result from brain damage during childbirth, often due to oxygen deprivation.

Facial Nerve Injuries

Pressure on the baby’s face during delivery can lead to facial nerve injuries, causing conditions like Bell’s palsy, which affects facial muscle control.

Hypoxic-Ischemic Encephalopathy (HIE)

HIE is a condition caused by oxygen deprivation to the brain, leading to brain damage. It is often associated with complications during childbirth.

Brachycephaly and Plagiocephaly

Deformities of the skull, such as brachycephaly (shortening of the head) or plagiocephaly (flattening of one side), can occur due to pressure during delivery.


Infections can occur if proper hygiene is not maintained during delivery, potentially leading to complications for the newborn.


Fractures, particularly of the clavicle or collarbone, may occur during a difficult delivery. These fractures typically heal with proper medical care.

Caput Succedaneum and Cephalohematoma

Swelling or bruising of the baby’s head, known as caput succedaneum or cephalohematoma, can occur during labor and delivery.

Meconium Aspiration Syndrome

If a baby inhales meconium (the baby’s first stool) into the lungs during delivery, it can lead to respiratory issues and infection.

Intracranial Hemorrhage

Bleeding within the baby’s skull, known as intracranial hemorrhage, can occur due to trauma during delivery, potentially causing long-term issues.

Perinatal Asphyxia

Oxygen deprivation during labor and delivery may lead to perinatal asphyxia, potentially resulting in brain damage and long-term neurological issues.

It is important to note that not all birth injuries are preventable. Sometimes, the injuries may be temporary or resolved with proper medical care.

However, when birth injuries result from medical negligence or errors during the delivery process, our Long Island personal injury lawyer can help you pursue legal action against the responsible party to seek compensation for your damages.

Identifying Common Acts of Medical Malpractice

After experiencing a birth injury, you may have a legal right to file a personal injury claim. Successfully identifying the act of medical malpractice that caused the birth injury is vital to your ability to recover compensation for medical expenses, loss of enjoyment of life, and other damage. Some of the medical malpractice cases that our Long Island medical malpractice attorney has helped clients recover from involve:

  • Failing to monitor fetal heart rate: This includes negligence in monitoring the fetal heart rate during labor, which can lead to missed signs of distress. This can potentially result in oxygen deprivation and birth injuries.
  • Incorrect or untimely diagnosis: This can include the failure to diagnose and address conditions immediately, such as preeclampsia, gestational diabetes, or infections during pregnancy.
  • Improper use of delivery tools: Misuse or improper application of forceps or vacuum extraction during delivery can lead to injuries such as facial nerve damage, skull fractures, or intracranial hemorrhages.
  • Delayed cesarean section: Delayed or improper decisions regarding the need for a C-section in cases of fetal distress or other complications can result in birth injuries due to oxygen deprivation.
  • Medication errors: Medication errors, including dosage miscalculations or administering the wrong medication, can adversely affect the mother and the unborn child.
  • Negligent prenatal care: Failure to provide proper prenatal care, including monitoring the mother’s health and addressing potential risk factors, may result in preventable birth injuries.
  • Not responding to complications correctly: Failing to respond quickly and appropriately to complications during labor, such as umbilical cord prolapse or placental abruption, can have life-threatening consequences.

If you or your child was harmed due to these or other acts of negligence, you may be able to file a claim against the responsible care provider. The statute of limitations that you have to file a claim for medical malpractice is two years and six months from the date the incident occurred. You must seek representation as soon as possible. Our Long Island personal injury lawyer can help you gather evidence and prove your compensation claim.

Call Our Long Island Medical Malpractice Attorney Today

At the Law Office of Joseph J. Perrini, III, we have been fighting for the rights of injured individuals in New York City since 1996. Our track record speaks for itself, with tens of millions of dollars recovered for our clients through aggressive negotiation and litigation strategies. With us by your side, you can trust that justice will be served. Contact our Long Island personal injury lawyer for a free consultation.

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