Slate’s Law Blog

Brain Damage and Birth Injuries: When is a Doctor Liable?

Brain Damage and Birth Injuries: When is a Doctor Liable?

Nobody anticipates that their baby will suffer a serious injury that results in brain damage during childbirth. Yet much too often, parents learn that their infant has sustained brain damage as a result of a healthcare provider’s negligence during pregnancy or during delivery, and that the child will deal with disability for the rest of their life. Many different types of circumstances or medical errors can result in a baby sustaining brain damage. Depending upon the particular facts of your case, a healthcare provider may be liable for your baby’s head injuries. How can you know when a doctor is liable? 

The following information can help you to learn more about brain damage and birth injuries, but you should have an experienced Santa Fe medical malpractice lawyer evaluate your case. 

Birth Injuries Affecting the Brain Can Have Multiple Causes

It is important to know, first, that some birth injuries involving brain damage may be the result of medical malpractice, but not all birth injuries are indicative of a medical error. According to Stanford Children’s Health and the Lucille Packard Children’s Hospital, a baby’s size can contribute to the risk of a birth injury, as well as a premature birth, a long or difficult labor, an overweight mother, a cesarean delivery, or use of devices to deliver the baby such as a vacuum or forceps. In some situations, a doctor might make a mistake or fail to act as a reasonable physician would under the same or similar circumstances, and in those situations the doctor may be liable. 

Some of the most common head or brain injuries that occur during childbirth include the following:

  • Skull fractures;
  • Hemorrhages and hematomas, include subgaleal hematomas and cephalohematomas;
  • Hypoxic ischemic encephalopathy, which can also be known as prenatal asphyxia;
  • Hydrocephalus;
  • Caput succedaneum;
  • Periventricular leukomalacia; and
  • Kernicterus.

Causes of Brain Trauma in Infants

What are some of the most common causes of brain injuries among infants? The following issues or mistakes may result in a baby being born with a brain injury or other head trauma, and may allow the parents to file a medical malpractice claim against the healthcare provider responsible for the mother’s treatment or for delivering the baby:

  • Failure to treat or diagnose an infection in the mother, such as an intra-amniotic infection or toxoplasmosis;
  • Oxygen deprivation which may result from a placental abruption, trauma during delivery, or a twisted umbilical cord; and
  • Failure to recognize risks of oxygen deprivation and a resulting failure to perform an emergency cesarean;
  • Error during a cesarean section (C-section); or
  • Misuse of a vacuum, forceps, or another device during delivery.

In any of the above circumstances, the healthcare provider who is responsible may be liable for your baby’s injuries.

Contact a Santa Fe Medical Malpractice Attorney

Do you need assistance with a case involving a child’s birth injury? One of the experienced Santa Fe medical malpractice lawyers at our firm can discuss your options with you today for seeking financial compensation. Contact Slate Stern Law today for more information.