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What Types of Birth Injuries Result in Medical Malpractice Claims?

What Types of Birth Injuries Result in Medical Malpractice Claims?

When a pregnant person seeks care or routine treatment during a pregnancy, or during labor and delivery, she should be able to expect that the obstetrician and other members of the health care team will provide reasonable care to prevent a serious birth injury. However, birth injuries and birth defects may be more common than you might think. According to the U.S. Centers for Disease Control and Prevention (CDC), birth injuries and defects affect about one out of every 33 babies born in the U.S. each year, which averages to about 3% of all infants born. When a baby dies at or after birth, birth defects caused by birth injuries are commonly to blame. The CDC reports that birth defects are currently the leading cause of death for newborns, and birth defects account for about 20%  of all reported infant deaths.

What types of birth injuries are most commonly cited in medical malpractice claims? Consider some of the following information from our Santa Fe medical malpractice attorneys.

Brain Injuries

Many different types of head and brain injuries can occur during childbirth, according to the Merck Manual. Some of the most common types of injuries include, for example:

  • Swelling of the head, or scalp bruising;
  • Scratches to the scalp, which can result from the use of forceps or extractors;
  • Bleeding in the head or brain, which can range widely in terms of severity (and can be life-threatening in some circumstances), and may go by the names of cephalohematoma or subgaleal hemorrhage, for example; and
  • Skull fractures.

Bone Fractures

Bone fractures can occur in many parts of the body, including the skull, legs, arms, and shoulderbone or clavicle. Many of these injuries result from pulling during childbirth, or the incorrect use of forceps.

Nerve Damage

Nerve injuries can include damage to the facial nerve, brachial plexus, phrenic nerve, or spinal cord. These injuries can result from the doctor’s use of forceps during delivery along with other factors.

Organ Defects

When an ob-gyn or another health care provider fails to provide sufficient care during a pregnancy, including to warn the pregnant patient about certain risks, the newborn might be born with an organ defect. Sometimes these defects can be genetic, but they may also result from substandard care during the pregnancy, or during the labor and delivery process. Some of the most common types of organ defects, according to the CDC, include eye defects, spine defects, heart defects, and face defects. 

Maternal Injuries

In addition to injuries affecting the newborn, mothers can also suffer serious birth injuries due to negligent medical care. Common maternal injuries include but are not limited to uterine injuries such as a prolapsed or ruptured uterus, perineal tears, and hemorrhaging. 

Contact a Santa Fe Medical Malpractice Lawyer Today

Do you have questions about filing a medical malpractice claim after a birth injury? Whether you need help filing a claim after a birth injury affecting your baby or a maternal injury, an experienced Santa Fe medical malpractice lawyer at our firm can assist you. While there are certainly situations in which a baby might suffer a birth injury or defect when the health care provider is not negligent, many birth injuries do result from medical negligence. An advocate at our firm can assess your case and provide you with more information about filing a claim. Contact Slate Stern Law to learn more about our services.