Birth Injuries
The process of giving birth should be a rewarding experience. However, the reality of it is that pregnancy, labor, and delivery are complex medical experiences with many opportunities for mistakes. Many types of birth injuries can occur to the mother and/or child. Injuries to the mother can include preeclampsia, maternal death, anesthesia errors, and cesarean delivery complications. Injuries to the child can affect the brain or muscles, sometimes both. Complications during delivery that affect the child can include birth asphyxia, cerebral palsy, Erb’s palsy, brachial plexus, cephalohematoma, and brain injury.
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Last Updated:
March 21, 2025
Errors that Result in Birth Injuries
It is the responsibility of medical professionals to ensure a safe birthing process for both mother and child by adhering to specific procedures. When said procedures are not properly followed, it can result in devastating consequences.
Medical errors include:
- Failure to monitor mother and child properly
- Failure to respond to signs of fetal distress
- Failure to monitor fetal heart rate
- Failure to diagnose and treat infections or other medical conditions
- Improper use of birth tools including forceps and vacuum extraction devices
- Negligent cesarean delivery
- Improper medication or dosage
Potential Birth Injuries
Birth injuries are caused by negligence during the labor and delivery process that results in injuries to the mother or child. These injuries can be minor and treatable. However, these injuries could also cause serious and life-altering challenges.
Birth injuries include:
- Birth asphyxia
- Cerebral palsy
- Erb’s palsy
- Brachial plexus
- Cephalohematoma
- Preeclampsia
- Brain Injury
- Maternal death
- Anesthesia errors
- Cesarean delivery errors
While some birth injuries, such as minor brachial plexus injuries, bruises or abrasions will heal completely with time, other injuries, such as neurological injuries, may result in long-term complications for the affected child.
Long Term Effects
Birth injuries are not always able to be fixed. Often, birth injuries result in life-altering conditions. Your child may experience developmental delays and physical challenges.
Birth injuries can cause:
- Brain damage
- Nerve damage
- Paralysis
- Motor skill difficulties.
While these are treatable conditions, such injuries will remain prevalent throughout the remainder of the child’s life. One must also account for the toll it takes on a parent when it comes to emotional distress and the cost of recovery/treatments.
Commonality of Birth Injuries
The process of pregnancy, labor, and delivery should be a joyful experience. However, it is important to be aware of the risks involved throughout the process and understand the potential dangers. Birth injuries are, unfortunately, not an uncommon occurrence.
As reported by Birth Injury Guide:
- 28,000 children per year and born with a birth injury.
- Some of the most common birth injuries include Erb’s palsy, cephalohematoma, asphyxia, and cerebral palsy.
- It is more likely for birth injuries to occur when birth tools are used on mothers between the ages of 25 and 34.
- Nearly 50% of birth injuries are avoidable by being aware of the risk factors and planning accordingly.
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Notable Case Results
$300,000
Client was driving on Douglas Avenue in North Providence. Defendant failed to stop and t bone our client. Our client was rushed to Fatima Hospital. Suffering from shoulder pain which needed surgery. The defendants insurance company tried to say the injuries were pre-existing but our firm was able to get medical opinions that proved the injury was from the accident. Allowing us to settle the file.
$125,000
Client was getting off of 95 near Roger Williams Zoo when the defendant tried switching lanes hitting the rear and side of our clients car. Client had several pre exisiting health issues and the insurance companied denied her injuries. Our attorney was able to relate the injuries were caused by the accident by getting older medical records.
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James Hudson
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Cidalia de Oliveira
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Moe Adams
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