Birth injuries can have devastating impacts on the baby and the family for years. The most common form of birth injury is brain damage from oxygen deprivation, representing nearly half of all birth injuries. Lack of oxygen can cause hypoxic-ischemic encephalopathy, which can lead to serious neurological injuries. The next most common, which includes damage to the baby’s arms and/or shoulders, represents about 20% of all birth injuries. Other types of common birth injuries include:

• Broken collarbones (clavicles)
• Swelling of a newborn’s scalp, also known as caput succedaneum
• Cephalohematoma (pooling of blood under a newborn’s scalp)
• Erb’s palsy (arm weakness or paralysis) from a brachial plexus injury

What Causes Birth Injuries?

Many quick decisions must be made in the labor and delivery room, and, unfortunately, mistakes can be made. These are the types of issues that can cause birth injuries:

• Miscommunication in the labor and delivery room
• Inexperienced medical professionals
• Poor labor and delivery management
• Poor fetal heart monitoring

Birth injuries can also be caused by certain fetal conditions, such as breech births or fetal infections. And a mother’s health may contribute to birth injuries, for instance, diabetes, the mother’s physical size, or certain other conditions.

Declining Number of Birth Injuries

Birth injuries have been declining over the years. According to a study by the Agency for Healthcare Research and Quality, a department within the U.S. Department of Health and Human Services, the birth trauma rate fell from 2.6 per 1000 live births in 2004 to 1.9 per 1000 live births in 2012.

Reasons for this decline in fetal birth injuries include the following:

• Better obstetrical techniques – Improvements in understanding labor and delivery, as well as more highly developed pain management techniques and resuscitation techniques, and a reduction in forceps and vacuum-extraction techniques.
• Better diagnostic tools – Improved diagnostic tools, such as the use of ultrasound monitoring during pregnancy.
• Increased cesarean sections – In cases of slow labor, known as dystocia, more physicians are opting for C-sections. This is also the case where a large baby is involved or there are other complications, such as breech positions.

Proving Medical Malpractice in a Birth Injury

But mistakes and injuries to mother and baby can still happen. Healthcare professionals may be held accountable for medical malpractice when they fail to meet the professional standard of care.

Birth injuries and the conditions they cause may require lifelong treatment, which can burden the child’s family financially. To prove a birth injury, the plaintiff and their attorneys must show:

• The child was owed a duty of care by the medical professional.
• The duty of care was breached by the medical professional.
• The breach of the duty was the cause of the injury.
• The injury is compensable.

Because it’s often difficult to tell whether malpractice is involved, it’s important to contact a knowledgeable birth injury attorney to review your situation and explore your family’s options. In Florida, the medical malpractice statute of limitations for a civil trial is two years from the date of the injury, with very few exceptions. It’s important to note that laws and statutes are subject to change. Therefore, it is imperative to consult with a qualified attorney who specializes in medical malpractice and birth injury cases to understand the current laws and how they apply to a specific situation. An Orlando birth injury lawyer or Fort Lauderdale birth injury lawyer at Haliczer Pettis & Schwamm can guide you through the process.

Work with an Orlando Birth Injury Lawyer at Haliczer Pettis & Schwamm

Here at Haliczer Pettis & Schwamm, we have handled numerous medical malpractice cases, including those involving birth injuries. We are consistently ranked as one of the top medical malpractice firms in Orlando and Fort Lauderdale. Contact us today to schedule a complimentary consultation.