What Are the Common Types of Birth Injuries in Virginia?

What Is a Birth Injury?

The first thing to understand about a birth injury claim is precisely what a birth injury is and what a birth injury is not. The National Center for Biotechnology Information (NCBI) defines a birth injury as an impairment of the baby’s body function or structure due to an adverse event that occurred at birth; in other words, a birth injury refers to harm or trauma occurring before, during, or shortly after a baby’s birth. These injuries can range from mild, requiring minimal care, to severe, potentially life-threatening conditions. Some birth injuries may heal naturally, allowing the baby to lead a normal life, while others may have long-lasting effects, requiring ongoing treatment throughout the child’s life.

It is essential to differentiate birth injuries from congenital birth defects. Birth injuries result from complications or medical negligence during the birthing process, not from genetic predispositions.

The Ten Most Common Birth Injuries

• Cerebral Palsy
• Brachial Plexus Injuries
• Facial Paralysis
• Cephalohematoma
• Hypoxia (Oxygen Deprivation)
• Spinal Cord Injuries:
• Asphyxia
• Hemorrhage
• Fractured Collarbones
• Caput succedaneum

If your child has suffered these or any other birth trauma, you may be the victim of medical malpractice.

Common Types of Birth Injuries in Virginia

There are many different ways a baby could be injured during pregnancy and childbirth. The following list contains the most common ways a baby is injured in Virginia and the United States. However, if your child’s injury is not listed here, take some time to call Regan Zambri Long to discuss your story at length with a birth injury attorney. Our lawyers will compassionately listen to you and give you a fair assessment of your case.

Types of Birth Injuries Caused by Medical Negligence

• Brachial Plexus Injuries: The brachial plexus is a network of nerves that sends signals from the spinal cord to the shoulders, hands, and arms. Brachial plexus injuries happen when those nerves are stretched, compressed, or ripped apart from the spinal cord. The damage to the brachial plexus can cause Erb’s Palsy or Klumpke’s Palsy.
• Cerebral Palsy: Cerebral Palsy (or CP) is a condition that affects movement and muscle tone. Symptoms of CP can differ depending on which part of the baby’s brain is affected. The University of Virginia Children’s Hospital outlines the different types of CP: hemiplegia (CP affecting one side of the body), diplegia (CP affecting the upper and lower body), and quadriplegia (CP affecting the upper and lower body on both sides). When a doctor uses excessive force to deliver a baby and a child suffers head trauma, or an obstetrician fails to perform a cesarean section in time and the baby suffers a lack of oxygen, cerebral palsy may be the result.
• Erb’s Palsy: The baby cannot flex its arms if the brachial plexus is damaged. Although Erb’s palsy is usually temporary, a torn nerve could make the injury permanent.
• Bell’s Palsy: Bell’s Palsy is weakness and drooping on one side of the face. This condition can occur if the baby’s facial nerves are damaged during childbirth.
• Facial Paralysis: Facial paralysis can occur due to excessive pressure on the baby’s face during birth, often caused by forceps or other delivery instruments.
• Spinal Cord Damage: If the doctor incorrectly rotates, pulls, or overstretches the infant during delivery, this can cause injuries to the spinal cord, resulting in permanent medical issues. If the mother is having trouble pushing the baby out through the birth canal, doctors may use a vacuum extractor to help pull the baby out.
• Hypoxic-Ischemic Encephalopathy: HIE is also commonly known as birth asphyxia or neonatal encephalopathy, though they are slightly different. HIE is when the baby is deprived of oxygen. It results in brain damage and developmental problems.

Other Injuries

• Oxygen deprivation, which can cause brain injuries such as cerebral palsy and seizures
• Muscle injuries, which can cause numbness or paralysis of the limbs
• Injuries sustained during the delivery, often from medical implements used to assist with the birth
• Medication errors involving the mother or child
• Failure to respond to maternal or fetal bleeding
• Ordering a cesarean section (C-section) when not medically necessary
• Failing to provide specific medical care promptly
• Failing to treat maternal infections and health conditions during pregnancy, such as meningitis or gestational diabetes
• Failing to anticipate birth complications before they happen

Types of Birth Injury Lawsuits

• Medical Malpractice: Medical malpractice occurs when a healthcare professional deviates from the standard of care, injuring the patient. In birth injury cases, this often involves mistakes made during pregnancy, labor, or delivery.
• Wrongful Death: In the tragic event that a birth injury results in the death of a child, a wrongful death lawsuit may be filed against the negligent parties. This type of lawsuit seeks compensation for the emotional and financial impact of the loss.

Causes of Birth Injuries

• C-Section Complications: Failure or delayed order of a C-section can lead to severe birth injuries. Timely and proper performance of a C-section is critical when complications arise during labor.
• Forceps Delivery Complications: Improper use of forceps during delivery can cause significant injuries to both the baby and the mother, which include facial injuries, skull fractures, and nerve damage.
• Vacuum Extraction Complications: Like forceps, vacuum extractors must be used carefully. Incorrect use can lead to scalp injuries, intracranial hemorrhage, and other serious conditions.
• Failure to Monitor: Proper monitoring of the fetal heart rate and the mother’s condition during labor is essential. Failure to observe fetal distress can result in undetected distress and preventable injuries.
• Failure to Treat: Delayed or incorrect treatment of complications during pregnancy and labor can result in birth injuries, which includes not addressing infections, high blood pressure, and other medical conditions promptly.

Physical Therapy and Long-Term Care for Birth Injuries

Physical therapy is often used to treat injuries and weakened muscles. Although physical therapy and surgery may help in some situations, other birth injuries can be so severe that they cause lifelong complications, such as paralysis and cerebral palsy.

Compensation for a Birth Injury in Virginia

The damages your birth injury lawyer will seek are:

• Current and future medical expenses
• Lost wages and loss of future earning capacity (if your child’s needs are too big for you to go back to work)
• Healthcare costs associated with specialized medical equipment and assistive devices (wheelchairs, crutches, etc.)
• Cost of modifying your home to accommodate your injured child
• Payments for home-based medical services
• Pain and suffering
• Wrongful death

While there is no exact estimate of a birth injury case’s worth, your Regan Zambri Long birth injury lawyer will seek the maximum amount. Whether you are filing a BRNICA application or a medical malpractice lawsuit, birth injury claims can provide tangible benefits to your family.

If you believe that your child has suffered a birth injury due to medical negligence, it is critical to seek legal help from an experienced Virginia birth injury lawyer. Virginia has a two-year statute of limitations for a personal injury lawsuit, including a birth injury claim.

Call the Virginia personal injury lawyers at Regan Zambri Long for a free case evaluation. At Regan Zambri Long, we believe in informing our clients about their cases. While we will do the heavy lifting, we believe the best results come from clients who understand their rights and what they’re fighting for.