Dawn Pinnisi
September 12, 2024
The birth of a child is a momentous occasion that brings untold joy to the family. However, sometimes complications can arise and turn into a distressing experience for both the parents and the baby. Traumatic birth effects on a baby can have significant and sometimes long-lasting impacts on their health and development.
A traumatic birth lawyer from a leading New Jersey medical malpractice firm can help you understand what constitutes birth trauma and the potential long-term implications. Importantly, they will help you seek the necessary support and legal recourse.
Read on to find out the impact of traumatic births on babies as well as the legal options available to affected families.
What is Considered a Birth Trauma?
Birth trauma refers to any physical injury sustained by a baby during the birthing process. This can occur due to complications during labor and delivery. These complications can be caused by improper use of medical tools or other factors that cause harm to the infant.
Birth trauma can range from mild to severe, life-altering conditions. The severity of the trauma often depends on the circumstances surrounding the birth, the baby’s condition, and the medical care provided.
What are the Long-Term Effects on Babies with Birth Trauma?
The long-term effects of birth trauma can vary widely depending on the nature and severity of the injury. Some babies may recover fully with appropriate medical intervention, while others may experience lasting health challenges. Common long-term effects include:
- Physical disabilities. Traumatic birth injuries can result in permanent physical disabilities, such as Erb’s palsy, where the baby suffers nerve damage leading to paralysis or weakness in the arm.
- Cognitive impairments. Brain injuries caused by oxygen deprivation during birth can lead to cognitive impairments, including developmental delays, learning disabilities, and difficulties with speech and communication.
- Behavioral issues. Children who have suffered from birth trauma may exhibit behavioral issues as they grow older, such as attention deficit hyperactivity disorder (ADHD) or emotional regulation problems.
- Chronic health conditions. Some birth injuries can lead to chronic health problems, such as epilepsy, respiratory issues, or seizures, requiring ongoing medical care and therapy.
Your attorney will take into account the lasting consequences of the injury when determining the recoverable damages. This guarantees that you receive adequate reparation for the complete influence of the malpractice on your life.
Main Causes of a Traumatic Birth
Several factors can contribute to a traumatic birth. The causes of the traumatic birth are very key in identifying whether the trauma could have been prevented. Common causes include:
- Difficult or prolonged labor increases the risk of trauma as the baby may become distressed.
- The use of forceps, vacuum extractors, or other instruments during delivery can cause physical injuries to the baby if not used correctly.
- Babies who are larger than average, a condition known as macrosomia, are at higher risk of injury during delivery due to their size.
- When a baby is positioned feet-first or buttocks-first rather than head-first, the delivery can be more complicated and increase the likelihood of injury.
- Failure to properly monitor the baby’s and mother’s condition during labor or failure to take appropriate action promptly.
Typical Birth Injuries
There are several types of injuries that a baby might sustain during a traumatic birth. Here are some of the most common birth injuries, according to the National Library of Medicine:
- Brachial Plexus Injury (Erb’s Palsy). This occurs when the nerves controlling the arm and hand are damaged during delivery, leading to weakness or paralysis.
- Fractures. The most common fractures during birth are clavicle fractures, which occur when the collarbone is broken due to difficulty during delivery.
- Cerebral palsy. Caused by brain damage due to oxygen deprivation during birth, cerebral palsy affects motor skills, muscle tone, and movement.
- Intracranial hemorrhage. This is bleeding within the baby’s brain, often caused by trauma during delivery, and can lead to severe neurological issues.
- Facial nerve damage. Pressure on the baby’s face during delivery can damage the facial nerve. This happens in up to 10 per 1000 live births and may cause temporary or permanent facial paralysis.
Can I Sue for a Traumatic Birth Effect on My Baby?
If your baby has suffered from a traumatic birth injury, you may be entitled to file a lawsuit. Birth injury lawsuits are typically based on claims of medical malpractice, where it is alleged that a healthcare provider’s negligence directly caused harm to your baby. To have a viable case, it must be proven that the medical professionals failed to meet the standard of care expected in such situations, and this failure resulted in the injury.
Such cases are complex and warrant working with a birth injury attorney to help you bring medical professionals or their institutions to account. An attorney will use their resources and knowledge to build a winning case, which may mean collaborating with medical experts to prove negligence.
What Type of Compensation Can I Get?
If you successfully prove that medical negligence caused your baby’s birth trauma, you may be entitled to compensation for various damages, including:
- Past and future medical costs related to the injury.
- Reimbursement for physical and emotional pain endured by both the child and the parents.
- If you or your partner had to take time off work to care for your injured child, you might be compensated for lost income.
- For severe injuries that require lifelong care, compensation can cover the costs of specialized care, home modifications, and equipment.
- Compensation for physical therapy, occupational therapy, and other necessary rehabilitative services.
Calculation of damages requires a keen assessment of how many areas of life have been affected by medical negligence and to what extent. Your attorney comes in handy in ensuring the damages you are seeking accurately reflect your suffering due to the malpractice.
A Paramus, New Jersey Birth Injury Lawyer Can Help
If your child has suffered from a traumatic birth injury, your first step is to understand your legal rights and options. A Paramus, New Jersey birth injury lawyer at Varcadipane & Pinnisi, P.C. can provide the guidance and support needed to pursue justice and secure the compensation your family deserves. Birth injury cases are best handled by an experienced attorney to challenge medical professionals successfully. Contact us today at (201) 588-1500 for a free case evaluation.
Dawn M. Pinnisi
Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.
University: J.D. Brooklyn Law School
Bar Number: 33771999
Locations: New Jersey and New York.
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