Bringing a new life into the world is a moment filled with joy and hope. However, sometimes things don’t go as planned, and complications arise. These complications, often unpredictable, can lead to birth injuries, which affect as many as 7 babies in every 1,000 deliveries.
Birth injuries like Erb’s palsy or Cerebral palsy can result in long-term physical, emotional, and financial challenges. While some birth injuries are unavoidable, others occur due to negligence or preventable medical errors. Understanding the common causes of birth injuries and knowing your legal options can help you seek justice.
What Are Birth Injuries?
Birth injuries refer to physical harm or medical complications that a baby or mother sustains during labor and delivery. These injuries can range from mild to severe. If the injuries are severe or permanent, they can affect your child’s quality of life and require expensive medical treatments.
Common types of birth injuries include:
- Cerebral palsy – a group of disorders affecting movement, posture, and coordination, is often caused by oxygen deprivation during birth.
- Brachial plexus injuries often damage the nerves controlling the arm and hand, leading to conditions like Erb’s palsy.
- Fractures, particularly the clavicle, are common in difficult deliveries and may lead to complications.
- Brain injuries are caused by prolonged oxygen deprivation or physical trauma during delivery.
- Facial nerve injuries damage facial nerves due to excessive pressure or force during delivery.
Understanding how these injuries occurred is the first step toward determining whether they were preventable. If they were preventable, you should consult a birth injury lawyer as soon as possible to know your legal options.
6 Common Causes of Birth Injuries
Before you speak with a birth injuries attorney, be sure to understand what factors contributed to these injuries. Many of these causes may stem from complications during labor or errors made by healthcare professionals.
Here are a few common causes and how they may affect families like yours:
1. Prolonged Labor
Prolonged or difficult labor, also known as dystocia, increases the risk of birth injuries. This condition may result from factors such as a large baby, improper positioning, or a narrow birth canal. When healthcare professionals fail to monitor and manage prolonged labor properly, it can lead to oxygen deprivation or physical trauma for the baby.
2. Medical Negligence
In some cases, birth injuries result from medical negligence, which may include:
- Failing to monitor the baby’s heart rate for signs of distress.
- Misuse of delivery tools like forceps or vacuum extractors.
- Delayed decision-making regarding a necessary cesarean section.
- Administering incorrect medications or dosages.
If you believe medical negligence played a role in your child’s injury, a birth injuries lawyer can help you investigate the matter and file a medical malpractice lawsuit.
3. Oxygen Deprivation (Asphyxia)
Oxygen deprivation during labor and delivery is a leading cause of severe birth injuries like cerebral palsy and brain damage. This can occur due to:
- Umbilical cord complications, such as prolapse or compression.
- Failure to address prolonged labor promptly.
- Errors in monitoring fetal oxygen levels.
4. Improper Use of Delivery Tools
While forceps and vacuum extractors can help in difficult deliveries, their improper use can lead to serious injuries. For instance, excessive force can cause skull fractures, brain injuries, or damage to facial nerves.
5. Maternal Infections
Untreated maternal infections during pregnancy can be transmitted to the baby, causing complications like meningitis or sepsis. Proper prenatal care and timely medical interventions are required to reduce these risks. If the healthcare providers fail to do this, you might be able to seek compensation with the help of a birth injuries attorney.
6. Premature Birth
Premature babies are more vulnerable to birth injuries due to their underdeveloped organs and fragile bodies. Special care and attention are required to handle premature births safely.
Legal Recourse for Birth Injuries
If your child’s birth injury was caused by negligence or preventable medical errors, you have the right to pursue legal action. In Wisconsin, working with a birth injuries attorney can help you seek compensation for medical expenses, ongoing care, and emotional distress.
Your lawyer will help you:
1. Establishing Medical Negligence
Your entire care rests on establishing medical negligence, which includes proving that:
- The medical professional owed a duty of care to you and your baby.
- This duty of care was breached through negligent actions or omissions.
- The breach directly caused the birth injury.
A seasoned Wisconsin birth injuries lawyer will help you gather medical records, consult expert witnesses, and build a compelling argument to support your claim.
2. File a Lawsuit
If settlement negotiations with the healthcare provider or their insurance company fail, your birth injuries lawyer can help you file a lawsuit. In Wisconsin, the litigation process involves presenting evidence, calling witnesses, and making arguments before a judge or jury. While this process can be lengthy, it may lead to more substantial compensation.
3. Get the Compensation You Deserve
In Wisconsin, you may be eligible for different types of compensation depending on the extent and nature of the birth injuries. These might include:
- Medical expenses: These will help you cover past, current, and future medical bills related to the injury.
- Rehabilitation costs: Includes physical therapy, occupational therapy, and other necessary treatments.
- Pain and suffering: Compensation for the emotional distress caused by the injury.
- Lost earning capacity: If the injury results in a disability that limits future employment opportunities.
4. Understand the Statute of Limitations
In Wisconsin, the statute of limitations for birth injury lawsuits is three years from the date of the malpractice or one year after the injury gets discovered, whichever is earlier. However, you cannot file a lawsuit more than five years after the error.
A competent Wisconsin birth injuries lawyer will help you understand how this limit applies to your claim. They can file the lawsuit within the limit, increasing the chances of getting the desired compensation.
Final Thoughts
Birth injuries are devastating. However, if the injury was preventable or resulted due to medical malpractice, you may be able to seek appropriate compensation. If this is what you suspect, consult a trusted birth injuries attorney immediately to explore your legal options. With the right legal recourse, you might be able to rebuild your life and pave the way for a better future for your child.