Birth Injuries & Defects Frequently Asked Questions

Q: What is a birth injury?

A: Birth injuries can be hypoxic(related to oxygen deprivation leading to brain injury. This can be mechanical, metabolic, or infectious) or traumatic. (Usual spinal cord and brachial plexus)

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Q: What causes a birth injury?

A: A difficult birth or injury to the baby can occur because of the baby’s size or the position of the baby during labor and delivery. Conditions that may be associated with a difficult birth include, but are not limited to, the following:

• large babies – birth weight over about 4,000 grams (8 pounds, 13 ounces)
• prematurity - babies born before 37 weeks (premature babies have more fragile bodies and may be more easily injured)
• cephalopelvic disproportion - the size and shape of the mother’s pelvis is not adequate for the baby to be born vaginally
• dystocia - child stuck in the birth canal.
• prolonged labor
• abnormal birthing presentation - such as breech (buttocks first) delivery

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Q: What are some examples of birth injury?

A: Brachial palsy: Brachial palsy occurs when the brachial plexus (the group of nerves that supplies the arms and hands) is injured.

Abruption: Separation of placenta from uterus causing blood loss.

Uterine Rupture: Splitting of uterus causing compromise to placental blood flow.

• Erb's Palsy
• Horner's Syndrome
• Klumpke's Palsy

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Q: Why do I need a lawyer if my baby suffered a birth injury?

A: Birth injury claims are the most hardly fought cases by insurers of hospitals because the stakes are so high. Each case will be analyzed on the quality of care by the OB, midwife and nurses.Thereafter, neuroradiology (brain scans), Placental Pathology, neonatal issues (newborn) and neurological issues will be accessed to rule out alternative causes. Finally, a detailed plan set for each care item for your child's life needs to be compiled (Life Care Plan) and set forth for his/her needs, to the penny, for their lifetime. The goal is to prove quality care and making the independence of the child through wheelchair and home modifications and provide respite care to his parents and siblings.