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The Basics of Birth Injuries

The Basics of Birth Injuries

Every parent hopes that their child’s birth will be a smooth, joyful experience. Most of the time, deliveries proceed as planned, and both mother and child go home safely within a few days. Unfortunately, complications can occur, and sometimes those complications lead to serious injuries caused during the birth process itself. Understanding the basics of birth injuries can help you recognize when something went wrong and when you may need to seek help.

At Jan Dils Attorneys at Law, we handle Personal Injury cases involving medical negligence, including those connected to birth injuries. Our team can help families determine whether improper medical care contributed to a newborn’s injury and what steps to take next.

What Are Birth Injuries?

A birth injury is an impairment to a newborn’s body function or structure that occurs during or shortly after delivery. Some injuries may result from natural conditions or the mother’s health, but others happen due to improper delivery practices or delayed medical decisions.

Birth injuries differ from birth defects in both cause and timing. A birth defect usually develops during pregnancy because of genetics or developmental issues, while a birth injury happens during or immediately after delivery due to complications or medical error.

One common cause of serious birth injury is hypoxia, which occurs when a baby is deprived of oxygen during delivery. Hypoxia can develop if the umbilical cord becomes trapped or compressed, cutting off the infant’s blood supply. Conditions linked to oxygen deprivation include:

  • Cerebral palsy
  • Encephalopathy
  • Perinatal asphyxia

These conditions can cause long-term or even lifelong physical and cognitive disabilities. When doctors identify signs of fetal distress, they may need to perform an emergency cesarean section to prevent permanent harm. Other preventable causes of birth injuries can include:

  • Misuse of delivery instruments such as forceps or vacuum extractors
  • Failure to monitor fetal heart rate or maternal vital signs
  • Delayed response to signs of distress
  • Improper administration of medication during labor

Working with an attorney who understands birth injuries can help you navigate your case.

Nerve and Bone Injuries at Birth

Another type of birth injury involves nerve or bone damage. The process of delivery requires a delicate balance—too much force or a rushed delivery can result in injury. When an infant is positioned incorrectly or the doctor fails to adjust techniques appropriately, the baby’s shoulders or arms can twist in ways that damage nerves or bones. Common examples include:

  • Erb’s palsy
  • Shoulder dystocia
  • Long bone fractures, particularly those affecting growth plates

While some nerve or bone injuries can be treated with physical therapy or surgery, severe cases may lead to lifelong weakness or limited mobility.

Birth Injuries and Medical Negligence

Not every birth injury is preventable. However, doctors have a duty to recognize risks before, during, and after delivery, and to communicate those risks clearly to parents. They must also act quickly when emergencies arise.

For example, if a baby’s oxygen levels drop during labor, the medical team should perform a cesarean section immediately rather than wait. When providers fail to take such action, the resulting injuries may constitute negligence.

Compensation can help pay for ongoing medical treatment, rehabilitation, in-home care, and necessary medical devices. It can also cover the emotional and financial stress that families experience after a preventable injury.

We believe communication between doctors and parents should happen before delivery, not after an emergency. When preventable mistakes cause lasting harm, we can help you pursue justice and the compensation your child deserves.

How a Birth Injury Claim Works

When a family suspects that negligence caused a birth injury, our attorneys can review medical records, consult experts, and determine whether the provider met accepted medical standards. If negligence is found, the family may seek compensation for medical bills, therapy, adaptive equipment, and future care.

Many families worry about taking legal action while caring for a newborn. Our team can handle every part of the process so you can focus on your child’s health and recovery.

Learn More About Birth Injuries and Schedule a Free Case Evaluation

Learning the basics of birth injuries helps families recognize when medical mistakes may have played a role. If you have questions about your child’s birth experience, our attorneys can provide answers and explain your legal options during a free consultation.

Founded and led by women, Jan Dils Attorneys at Law has grown to become the largest female-founded law firm in the country, dedicated to helping clients find justice and hope. We can review your case, explain your rights, and fight for the compensation your family needs.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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