At least seven out of 1,000 babies suffer birth injuries in the United States.

In Colorado, parents may pursue medical malpractice claims if the birth injuries sustained by their children were caused by negligence. Certain birth injuries can be treated, while others may require continuous or permanent care and assistance. It is then important to seek help from an experienced birth injury lawyer to guide you and your family as you fight for justice and your legal rights.

What is a Birth Injury?

A birth injury is any preventable harm or damage that happens to a baby or the mother before, during, and after the process of labor and delivery. It can range from minor and short-term issues to severe and lifelong conditions, which can be traumatic and extremely expensive. A birth injury is different from a birth defect, which generally results from genetic factors or environmental influences during pregnancy.

Professional healthcare providers are expected to adhere to the established quality standard of care to ensure the safety of the mother and her child. Unfortunately, the wrongdoing or negligence of medical professionals can result in birth injuries. These injuries can range from minor and short-term issues to severe and lifelong conditions, which can be traumatic and extremely expensive.

When is a Birth Injury Medical Malpractice?

Medical malpractice has different forms that can lead to birth injuries. Some of the most common malpractice-related causes of birth injuries are:

1. Failure to diagnose or treat conditions of the baby during pregnancy
   • Failure to monitor fetal distress and to deliver a baby when fetal distress becomes evident
   • Failure to detect the breech position
   • Failure to address the nuchal cord complications

2. Insufficient prenatal screenings and diagnostics and misinterpretation of their results
3. Failure to diagnose or treat conditions of the mother and the baby during delivery

1. • Failure to identify and respond accordingly to placental abnormalities and issues

4. Birthing and delivery errors

1. • Improper use of delivery equipment like forceps and vacuum extractors
   • Improper labor induction, such as rupturing the membranes of the mother
   • Lack of oxygen supply due to umbilical cord issues
   • Use of excessive physical force on the fetus, including fundal pressure
   • Improper handling of shoulder dystocia

5. Delayed Cesarean section (C-section)
6. Failure to check and provide treatment for maternal health conditions like gestational diabetes, infections, and preeclampsia
7. Medication errors during pregnancy or delivery

What are the Common Birth Injuries?

Birth injuries can manifest immediately after birth, weeks, months, or even years later. More often than not, they hinder child development and are life-changing. The following are some of the most common birth injuries suffered by newborns:

• Cerebral palsy: It is a set of disorders that affect the movement and posture of the child. Cerebral palsy results from the damage that occurs to the developing brain of the baby before, during, or after birth. Medical negligence, like failing to detect fetal distress and treat infections in the mother or the child, can cause this condition.
• Brachial plexus injury: It is an injury that affects the nerves that control the movements of the arms and hands. Brachial plexus injuries, including Erb’s palsy, are characterized by nerve damage and muscle weakness in the affected arm or shoulder. Medical negligence, like excessive force during delivery and improper use of birthing tools, can cause this condition.
• Clavicle and skull fractures: Clavicle fracture is the most common birth-related fracture, while skull fracture is the most serious birth-related fracture. Normally, these fractures take place during difficult deliveries or breech births. Medical negligence, like excessive force during delivery and improper use of delivery tools, can cause these conditions.
• Caput succedaneum: It refers to the swelling of the scalp of the baby. Intense pressure on the head of the newborn during delayed head-first deliveries results in caput succedaneum. Medical negligence, like errors in using vacuum extractors or forceps, can cause this condition.

• Intracranial hemorrhage or brain bleed. It is an injury that involves bleeding inside the skull of the newborn. Oxygen deprivation or birth asphyxia and birth trauma can result in intracranial hemorrhage. Medical negligence, like improper use of birthing tools and delayed delivery, can cause this condition.
• Spinal cord injuries: These injuries occur when a professional medical provider strains the neck of a newborn by pulling, twisting, or using birthing tools during delivery. When the spinal cord of the baby is damaged, the child will suffer paralysis and weakness. Medical negligence, like excessive traction and failure to identify the breech position, can cause this condition.

• Facial nerve paralysis: It is a condition that takes place when the nerves that control facial movements are severed during birth. Facial nerve paralysis can occur when a medical professional puts pressure on the head of a newborn during a complicated delivery. Medical negligence, like improper use of forceps or trauma during C-section, can cause this condition.

• Hypoxic-ischemic encephalopathy (HIE): It is a type of brain damage that is due to the lack of oxygen to the brain before or shortly after delivery. Hypoxic-ischemic encephalopathy affects the central nervous system and may result in neurological or developmental issues. Medical negligence, like failure to monitor fetal distress and prolonged labor, can cause this condition.

What are the Damages in Birth Injury Cases?

Birth injuries caused by medical negligence during pregnancy or childbirth can be tragic both for the mother and the baby. They can result in significant damages and negatively impact the lives of the mother and the child.

Generally, a medical malpractice lawsuit will provide compensation for both the economic and noneconomic damages incurred from a birth injury. Birth injury victims are entitled to compensation for their medical bills, rehabilitation and physical therapy expenses, costs of child care services, and modification of a home or vehicle. They also have the right to pursue a claim to recover costs for their physical and emotional pain and suffering and disability.

If you believe your child suffered from injuries caused by medical negligence, we encourage you to speak with our skilled and compassionate birth injury lawyer to help you. Anzalone Law Offices has a proven track record of success in helping clients obtain justice for their birth injuries. Do not hesitate to contact us, and we will obtain the just compensation you and your family deserve.