Indicators of Medical Malpractice For Birth Injuries; Kingston, Medical Malpractice Attorney Discusses

It’s stressful to have a baby—I don’t need to tell you that.  But complicating this is the potential for medical malpractice.  Unfortunately, OB/GYNs are sued quite a bit for medical malpractice.  Birth injuries themselves can be very challenging to access whether or not there was malpractice just because of the very nature of the birthing process.  There are some red flags to look out for.
           
But first, let’s just define what a birth injury is.  Essentially, a birth injury is any injury that occurs at ANY stage of the pregnancy, even post-birth, which occurs to the baby or the mother.  Statistically in the United States, about 27 in every 1,000 births results in a birth injury.  These injuries could be rather minor like bruises, to very serious like oxygen deficiencies and even death.
           
Next, it is important to realize what birth injuries are normal.  Again, birth is traumatic and it is understood that some injuries may occur.  The most common normal birth injury is bruising, particularly on the scalp, forehead, nose, neck, and limbs even up to the hips.  This obviously depends how the baby is delivered (crown/head versus breech/legs). 

Another normal birth injury is a head malformation which may look like the baby’s head is almost pointed.  This is because of the flexible bones in the baby’s head as they are pushed through the birth canal and are also completely normal.

Pink marks—sometimes called stork bites—are also normal and can appear on the forehead, neck, eyelids, or on the baby’s face.  Basically, these are just dilated capillaries and will fade.  But note, these will slowly fade and may take up to one to two years for them to completely go away!

Another normal birth injury are called milia and they are small, white cysts.  These are clogged sweat glands and can appear as small pimples on the baby’s face.  These too will clear up in a few days or even a few weeks at worst.

The last common normal birth injury are broken collarbones.  These happen rarely and are always a call for concern, but they don’t always mean medical malpractice immediately.  The color bone can break sometimes due to the pressure in the birth canal if there are slight complications.  However, anytime there is a broken bone it is a good idea to confront your doctor about it and even an attorney to make sure there was no medical malpractice.

Now, let’s discuss some birth injuries that are not common and should always be investigated by an attorney.  Logically from the last normal birth injury of a broken collarbone, you should likely see an attorney if there are other broken bones such as legs, arms, feet, hands, etc.  While it is quite possible for these to break during birth naturally, it is very uncommon and should be investigated.  This includes fractured bones too!

Another injury you should seek an attorney’s advice for is facial paralysis which can occur when there is too much pressure put on a baby’s face during birth either because of the birth canal or the use of forceps. 

Erb’s palsy is another condition you should see an attorney for.  This is a condition where groups of nerves that controls hand and arm movement is damages during birth.  This particularly occurs when the shoulders get stuck in the birth canal and the arms are stretched which, in turn, stretch the nerves causing damage to them; even ripping or tearing them! 

The last major sign is cerebral palsy which occurs when a baby is deprived of oxygen during birth; this results in brain damage.  Without a doubt, if this condition occurs speak with an attorney immediately.

But what do you think?!  I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@mmolaw.net.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.