Birth Injury to Baby

Our lawyers have represented many families in birth injury cases, developing experience in working with experts in Obstetrics, Maternal-Fetal Medicine, Neonatology, Pediatric Neurology, Infectious Diseases and Pediatric Neuro Imaging.

Sadly, Doctors and Nurses sometimes injure babies at the time of their birth due to malpractice. Some babies fully recover from these injuries, but other babies sustain life-long, severe disabilities or die as a result of their birth injuries. The following newborn injuries may be the result of medical malpractice:

  • Brain damage or hypoxic-ischemic encephalopathy from decreased blood flow to the baby’s brain;
  • Bleeding in the brain or intraventricular hemorrhage;
  • Cerebral Palsy;
  • Low APGAR scores at delivery;
  • Low muscle tone or floppiness;
  • Respiratory Distress Syndrome, or simply RDS;
  • Surfactant Deficiency;
  • Meconium Aspiration Syndrome;
  • Organ injury, especially to the kidneys;
  • Infections;
  • Blood loss;
  • Skull Fractures;
  • Prolonged admission to Neonatal Intensive Care Unit;
  • Metabolic acidosis seen in Umbilical Cord Blood Gas Study;
  • Hydrocephalus;
  • Developmental Delays;
  • Stroke; and
  • Mental Retardation.

The following are some common fact patterns for Birth Injury to Baby medical malpractice cases:

  • Obstetrician delayed order for Cesarean Section delivery despite electronic fetal heart rate monitor showing baby in distress — delay resulted in brain damage and Cerebral Palsy.
  • Obstetrician did not diagnose and treat Mother’s infection during pregnancy resulting in baby’s brain damage and Cerebral Palsy.
  • Obstetrician did not diagnose and treat Mother’s pre-eclampsia condition resulting in baby’s brain damage and Cerebral Palsy.
  • Obstetrician did not place a cerclage to keep Mother’s cervix closed resulting in baby’s premature birth with many injuries of prematurity, such as prolonged NICU admission, RDS and brain damage;
  • Obstetrician did not diagnose baby’s slow growth in utero resulting in delayed delivery and brain injury.
  • Obstetrician used excessive force when delivering baby causing brachial plexus injury, Erb’s Palsy and permanent nerve injury and growth retardation to baby’s arm.
  • Obstetrician did not diagnose Mother’s abnormally located placenta resulting in massive hemorrhage from vagina, baby’s death and Mother’s prolonged ICU admission.
  • Obstetrician sent Mother home despite fetal monitor showing signs of pre-term fetal distress, and when Mother returned two days later, baby was dead.
  • Obstetrician injured baby’s head from multiple, failed attempts at vacuum delivery.
  • Obstetrician did not use drugs to stop Mother’s premature labor or give steroids —as a result, baby born prematurely with RDS and stroke.
  • Obstetrician and Pediatrician did not diagnose Mother and Baby with infection resulting in brain injury to baby not apparent until months after Baby’s delivery.

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