The birth of a child should be a moment of joy, not the beginning of lifelong medical challenges. While many births proceed safely, errors made by the medical staff before, during or immediately after delivery can result in serious birth injuries. These injuries can affect a child’s physical, cognitive, and emotional development. Children who suffer injuries at birth also often require extensive medical care and financial resources.
Understanding common birth injuries can help parents recognize when something has gone wrong and when to seek legal guidance. Below are five of the most common types of birth injuries and how they tend to occur.
1. Cerebral Palsy
Cerebral palsy is a group of disorders that affect movement, muscle tone, posture and coordination. It is often caused by brain damage before or during birth, frequently due to oxygen deprivation (hypoxia).
Medical negligence may play a role when healthcare providers fail to:
• Monitor fetal distress
• Respond promptly to umbilical cord complications
• Perform a timely C-section
• Manage maternal infections or placental problems
Children with cerebral palsy may experience difficulty walking, speaking, swallowing or controlling their muscles. Many require lifelong therapy, assistive devices, and specialized care. When cerebral palsy results from preventable medical errors, children and their families may be entitled to compensation to cover ongoing treatment and future needs.
2. Brachial Plexus Injuries (Erb’s Palsy and Klumpke’s Palsy)
Brachial plexus injuries affect the network of nerves that control the arms and hands. These injuries commonly occur during difficult deliveries, especially when a baby’s shoulder becomes lodged behind the mother’s pelvic bone — a condition known as shoulder dystocia.
Excessive pulling or improper use of delivery tools like forceps or vacuum extractors can stretch or tear these nerves. The most common forms include:
• Erb’s palsy, which affects the upper arm and shoulder, etc.
• Klumpke’s palsy, which affects the hand and wrist
Symptoms may include weakness, loss of sensation or paralysis in one arm. Many cases result in permanent disability. Proper delivery techniques and timely intervention often prevent these injuries, making negligence a key legal consideration.
3. Brain Injuries and Hypoxic-Ischemic Encephalopathy (HIE)
Brain injuries at birth can be devastating and are often linked to oxygen deprivation during labor or delivery. Hypoxic-ischemic encephalopathy (HIE) occurs when the brain does not receive enough oxygen and blood flow, leading to tissue damage.
Potential causes include:
• Failure to monitor fetal heart rate
• Delayed response to fetal distress
• Prolonged labor
• Umbilical cord compression or prolapse
HIE could result in severe cognitive impairment, seizures or even death. Early diagnosis and treatment such as therapeutic hypothermia, can reduce harm, but only if providers act quickly. When delays or mismanagement worsen a child’s condition, families may have grounds for a birth injury claim.
4. Bone Fractures
The most commonly fractured bones in birth injuries include the clavicle (collarbone), skull and long bones of the arms or legs. Fractures can result from improper use of birth- assistive tools such as forceps or vacuum extractors or excessive force during delivery. Failure to plan for a large baby or not performing a cesarean section when risks are known are other factors that are indicative of medical negligence.
5. Facial Paralysis and Nerve Damage
Facial paralysis in newborns is often caused by pressure or trauma to facial nerves during delivery. This injury is commonly associated with improper forceps use or prolonged pressure in the birth canal. Symptoms include drooping on one side of the face, difficulty closing the eye and problems with feeding or facial movement.
Permanent paralysis can affect speech, eating, emotional expression and self-esteem. If medical professionals fail to use appropriate techniques or choose safer alternatives, families may have a strong claim for compensation.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. It is in the best interest of injured victims and their families in such cases to contact an experienced personal injury lawyer before contacting the people responsible for the injuries, and definitely before contacting or communicating with any insurance company, or their lawyers, investigators, or adjusters.
One of our clients secured a $2,850,000 verdict in an Erb’s palsy (brachial plexus palsy) case that was reduced by the appeals court to $1,846,000 because the verdict was so large. This was the highest amount upheld by the appellate (appeals) courts for many, many years. In addition, we recovered $1,400,000 for a newborn who lost motion in the arm during birth due to doctors applying incorrect force on the baby’s head. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen cases where New York City Health and Hospital Corporation facilities deliver babies who are born with brachial plexus palsy (Erb’s palsy) or cerebral palsy, stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children, such as cerebral palsy or brain damage etc.
The following list identifies some of these hospitals (operated by New York City Health and Hospitals Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys‘ fee unless we recover money for you. We can also help with personal injury, lead poisoning, paraplegia cases and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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