Three Common Causes of Birth Injuries Injuries that occur during labor and delivery can have life-altering consequences for infants and their families. A number of birth injuries occur because warning signs were missed, protocols were not followed due to medical negligence (carelessness) that happened during pregnancy, labor or delivery. Understanding the common causes of birth injuries helps parents recognize potential medical negligence, ask the right questions and seek timely support and treatment. Below are three of the most frequent causes of preventable birth injuries, along with explanations of how they occur and the impact they can have on newborns.
1. Improper Fetal Monitoring
One of the leading causes of avoidable birth injuries is inadequate or negligent (careless) fetal monitoring during labor and delivery. Medical teams rely on fetal heart rate monitoring to determine whether a baby is receiving enough oxygen and to detect signs of fetal distress. When monitoring is incomplete, ignored or improperly interpreted, there is a greater risk of birth injuries.
Improper monitoring happens when:
- The medical team fails to use continuous electronic fetal monitoring despite risk factors being present.
- Nurses do not check the tracing often enough or overlook patterns that indicate distress.
- Providers misinterpret abnormal heart rate patterns.
- Monitoring equipment is not properly attached or calibrated, which could result in inaccurate readings.
When fetal distress is not identified and addressed quickly, the baby can experience oxygen deprivation, known as hypoxia or asphyxia. Without adequate oxygen, the brain can suffer damage within minutes, potentially leading to conditions such as cerebral palsy, developmental delays, seizures or motor impairments.
Proper monitoring allows medical staff to take corrective action quickly such as repositioning the mother, increasing oxygen, halting labor-inducing medications or performing an emergency cesarean section (C-section) to prevent further harm. Failure to act swiftly in response to distress is a major factor in many birth injury cases.
2. Delayed or Improper Response to Complications During Labor
When medical providers fail to respond appropriately to complications, the consequences can be severe. Some of the most significant birth injuries occur because medical providers delay necessary interventions or choose unsafe delivery methods.
Examples of complications that require immediate action include:
- Shoulder dystocia: When a baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has emerged. Improper handling, such as applying excessive force, can cause brachial plexus palsy (Erb’s palsy), fractured bones or nerve damage.
- Umbilical cord problems: A prolapsed cord, cord compression, or a tight nuchal cord can cut off oxygen to the baby. Delays in performing an emergency C-section can result in brain injury or stillbirth.
- Prolonged labor or failure to progress: Extended labor can cause oxygen deprivation or increase the risk of trauma to the infant.
- Placental abruption or uterine rupture: These life-threatening complications require immediate surgical intervention to protect the mother and baby.
Often, birth injuries occur when medical teams wait too long to perform a C-section. Guidelines exist to help providers determine when vaginal delivery is no longer safe, but hesitation, miscommunication or even understaffing can lead to dangerous delays.
Another source of harm is the misuse of delivery tools. Forceps and vacuum extractors can be helpful when used correctly, but improper technique can cause skull fractures, nerve damage or internal bleeding. When these tools are used with excessive force or in situations where they are contraindicated, the risks to the baby escalate significantly.
3. Mismanagement of Maternal Medical Conditions
A mother’s health during pregnancy is directly tied to the baby’s well-being. When
medical providers fail to properly monitor, diagnose or treat maternal conditions, the fetus may face unnecessary risks during gestation and delivery. Some conditions, if unmanaged, significantly increase the likelihood of complications that can lead to birth injuries.
Common maternal conditions that require careful management include:
- Gestational diabetes: Increases the likelihood of macrosomia (an unusually large baby), which can lead to shoulder dystocia, birth trauma or the need for a C-section.
- Preeclampsia or high blood pressure: This can cause placental insufficiency, fetal growth restriction or dangerous spikes in blood pressure during labor.
- Infections: Untreated infections can be passed to the infant, potentially causing brain damage, sepsis or meningitis.
- Obesity or pre-existing diabetes: This could elevate the risk of complications that require specialized monitoring and planning.
- Multiple pregnancies: Such a situation often requires more frequent checkups and early intervention.
When healthcare providers fail to order appropriate tests, monitor lab results or develop a safe delivery plan based on the mother’s risk profile, complications can escalate quickly. For example, if gestational diabetes is not diagnosed, a fetus may grow too large, leading to potential birth injury risks.
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) 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 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.
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