Michigan Birth Injury Lawyers

Common Types of Birth Injuries & How They Occur

A birth injury refers to any damage or injury that occurs to an infant during the process of labor and delivery. These injuries can happen for various reasons and can affect different parts of the baby's body.

There are several injuries that can occur during birth that may result in physical impairment or brain damage. Each injury may be attributed to a different cause, such as strained or torn nerves, trauma to the head, or lack of oxygen.

Some of the most common types of birth injuries that occur in infants include:

• Shoulder Dystocia: This occurs when a baby's shoulder gets stuck during delivery after the head has already emerged. It can cause nerve damage and difficulties in delivering the baby's shoulder.
• Erb's Palsy: It's a type of brachial plexus injury that affects the nerves around the shoulder. It can lead to weakness or paralysis in the arm.
• Brachial Plexus Injuries: These involve damage to the nerves that control the movement and sensation in the arms and hands. They can result in weakness or paralysis.
• Cerebral Palsy: This is a group of disorders that affect movement, muscle tone, or posture. It can occur due to brain damage before, during, or shortly after birth.
• Facial Paralysis: It's the loss of voluntary muscle movement in the face due to nerve damage during birth. It can lead to drooping or weakness on one side of the face.
• Cephalohematoma: This is the pooling of blood between the skull and its fibrous covering, often due to pressure during delivery. It usually resolves on its own but may increase the risk of jaundice.
• Broken Bones/Fractures: Certain bones in the baby's body, such as collarbones or arms, can get fractured during a difficult delivery.
• Caput Succedaneum: It's the swelling of the soft tissues in the baby's scalp, often due to pressure during birth. It typically resolves without treatment.
• Asphyxia: This occurs when the baby doesn't get enough oxygen before, during, or just after birth. It can lead to various complications if severe and prolonged.
• Subconjunctival Hemorrhage: It's the breakage of small blood vessels in the baby's eyes, causing red patches. It's usually harmless and resolves on its own.
• Spinal Cord Injuries: Damage to the spinal cord during birth can lead to various neurological problems, affecting movement and sensation.

Labor & Delivery Errors

Furthermore, the mother may suffer any of the following injuries during labor or delivery:

• Cesarean Section (C-section) Errors: While C-sections are generally safe, errors during the procedure can occur, leading to complications such as infections, excessive bleeding, damage to nearby organs, or issues with wound healing.
• Hemorrhaging: Excessive bleeding during or after childbirth can occur due to various reasons, such as tears in the uterus, placental complications, or issues with blood clotting. This can be life-threatening and requires immediate medical attention.
• Uterine Rupture: This is a rare but serious complication where the wall of the uterus tears, potentially leading to severe bleeding and endangering both the mother and the baby. It can occur during labor, particularly in women who have had a previous C-section or other uterine surgeries.
• Prolapsed Uterus: In some cases, the uterus may slip down into or protrude out of the vagina, either partially or completely, due to weakened pelvic muscles or trauma during childbirth.
• Complications Resulting from Failure to Perform an Emergency C-section: If an emergency C-section is medically necessary but isn't performed promptly, it can lead to various complications for both the mother and the baby. This can include fetal distress, oxygen deprivation, and injuries to the mother such as hemorrhaging or uterine rupture.
• Perineal Tears or Lacerations: Tears or lacerations in the perineum (the area between the vagina and anus) can occur during vaginal delivery. They are classified by degrees, with more severe tears requiring repair and sometimes leading to ongoing issues.
• Infections: Any invasive procedure, including childbirth, carries a risk of infections. This can include infections in the uterus (endometritis), urinary tract infections, or wound infections from C-section incisions or tears.
• Pelvic Floor Injuries: Childbirth can sometimes cause damage to the muscles, ligaments, or connective tissue in the pelvic floor, leading to issues like urinary incontinence or pelvic organ prolapse.
• Emotional Trauma: Some women may experience emotional trauma or postpartum depression as a result of a difficult labor, unexpected complications, or injuries during childbirth.
• Anesthesia Complications: In cases where epidurals or other forms of anesthesia are used, there can be complications such as allergic reactions, headaches, or nerve damage.

While signs of a disorder such as Erb's palsy or cerebral palsy may be evident immediately after delivery, some brain injuries may not be identified for years. Sometimes, an injury may not be realized until the child is in school and learning disabilities or other characteristics relating to brain damage become apparent.

Serious injury can occur if there is a lack of oxygen to the child’s brain during delivery. There is a high risk of birth injury when there is difficult, prolonged labor; improper use of medication by the pregnant mother; or a large fetus or a breech birth. An unreasonable delay in performing an emergency cesarean section can also increase the risk of injury.

What Damages Could Be Recovered in a Birth Injury Claim?

Potential damages could include:

Economic Damages (Tangible Financial Losses)

• Medical Expenses: Covers past, present, and future medical costs, including surgeries, hospital stays, medications, therapy, and assistive devices.
• Rehabilitation Costs: This includes physical therapy, occupational therapy, and speech therapy.
• Specialized Care: Compensation for long-term or lifetime in-home care or assisted living services.
• Lost Wages (for Parents): If parents have to reduce work hours or quit their jobs to care for the injured child.
• Future Lost Earning Capacity: If the child’s ability to work in the future is affected by the injury.
• Home and Vehicle Modifications: Adapting living spaces and vehicles for mobility or accessibility needs.

Non-Economic Damages (Intangible Losses)

• Pain and Suffering: Compensation for physical discomfort and emotional distress suffered by the child.
• Loss of Enjoyment of Life: If the child is unable to experience life fully due to a disability.
• Emotional Distress: Compensation for parents’ mental and emotional suffering caused by the injury.
• Loss of Companionship: If the child is unable to develop normal relationships due to the injury.

Punitive Damages

In rare instances, if the medical provider’s acts were reckless, intentional, or grossly negligent, punitive damages could be granted to penalize the accountable party and deter similar behavior in the future.

Contact Our Birth Injury Lawyer in Michigan Today

If you, your child, or your family member suffered severe, life-altering injuries after a difficult pregnancy, labor, or delivery, you may be entitled to take legal action. A birth injury lawsuit seeks compensation for medical bills, lost income, pain and suffering, emotional distress, reduced life quality, and other damages incurred as a result of the accident.

Grewal Law PLLC can assist you with all aspects of your birth injury claim. We understand just how difficult it can be to move forward after a devastating accident. Because of this, our Michigan birth injury lawyers offer compassionate and personalized legal guidance for our clients. We are prepared to serve as your dedicated advocate throughout the legal process.

Call (888) 211-5798 to request a complimentary case evaluation with our Michigan birth injury attorney today.