Our Kansas City Birth Injury Attorneys Explain the Key Facts and Your Family's Rights
Injuries that happen during labor and delivery vary in severity and consequence, though it’s not always possible to immediately know what the long-term impact will be. If your child suffered a birth injury, it’s critical to act promptly in taking steps to protect their long-term well-being and the best interests of your family as a whole.
Seek counsel from a Kansas City pediatric law firm where you can connect with a lawyer who has experience handling Missouri birth injury cases. At Fowler Pickert Eisenmenger Norfleet, we’ll help you navigate what you’re facing in a way that protects the rights of your child. Here’s what you need to know about different birth injuries, the economic and non-economic damages assessed in medical malpractice cases, and what our skilled legal team will do to pursue the results you and your family deserve.
Birth Injuries: Types, Causes and Outcomes
There are many types of birth injuries, ranging from mild to severe. Some are the natural result of certain delivery challenges, while others may be caused by medical malpractice or negligence. Below, our team provides an overview of various types of birth injuries, along with potential causes and impacts.
Erb’s Palsy
Brachial plexus injury, commonly referred to as Erb's palsy, involves damage to the nerves that control arm muscles. Possible causes include:
- The baby's shoulder gets stuck in the mother’s pelvis
- Excessive pulling on the baby’s head and neck during delivery
- Improper use of birth-assisting tools such as forceps or vacuum extractors
Mild cases of brachial plexus injury may result in temporary weakness or partial arm paralysis that usually resolves with physical therapy. However, severe cases may result in permanent weakness, lack of muscle control, or paralysis of the affected arm.
Shoulder Dystocia
Shoulder dystocia occurs when the baby’s shoulders get stuck behind the mother’s pubic bone after the head has emerged. This is usually caused by:
- A large baby
- Maternal diabetes
- Prolonged labor
Usually, this is a temporary injury to the shoulder or arm that resolves within a few weeks of birth. But severe cases lead to Erb’s palsy or other forms of permanent nerve damage, broken bones, or oxygen deprivation that can lead to brain damage. In extreme cases, shoulder dystocia can be fatal if not managed promptly.
Clavicle Fractures
Broken bones are a common birth injury. A broken clavicle or collarbone happens frequently in complicated deliveries. Causes of collarbone fractures include:
- Difficult or prolonged labor
- Breech delivery, which involves a baby’s feet or buttocks being delivered first
- Use of force during delivery to extract the baby
Clavicle fractures are painful but usually heal without long-term complications. Extensive problems resulting from this type of labor and delivery injury are rare, but poor healing or deformity are possible with this type of injury.
Skull Fracture
Possible causes for this type of birth injury include:
- Use of forceps in delivery
- Vacuum extraction
- Excessive pressure on the baby’s head during delivery
Most skull fractures are minor and heal without long-term complications. With severe skull fractures, there’s potential for brain damage, developmental delays, or long-term cognitive and physical disabilities. Severe consequences are most likely if the break affects the baby’s brain tissue.
Spinal Cord Injuries
During birth, damage to the spinal cord can occur due to excessive traction or trauma such as:
- Breech delivery
- A very large baby
- Baby in an abnormal position
- Use of excessive traction during delivery
Depending on its location, spinal cord injury can lead to partial paralysis or weakness. In more complicated cases, there can be a loss of motor function, permanent paralysis, and possible complications with breathing, bowel, or bladder control.
Caput Succedaneum
This is the medical term for swelling of the soft tissues of the baby’s scalp caused by pressure during delivery. This can be caused by:
- Prolonged labor
- Use of vacuum extraction during delivery
Caput succedaneum usually resolves on its own within a few days of birth. It’s quite common and doesn’t lead to long-term harm.
Cephalohematoma
This condition also appears as scalp swelling, but it results from an accumulation of blood between the baby’s skull and the periosteum, which is a layer of tissue covering bones in the affected area. Cephalohematoma may happen due to:
- Prolonged labor
- Lengthy pressure on the baby’s head during delivery
- Trauma from forceps or vacuum delivery
Swelling caused by cephalohematoma usually resolves over time without intervention, although there’s a risk of jaundice or anemia. Serious long-term complications are rare.
Facial Nerve Palsy
Facial nerve palsy is weakness or paralysis of the facial muscles due to nerve damage. When this occurs as a birth injury, likely causes include:
- Use of forceps
- Difficult labor that results in pressure on the baby’s face during delivery
Mild cases of facial nerve palsy involve temporary weakness or paralysis on one side of the face and usually resolve without treatment. Cases involving more complex nerve damage may result in permanent facial asymmetry or difficulty controlling facial expressions.
Intracranial Hemorrhage
Bleeding within the brain can occur during birth due to:
- Use of forceps or vacuum extraction
- Prolonged or difficult labor
- Blood vessel fragility in premature births
Intracranial hemorrhage often causes minor bleeding that may resolve without significant damage. However, if bleeding is extensive and not properly treated, it might lead to seizures, developmental delays, cerebral palsy, or even death.
Subconjunctival Hemorrhage
This is bleeding from a broken blood vessel in the baby’s eye, appearing as excessive redness in the sclera, or white area. It often occurs during labor and delivery because of:
- Pressure changes during delivery
- Rapid delivery leading to sudden pressure on the baby’s head
This condition doesn’t usually require intervention and resolves on its own within a week or two. Long-term harm isn’t likely, as subconjunctival hemorrhage rarely causes vision problems or other complications.
Meconium Aspiration Syndrome
This is a condition that occurs when a baby breathes in a mixture of their first stool and amniotic fluid into their lungs. This can be caused by:
- Fetal distress leading to the release of stool before birth
- Prolonged labor
- Delivery difficulty
Mild cases of meconium aspiration syndrome result in respiratory distress that requires prompt and proper treatment. Severe cases may result in long-term breathing problems, a higher risk of respiratory infections, or permanent lung damage. If left untreated, some extreme circumstances of this birth injury lead to brain damage or death.
Cerebral Palsy
Cerebral palsy describes a group of disorders affecting movement, muscle tone, and posture that often result from brain injury during birth. Examples of possible causes include:
- Lack of oxygen to the brain
- Infections during pregnancy
- Premature birth
- Trauma during delivery
Mild cases present as motor difficulties, muscle stiffness, or problems with coordination. Severe cases may involve permanent motor disability affecting mobility, speech, and cognition. People with severe cerebral palsy might require lifelong care and adaptive equipment to assist with mobility.
Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy (HIE) is damage caused by a lack of oxygen or blood flow to the brain. This can occur during labor and delivery due to:
- Umbilical cord wrapped around the baby’s neck
- Uterus tearing open during labor or delivery
- Placenta separating from the uterine wall before delivery
- Difficulty breathing after delivery
- Prolonged labor
Mild HIE can lead to developmental delays or minor motor or cognitive impairments. Severe cases may result in permanent brain damage and conditions such as cerebral palsy, epilepsy, or intellectual disability. Unfortunately, extensive HIE is life-threatening.
Perinatal Asphyxia
This is the term for oxygen deprivation that occurs before, during, or immediately after birth. Typical causes are:
- Complications with the umbilical cord
- Placental insufficiency
- Prolonged labor
- Obstructed labor
- Preeclampsia or other severe health conditions in the mother
Mild cases of perinatal asphyxia result in transient breathing issues that are likely to resolve with proper treatment. Severe cases of this birth injury can result in brain damage, developmental delays, cognitive impairments, or long-term disabilities such as cerebral palsy. Death may occur in extreme cases.
Lacerations
Cuts or scrapes on the baby’s skin are common birth injuries, as they can be caused by the various instruments used during delivery, such as:
- Scalpel usage to perform a cesarean section
- Use of forceps during delivery
- Vacuum extraction
Many lacerations that occur during birth are superficial cuts that heal without scarring. However, deeper cuts that require surgical intervention might scar. If the injury involves a vital organ, more significant complications may occur.
Possible Damages in a Birth Injury Case
As you can see from the extensive list above, each birth injury case is unique, and the specific damages available depend on the circumstances, including the severity of the injury and its long-term impact on the child and family.
At Fowler Pickert Eisenmenger Norfleet, we’ll conduct a thorough evaluation of your child’s health care needs, your family’s obligations, and other factors to assess what your settlement package should include. Here are some examples of typical losses presented in birth injury cases.
Economic Damages
Economic damages awarded may include compensation for:
- Past and future medical and rehabilitation costs.
- Lost wages and earning capacity for parents due to caring for their injured child.
- Loss of earning capacity if the child’s future ability to work is compromised.
- Cost of specialized education needed due to developmental delays or disabilities.
Non-Economic Damages
Non-economic damages may include compensation for:
- Permanent physical or cognitive disabilities or disfigurements resulting from the injury.
- Pain and suffering of the injured child and their parents.
- Emotional trauma experienced by parents as a result of witnessing their child's suffering.
- Emotional trauma parents endured from dealing with the consequences of the injury.
- Reduction in the child's ability to enjoy life’s activities due to the injury.
- Loss of a normal relationship with their child due to the birth injury.
Punitive Damages
If medical providers or facilities are found to have been grossly negligent or to have engaged in reckless behavior, a judge or jury may decide to award punitive damages in addition to economic and non-economic damages. These are meant to punish the defendants and deter similar conduct in the future.
Wrongful Death Damages
If the birth injury leads to a baby’s loss of life, the family may seek additional compensation in the form of wrongful death damages. Examples include:
- Funeral and burial expenses
- Loss of companionship and emotional support
- Medical expenses incurred before the baby’s death
- Emotional anguish and grief for the parents
The Importance of Seeking Legal Counsel Right Away
Because the long-term effects of a birth injury might not always be apparent, it’s important to be aware of the statute of limitations for a Missouri birth injury and to avoid doing or saying things that could interfere with pursuing appropriate legal action.
Our skilled child injury attorneys at Fowler Pickert Eisenmenger Norfleet will:
- Organize your case to ensure all filings meet the appropriate deadlines.
- Secure essential evidence required to protect your rights to pursue damages if your child’s injury resulted from medical malpractice, negligence, or misconduct.
- Advise you on how to respond when hospital representatives contact you after the injury.
If your child may have suffered a birth injury, you don’t have to face this battle alone. Circumstances like these are challenging, but our compassionate Kansas City pediatric lawyers work diligently to handle every aspect of your case so you can focus on the wellbeing of your family.