3 of the Most Common Types of Birth Injuries Due to Malpractice

Watching your child grow and meet milestones is an event all parents look forward to. From sitting unassisted, all the way to taking their first steps. These milestones are more than just emotional moments, they are developmental markers. Injuries at birth due to malpractice can present themselves during the milestone markers. Taking note of your child’s patterns, physical movements, and cognitive ability can help you determine if your child has possibly experienced an injury during birth.

1. Hypoxic-ischemic encephalopathy (HIE)

This condition is caused by the deprivation of oxygen and blood to the brain during birth. The longer the brain goes without oxygen and blood, the greater the potential for long-term damage and disability. HIE affects between one and two babies per 1,000 born annually. According to The National Library of Medicine, 15%–20% of affected newborns will die in the postnatal period, and an additional 25% will develop severe and permanent neuropsychological issues, including developmental delays, visual motor or visual perceptive dysfunction, increased hyperactivity, cerebral palsy, and epilepsy.

Symptoms of HIE will vary based on the severity of the underlying brain damage but there are a few that are common across all levels:

Lack of muscle tone with no reflexes
Sporadic apnea and irregular breathing
Poor latching and sucking reflex
Seizures

2. Kernicterus

Kernicterus is caused when jaundice at birth is left untreated and causes toxic levels of bilirubin that create this long-term brain damage. Jaundice occurs when the liver is not able to process bilirubin fast enough to keep pace with hemolysis. In adults jaundice typically only occurs when the liver is damaged or impaired by disease. However, jaundice in infants occurs more frequently because their liver is often underdeveloped or inefficient when they are first born.

Early detection and treatment are imperative to prevent further brain damage. There are many risk factors that can increase the chances of your baby developing Kernicterus, including preterm birth.

Preterm birth
Feeding difficulties
Sibling with jaundice
Babies with darker skin

If this condition isn’t addressed quickly, life-time impairments such as auditory neuropathy, uncontrolled body movements, and speaking difficulties can develop.

3. Erb-Duchenne Palsy (Erb’s Palsy)

Erb-Duchenne Palsy is an injury at birth in which nerves at the base of the baby’s neck are damaged during delivery resulting in full or partial paralysis in the baby’s arm, commonly as a result of difficult vaginal delivery. Erb’s palsy can cause immobility, weakness, or paralysis and in more severe cases, the affected arm can have noticeably abnormal growth and development.

While there are other birth injury conditions due to malpractice, these three are the most common in the United States. Post-partum can be a difficult time, and adding the possibility of a birth injury can add to the stress you may be feeling as a parent. If you suspect that your child has sustained a birth injury, noting any abnormalities and contacting your child’s pediatrician is a good first step. Early detection is key in most cases. If you suspect malpractice or medical negligence caused a birth injury, a qualified attorney will be able to investigate the cause for you – typically on a no-win, no-fee basis.

This article was created in partnership with Fox45 News.

3 of the Most Common Types of Birth Injuries Due to Malpractice

1. Hypoxic-ischemic encephalopathy (HIE)

2. Kernicterus

3. Erb-Duchenne Palsy (Erb’s Palsy)

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