What Is the Difference Between a Birth Defect and a Birth Injury?
What Is the Difference Between a Birth Defect and a Birth Injury? When your child faces medical issues at birth,
D'Amore Personal Injury Law, LLC
Serious Injury Lawyers Proudly Serving
Baltimore, Annapolis, & Washington, D.C.
When we talk about birth trauma, we’re referring to physical injuries your baby might suffer during childbirth. These are not genetic defects but are potentially serious injuries that occur as your child passes through the birth canal. This trauma can happen during a natural birthing process or might be associated with interventions during labor, such as the use of forceps or a vacuum. Below, D’Amore Personal Injury Law, LLC explains important information about birth trauma, including what types of trauma create a basis for a lawsuit, and how a birth injury lawyer can help victims and their families.
Birth trauma often results from several physical challenges during delivery, putting significant stress on your baby. Extended or unusually rapid labor can put severe strain and stress on your baby, potentially causing trauma. The use of medical instruments like forceps or vacuum extractors during delivery greatly increases the risk of injury if they’re not handled correctly. Additionally, specific positions of the baby such as a breech presentation (feet first) or situations where the baby is larger than typical, known as macrosomia, complicate the delivery further. A narrow pelvic structure can also make it difficult for the baby to pass through the birth canal safely, posing a risk of injury. Environmental factors, such as a lack of timely medical intervention or inadequate monitoring, can exacerbate these risks.
Malpractice can also lead to birth trauma when healthcare professionals fail to meet the standard of care required during delivery. Mistakes such as misdiagnosing fetal distress, improperly using delivery instruments, or failing to perform necessary procedures like a C-section in a timely manner can result in severe and lasting injuries to the baby.
Specific injuries that define birth injury trauma include head traumas, such as skull fractures or bleeding inside the brain areas. Nerve damage can also occur, particularly affecting the brachial plexus, which impacts the baby’s ability to move their arms and shoulders and can result in a lifelong disability if severe. If the facial nerves are damaged during birth, your baby might not be able to move one side of their face or close their eyes on that side, indicating facial paralysis. Bone fractures, especially to the clavicle or collarbone, are more clearly visible and can typically be identified through physical signs such as abnormal positioning of the limb or noticeable discomfort.
Quick identification of birth trauma is crucial to manage and mitigate any long-term effects on your baby’s health. Signs of birth trauma can be physical, such as unusual swelling, noticeable cuts, or bruises which are easily spotted. Neurological symptoms might include seizures, consistent irritability, or a lack of normal movements, which could indicate brain or nerve damage. Furthermore, if your baby faces ongoing challenges with essential functions like feeding, regulating body temperature, or if they exhibit relentless crying, these could be strong indicators of severe birth trauma.
Initially, healthcare providers will conduct a detailed physical examination to observe any immediate physical damage. Advanced diagnostic tools such as ultrasounds, MRIs, or CT scans are often used to uncover any internal injuries or bleeding that are not visible externally. Treatment can vary based on the injury’s severity—ranging from minor interventions, like modifying feeding positions to alleviate discomfort, to more extensive surgical repairs for severe structural damages. Also, a rehabilitation plan may be necessary, including physical therapy to regain muscle strength and coordination, or occupational therapy to assist with everyday tasks.
Serious and fatal cases of birth trauma represent some of the most heartbreaking outcomes in childbirth, often resulting in long-term disabilities or, tragically, loss of life. Severe cases may involve acute injuries to the brain, which can lead to conditions like cerebral palsy, or significant spinal cord damage, which might cause permanent paralysis. Oxygen deprivation is a particularly serious concern, as it can occur when there are delays in delivery or complications such as nuchal cord (the umbilical cord wrapped around the baby’s neck). This can lead to hypoxic-ischemic encephalopathy (HIE), a condition that can cause lifelong disability or death. Fatal outcomes, while rare, are devastating and can be caused by severe untreated infections, massive internal bleeding, or critical organ damage during a traumatic delivery.
You can take several steps to prevent birth trauma, starting with consistent prenatal care. This includes regular monitoring of fetal growth and maternal health, which can help foresee potential complications. During labor, it’s crucial to have skilled medical professionals who can monitor the baby’s position and health continuously. Discussing the possibility of needing surgical intervention or the use of delivery tools in advance with your doctor can prepare you for safer delivery scenarios.
If your child has experienced birth trauma and you suspect it was because of medical negligence, it is important to seek legal guidance right away from an experienced birth injury lawyer. Reach out to D’Amore Personal Injury Law, LLC by calling (410) 324-2000 or contacting us online for a consultation. We’ll discuss your legal rights and options and help you seek justice and compensation for your child’s injuries.
Fill out the form below and we will contact you.
Or, give us a call at
What Is the Difference Between a Birth Defect and a Birth Injury? When your child faces medical issues at birth,
Which Type of Birth Injury Occurs Most Commonly? When you’re expecting a child, you naturally hope for a smooth delivery
What Qualifies as Birth Trauma? When we talk about birth trauma, we’re referring to physical injuries your baby might suffer