Birth Injuries

Having a child can be one of the happiest moments of your life. Unfortunately, it can also be a time of anxiety and fear. Approximately 7 out of 1,000 babies in the United States are injured either before or during childbirth. Some of these injuries are the result of improper care or negligence by a medical provider, like a doctor, midwife, or nurse. The implications of a birth injury caused by negligence, on you or your child, can be overwhelming with long-term effects. When you are anticipating the birth of a healthy baby and your baby is born injured or unhealthy, often times you are left feeling helpless and wondering “How could I have let this happen?”

The natural contractions that come with childbirth can be hard on an infant and the potential for birth injury will always exist. However, in some circumstances, improper care provided by a health care professional during labor and delivery may be the likely cause of the injury.

Common birth injuries include:
  • Cerebral Palsy
  • Erb’s Palsy (sometimes called Brachial Plexus Palsy)
  • Bleeding to the brain
  • Injury to the brain cells from a lack of oxygen (HIE or Hypoxic-ischemic Encephalopathy)
  • Brain swelling
  • Facial nerve damage
  • Skull fractures


Birth injury, medical malpractice, or negligence, can happen when your healthcare provider deviates from accepted standards of practice and causes an injury. This can happen in many different ways, such as:
  • Failure to accurately interpret fetal ultrasounds
  • Failure to properly care for the newborn after delivery
  • Improper use of forceps, vacuum or other delivery instruments
  • Improper use of Pitocin, or other drugs used to induce or facilitate labor
  • Failure to perform a cesarean section when the condition of the baby and/or mother requires it
  • Failure to recognize signs of fetal distress seen on the fetal heart monitor and provide the appropriate treatment


Other types of injuries could be due to a medical care provider’s improper diagnosis or management of a complicated pregnancy or delivery such as:
  • Abnormal maternal or fetal bleeding
  • Detached placenta (placental abruption)
  • Misdiagnosing or failure to diagnose maternal infections
  • Prolonged labor caused by inadequate pelvis size for vaginal delivery or other situations

If your child has been injured due to the negligence of a healthcare provider, it is important that you call an experienced personal injury lawyer. Call Grabb & Durando. Our attorneys will fight for your rights and help ensure that you get the compensation that you deserve.

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