Bringing a baby into the world is one of the most joyful events parents can experience. Unfortunately, sometimes a birth defect or birth injury can occur because of medical malpractice.  When medical negligence is responsible for a birth injury, the family may be able to file a medical malpractice claim to be compensated for the damages.

While many types of birth injures can result from medical malpractice, one of the most serious types of injuries involves a brain injury.  Brain injuries to newborns can happen from trauma to the brain or from a lack of oxygen or blood flow to the brain.  These injuries can happen before birth, during birth, or after delivery.  A traumatic brain injury can occur if a doctor improperly uses the vacuum or forceps during a complicated instrumental delivery, such as the case if the baby is too large to naturally exit the birth canal.   Lack of oxygen or blood flow to the brain of the baby may occur in situations such as a rupture of the uterus, separation of the placenta, or the umbilical cord prolapsing or becoming entangled around the baby.

Birth injuries can also occur from severe jaundice that is left untreated, premature delivery if the delivery should have been delayed, not performing a timely C-section if necessary, brachial plexus or paralysis injuries, or a host of other medical mistakes.  In many situations, the fetal heart rate monitor which monitors the baby’s heart rate can help alert the medical staff that the baby’s heart rate has suddenly dropped to a dangerous level.  It is imperative that the medical staff pay attention to the fetal heart rate monitor and take prompt action to correct a serious problem should it occur.  If the staff ignores the warnings or does not promptly correct the problem, the baby may be born with serious brain damage, including cerebral palsy.

Examples of birth defects or birth injuries that may happen because of medical malpractice include:

Developmental delay:  Developmental delay, intellectual disability, developmental disability, and mental retardation are all terms referring to a person with significantly impaired cognitive functioning.   If a child reaches developmental milestones such as walking, talking, or learning, significantly slower than other children of the same age, these may be signs of developmental delays.

Cerebral palsy:  Cerebral palsy is a neurological disorder that permanently affects muscle coordination and body movement.  Although cerebral palsy affects muscle coordination, it is not caused by problems with the muscles or nerves, but instead by abnormalities in the parts of the brain that control muscle movement.   Cerebral palsy may occur when there is a lack of oxygen to the brain of the baby before, during, or after delivery, a traumatic brain injury, premature delivery, or certain types of infections with the central nervous system. 

Kernicterus: Kernicterus is a rare form of brain damage that can happen to a newborn infant suffering from severe jaundice that is not treated.  Kernicterus can cause learning problems, developmental disabilities, movement difficulties, hearing loss, and vision problems.  If bilirubin levels in the baby reach significantly elevated levels or what is referred to as hyperbilirubinemia and spread into the brain tissue, this can cause kernicterus.  It’s important to understand that kernicterus is preventable as long as the excessive jaundice is treated before it becomes severe.

If your child was born with a birth defect or birth injuries because of medical malpractice, you may have a medical malpractice case.  Contact California medical malpractice lawyer Dr. Bruce Fagel right away for a free consultation. 

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