Birth Injury and Trauma: Medical Malpractice Attorneys

Expectant couples enter Pennsylvania delivery rooms to experience the joyful birth of their child every day. But sadly, not every delivery has a happy ending. Some babies sustain serious and life-changing birth injuries that can impact their ability to lead a normal life forever.

Complications in the labor and delivery of a newborn baby can result in a number of serious problems, such as brain injuries, cerebral palsy, shoulder dystocia and a host of other disorders.

While some birth injuries may have been unavoidable, other times they occur due to negligence on the part of a doctor or other medical professional. Pennsylvania families who are raising a child with a birth injury or whose infant died as a result of a birth injury may be victims of medical malpractice – and may have a right to hold doctors and healthcare providers responsible when their negligence harms an innocent child. 

If your infant suffered from a birth injury in a Pennsylvania delivery room, call the compassionate lawyers at Munley, Munley & Cartwright. We have successfully represented clients in a variety of birth injury claims for more than 40 years. We understand the complexities of Pennsylvania’s medical negligence laws and can help families obtain monetary awards to help with medical bills, long-term care and other needs that your infant will have as he or she grows up.

Our firm represents clients throughout Pennsylvania and has offices in Scranton, Carbondale, Plains, Stroudsburg, Hazleton and Hamlin. To schedule a free consultation, contact us online or by calling 877-421-9173.

About Pennsylvania Birth Injuries

Medical malpractice occurs when a doctor, nurse, pharmacist or other member of the health care team acts irresponsibly (or fails to act) while treating a patient, and subsequently causes harm or worsens an existing medical problem. For example, when it comes to birth injuries, a doctor may behave negligently by failing to note signs of fetal distress or by not performing a Caesarean section in a timely way during an emergency.

Medical professionals are trained to look for red flags throughout the course of a pregnancy and during birth. Examples of red flags include:

• Excessive bleeding;
• Long labor;
• Breech position in the infant;
• A compromised umbilical cord or placenta;
• Fetal distress;
• Infection;
• Excessive water and weight gain.

Failure to identify any of these risk factors can have catastrophic consequences for both the mother and baby in the delivery room and may be grounds for a medical malpractice lawsuit. It is best to speak with an experienced Pennsylvania birth injury attorney who can evaluate your case in detail and advise you of your legal options.

Common Types of Birth Injuries

Statistics indicate that birth injuries occur in about one of every seven births in the United States.  One major cause of birth injuries is oxygen deprivation, which commonly occurs when the umbilical cord is compressed and/or twisted in the birth process. The other major cause is mechanical trauma, which may occur when the baby assumes a breech or unusual position at the time of birth.

The following summarizes some of the most common types of birth injuries:

Cerebral palsy

Cerebral palsy affects a baby’s ability to move properly. Symptoms may include muscle stiffness or spasticity, poor muscle tone and muscle weakness, uncontrolled body movements, problems with balance and coordination and speech issues. About 5,000 babies are affected by cerebral palsy annually in the U.S., and there is no cure.

There is no one cause of cerebral palsy. It can be caused by damage to the baby’s brain before or after birth and is typically linked to oxygen deprivation, which could be caused by improper monitoring of the birth process, physical trauma, or even the improper administration of medications.

Some possible signs that your baby’s cerebral palsy is the result of a birth injury may include:

• Not breathing at birth and requiring resuscitation;
• Seizures within 24-48 hours after birth;
• Blue skin;
• Floppy limbs;
• Poor suckling;
• No history of brain damage;
• Problems maintaining body temperature after birth;
• Fecal staining on the body at the time of delivery;
• Not being discharged from the hospital at the same time as the mother.

Shoulder Dystocia

Shoulder dystocia is a complication that occurs during the birth process, when a newborn’s shoulder gets caught behind the pubic bone of the mother. There are several dangers that arise in this situation: 1) The baby is unable to breathe while pinned beneath the bone, and 2) The baby’s arm and shoulder are subject to serious injuries, which could lead to cerebral palsy or other nerve disorders. Some cases of shoulder dystocia cannot be foreseen, but others may be due to a doctor’s failure to read the mother’s medical records to see that she has a history of delivering large babies, does not adequately evaluate the baby’s size prior to delivery and fails to ask for help when emergencies arise as a result of shoulder dystocia. 

Erb's Palsy/Brachial Plexus Palsy

Erb’s palsy is caused by damage to the brachial plexus nerves in the baby’s neck region. Excessive force on the baby’s arm and shoulder during delivery can cause nerve damage that impairs the baby’s ability to move his or her arms, shoulders and hands. Some nerve damage is minor and will resolve without medical intervention. However, if a brachial plexus injury causes the nerve to tear or develop scar tissue that impedes movement, surgery may be required.

Other Birth Injuries

The list of birth injuries is extensive. In addition to injuries that occur during delivery, there are some birth injuries, such as jaundice, that need to be carefully monitored by doctors and nurses after delivery in order to avoid life-threatening complications.

Other birth injuries may include:

• Traumatic brain injuries;
• Bacterial meningitis;
• Viral infections or measles;
• Viral encephalitis;
• Fever;
• Fecal aspiration;
• Infant kernicterus;
• Group B strep;
• Injuries to the mother caused by heavy bleeding, unsanitary delivery tools, urinary tract infections or the improper administration of drugs.

Contact Our Pennsylvania Birth Injury Lawyers Today

If you or your newborn suffered from a birth injury during delivery, call Munley, Munley & Cartwright at 877-421-9173 or contact us online for a free consultation. Our firm has built a reputation over 40 years in the courts within within Lackawanna, Monroe, Schuylkill, Wayne, Luzerne, and Wyoming counties. The “Family of Lawyers” at Munley, Munley & Cartwright are experienced and successful medical malpractice litigators. We fight to protect the rights of patients.