Providing The Birth Injury Answers You Need
When you contact a birth injury lawyer there are likely many questions you will want to ask. There is a good chance that most of your questions have been asked time and time again by other concerned parents who are looking out for their child’s wellbeing. In this birth injury FAQ, we provide answers to many birth injury topics that parents frequently ask regarding the wellbeing of their child.
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Frequently Asked Questions (FAQs)
Birth Injury
A birth injury is defined as any type of injury or trauma that a baby suffers before, during or immediately after childbirth. According to the National Vital Statistics Report definition, a birth injury is "an impairment of the (newborn baby’s) body function or structure due to an adverse event that occurred at birth."
Birth injuries can range from minor (such as bruising or lacerations during delivery) to severe injuries (such as brain injury or spinal cord injury). Fractures and soft tissue injuries are among the most common non-life-threatening birth injuries, while brain injury and intracranial brain bleeds are among the most common severe or life-threatening birth injuries.
The risk of birth injury in the US is as high as 6 to 8 birth injuries per 1,000 live births (or per 1,000 children). Up to 2% of all infant deaths also occur due to birth injuries. One of the most severe birth injuries is brain injury, which may result in hypoxic-ischemic encephalopathy (HIE), potentially leading to cerebral palsy.
No, birth defect and birth injury are not the same. Several factors distinguish a birth defect from a birth injury. Parents should be aware of the key differences between the two in order to ensure their child receives the appropriate medical care.
Birth defects are defined as structural or functional abnormalities in the developing baby, which occur during pregnancy. Birth defects can range from mild to severe, affecting any part of the baby’s body, such as heart, brain, spine, limbs, face, eyes, or ears. They may impact the baby’s appearance, function, or both.
Birth injuries are defined as any type of harm or damage that the baby may suffer around the time of labor or delivery. Birth injuries are often preventable, and may range from birth trauma (damage to the baby’s head or body during delivery) to birth asphyxia (oxygen deprivation) to contracting a maternal infection, or other injuries.
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About The differences
Between Birth Defects & Birth Injuries
A minor birth injury may cause temporary physical discomfort, pain and suffering to the baby, but no long-term damage may occur. A severe birth injury can have permanent consequences for the baby, including both lifelong physical and intellectual disabilities as well as emotional effects for their entire life.
Cerebral Palsy
Any birth injury that restricts the blood flow to the baby’s brain during pregnancy, labor or delivery or even shortly after birth can cause cerebral palsy. Disruption of blood flow reduces or cuts off the supply of oxygen to the baby’s brain. Severe or prolonged oxygen deprivation to the brain tissue causes brain injury and brain damage, such as hypoxic-ischemic encephalopathy (HIE), which can caused cerebral palsy.
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About Birth Injuries
that Cause Cerebral Palsy
Hypoxic-ischemic encephalopathy (HIE) is a serious birth injury occurring during pregnancy, labor or delivery, which can cause cerebral palsy. Restricted blood flow the baby’s brain can lead to severe or prolonged oxygen deprivation, resulting in HIE injury to the baby. Babies who have experienced an HIE insult may suffer from developmental delays, cognitive impairments, or cerebral palsy.
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About What Causes Cerebral PalsyDuring Pregnancy
The “cerebral motor cortex” is generally the part of the brain that is damaged when a child has cerebral palsy. The cerebral motor cortex part of the brain controls and directs muscle movement. Damage to the cerebral motor cortex causes problems with the child’s movement, balance and posture, often resulting in cerebral palsy. This brain damage usually occurs when the baby suffers a hypoxic-ischemic encephalopathy (HIE) birth injury due to oxygen deprivation to the brain.
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About What Part of the Brain is DamagedWhen a Child has Cerebral Palsy
When the baby experiences oxygen deprivation around the time of birth, it may cause a hypoxic-ischemic encephalopathy (HIE) injury, which could lead to cerebral palsy.
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Complications of Cerebral Palsy at Birth
The signs of cerebral palsy at birth may include breathing problems (including the need for neonatal resuscitation), slow or absent reflexes, movement abnormalities, pale or bluish skin and lips, weak cries, irritability, difficulties in feeding or taking milk/formula, inability to lift head, floppy muscles, low alertness, dilated pupils, excessive drooling, irregular heart rate, and/or seizures.
Cerebral palsy usually results from brain damage to the baby that often occurs around childbirth. The most common cause of brain injury around birth is hypoxic-ischemic encephalopathy (HIE), which takes place when baby’s brain is deprived of oxygen during labor or delivery.
Cerebral palsy is one of the most common types of preventable serious birth injuries in the United States. Decades of research have proven than the risk of cerebral palsy is greatly reduced when obstetrician and labor and delivery nurses exercise the prevailing standard of care (meaning they act in a reasonable manner to recognize and react to risks that can lead to brain injury causing cerebral palsy).
According to the CDC, cerebral palsy is the most common among all childhood disabilities. As many as three out of every 1,000 babies born in the US are affected by cerebral palsy.
If you suspect your baby has cerebral palsy, there may be early signs and symptoms which may be indicative of cerebral palsy. Keeping an eye out for these signs can help your child receive an early cerebral palsy diagnosis and appropriate care. Keep in mind that not all children that are eventually diagnosed with cerebral palsy show early signs and symptoms.
Yes, an injury during pregnancy can cause a brain damage to the baby, which may eventually lead to cerebral palsy. Sometimes the brain damage takes place in-utero (while the baby is in the mother’s womb), while in other cases, brain damage in the form of hypoxic-ischemic encephalopathy (HIE) occurs during labor or delivery. The likelihood of cerebral palsy will increase depending on the severity of the HIE during pregnancy or around childbirth.
The most reliable way to prevent cerebral palsy is provide the expectant mother and her baby with proper medical care and attention throughout the pregnancy, and especially during the period of labor and delivery. When the medical providers proactively monitor, diagnose, and treat conditions and risk factors that may lead to a lack of oxygen to the baby, it’s possible to prevent or minimize the risk of cerebral palsy.
A number of birth issues can eventually lead to the development of cerebral palsy. In particular, birth trauma or birth complications occurring around labor and delivery can put the baby at a serious risk of cerebral palsy. A lack of oxygen (birth asphyxia) to the baby’s brain around childbirth can cause a brain injury called hypoxic-ischemic encephalopathy (HIE) injury that is the leading cause of cerebral palsy.
Medical providers should be alert to a number of signs and risk factors of cerebral palsy during pregnancy. Rh disease (incompatible blood type between the mother and the baby), bacterial infections (such as Group B Strep), maternal bleeding in the later stages of pregnancy, preeclampsia (maternal high blood pressure), gestational diabetes, HELLP syndrome, fetal bradycardia (low heart rate of the baby), multiple pregnancy, and maternal history of birth complications are some of the signs to indicate a high risk pregnancy and increased chances of the baby developing cerebral palsy.
Yes, trauma during delivery can cause cerebral palsy in some babies. Abnormal fetal presentation (such as breech baby), cephalopelvic disproportion (baby’s head size is mismatched with the maternal pelvis), macrosomia (baby is larger than average), and prolonged or arrested labor are some of the conditions that can result in trauma during delivery.
Most babies with cerebral palsy will not kick their legs because their muscles are stiff, resulting in awkward movement. While children without CP will kick their legs and reach out with their arms at about three months, children with CP are likely to miss these developmental milestones.
Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic ischemic encephalopathy is a type of brain injury that occurs when the baby’s brain is deprived of oxygen. Hypoxic ischemic encephalopathy or HIE can occur prior to birth, during labor and delivery, or shortly after birth. The length and amount of oxygen deprivation to the brain will determine the severity of brain damage caused by the HIE.
HIE (the abbreviation for “hypoxic ischemic encephalopathy”) is a birth injury to the brain that may occur in a baby during pregnancy, labor, or delivery. This birth injury takes place when the supply of oxygen to the baby’s brain is cut off or severely reduced for a period of time.
Yes, a baby with a truly mild HIE injury can fully recover without experiencing any long-lasting or permanent damage. In case of very mild HIE, the oxygen supply to the baby’s brain is reduced or cut off for an extremely short period of time. The baby’s body can use its stored energy reserves to compensate for this brief period of oxygen deprivation.
According to the Centers for Disease Control (CDC) data, about 40 to 50 percent of the children with HIE (“Hypoxic Ischemic Encephalopathy”) who develop cerebral palsy will not be able to walk independently. In general, mobility impairment, especially walking, is the most common long-term complication associated with HIE. Mobility impairment in children with Hypoxic Ischemic Encephalopathy can vary from a slightly abnormal gain to a complete inability to walk.
Yes, some babies born with HIE (the abbreviation for the medical diagnosis of hypoxic ischemic encephalopathy) will fully recover over time and lead a normal life. In the case of extremely mild HIE, about 95% of the babies will develop no long-term complications.
HIE or hypoxic ischemic encephalopathy occurs when the blood flow to the baby’s brain is cut off or reduced, resulting in oxygen deprivation (birth asphyxia). The longer the baby’s brain remains without oxygen, the more severe the HIE is likely to be.
The symptoms of HIE or hypoxic ischemic encephalopathy will vary depending on the severity of the baby’s brain injury. In general, HIE symptoms can be broadly classified into three groups:
- (a) HIE symptoms before and during birth
- (b) HIE symptoms shortly after birth, which is the neonatal phase
- (c) HIE symptoms appearing later as the baby grows.
The three stages of HIE or Hypoxic Ischemic Encephalopathy are generally defined as:
- Stage I – mild HIE
- Stage II – moderate HIE
- Stage III – severe HIE
Yes, eligible babies with HIE or hypoxic ischemic encephalopathy can and should be promptly treated with therapeutic hypothermia to minimize the potential brain damage and improve long-term outcomes.
Life expectancy of HIE babies (babies diagnosed with hypoxic ischemic encephalopathy) will vary depending upon the severity of the brain injury. According to researchers, up to 60% of babies with HIE will suffer from long-term disabilities, including cerebral palsy, before the age of two. Research studies also show that, tragically, about 15 to 20% of the babies with HIE will die within the first week of birth.
Is Your Child’s Birth Injury the Result of Medical Malpractice?
Parents whose children suffer birth injuries want and deserve answers as to whether mistakes by the doctors and nurses contributed to the injury. At Miller Weisbrod Olesky, our award-winning birth injury attorneys have represented families all over the United States in their time of need after a birth injury. We use our skills and expertise to obtain for you and your child a medical malpractice settlement that will help provide specialized medical therapy in order to maximize the quality of life and independence of your child throughout their life.
- Were there signs of birth injury or birth complications during the pregnancy, labor, and delivery process, or presence of risk factors, which were either not recognized or properly treated?
- During the labor and delivery, were there clear indications that the baby was suffering from fetal distress, but appropriate actions were not taken by the maternal fetal specialists, obstetrician or nurses?
- Was there a delay in diagnosis of a likely premature birth that led to later complications, including brain injury?
- Did the medical team fail to order a series of tests to diagnose this birth complication in a timely manner?
- Was the decision to perform a cesarean delivery delayed leading to birth trauma during vaginal delivery or labor?
- Did the neonatal resuscitation team fail to quickly begin important breathing support?
- Should brain cooling (also called “hypothermia therapy”) have been provided to your baby, but the doctors and nurses failed to perform the appropriate tests or ignored the results of the tests?
Our birth injury attorneys have recovered millions of dollars in settlements for families of children that have suffered a birth injury. At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do, no matter how long or tough your case is.
Why Should You Talk with the Highly Capable Attorneys at Miller Weisbrod Olesky?
The only way to find out if you have a birth injury case is to talk to a lawyer experienced in birth injury lawsuits. It’s not uncommon that a birth related complication results in a preventable birth injury, including cerebral palsy, but it takes a detailed expert review by a birth injury attorney of the medical records from your child’s birth to determine if the birth injury was the result of medical malpractice.
At Miller Weisbrod Olesky, a team of committed lawyers, nurses and paralegals uses our detailed medical negligence case review process to assess your child’s potential birth injury case. We start by learning more about you and your child and the status of meeting/missing developmental milestones. Then we gather medical records to determine what happened before, during pregnancy. We call in documented and proven medical experts who review your records and let us know if they think medical errors could have caused your child’s injuries.
If we feel medical negligence caused or contributed to wrongful birth in your case, we meet with you to discuss how you can receive compensation from the medical professionals who made the errors. Our birth injury attorneys have recovered millions of dollars in settlements for families of children that have suffered a birth injury.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We only receive payment when you do no matter how long or tough your case is.