How Birth Injuries Can Impact Families and Your Legal Rights: What You Need to Know
The birth of a child should be a joyful occasion, but when a birth injury happens, it can change everything. Birth injuries can stem from medical mistakes, complications during labor, or other issues during delivery. These injuries can affect not just the child, but the whole family, causing emotional, physical, and financial struggles that last for years. Understanding how birth injuries affect families and knowing what legal options are available can make a big difference in getting the support you need.
In this post, we’ll take a look at common birth injuries, how they impact families emotionally and financially, and how legal action can help secure compensation for the challenges these injuries bring.
Common Birth Injuries and Their Causes
Birth injuries can happen for various reasons. Sometimes they result from medical negligence, like improper use of delivery tools, while other times they’re just due to the natural complications of childbirth. The severity of these injuries can vary, and the long-term effects will depend on the type and severity of the injury. Here are some of the more common birth injuries:
- Erb’s Palsy (Brachial Plexus Injury) Erb’s palsy occurs when the brachial plexus—the group of nerves that controls the arm and hand—gets damaged. This is often the result of excessive force during delivery, especially if the baby’s shoulder gets stuck. Some babies recover with physical therapy, but others may have lasting weakness or even paralysis in their arm.
- Cerebral Palsy Cerebral palsy is a group of disorders that affect movement and coordination, often caused by brain damage during birth. It can happen due to lack of oxygen during delivery, infections, or physical trauma. Depending on how severe the condition is, children may need lifelong care, including therapy, medications, or surgeries.
- Fractures Sometimes, babies suffer bone fractures, particularly to the collarbone, during a difficult or assisted delivery. While most fractures heal with time, they can lead to developmental delays or complications, especially if the injury isn’t treated properly.
- Caput Succedaneum and Cephalohematoma Caput succedaneum is swelling of the baby’s head caused by the pressure of the birth canal, while cephalohematoma is a blood collection between the skull and its covering. Though these issues often resolve themselves, they can cause temporary deformities and discomfort for the baby.
- Intracranial Hemorrhage (Brain Bleed) This is a more serious injury that can happen during birth, especially with the use of forceps or vacuum extraction. It involves bleeding in the brain and can lead to developmental issues, learning disabilities, or neurological disorders.
The Emotional Toll on Families
A birth injury can have a major emotional impact on the entire family. What should be a moment of joy often becomes a time of shock, fear, and uncertainty. Here’s a look at some of the emotional challenges families face when dealing with a birth injury:
- Grief and Shock The sudden realization that their child has been injured can leave parents feeling devastated. Many experience a deep sense of loss for the healthy baby they expected and worry about what the future holds.
- Stress and Anxiety Caring for a child with a birth injury is often overwhelming. Parents may constantly worry about their child’s future—will they recover? What kind of care will they need in the long run? The uncertainty can cause a lot of anxiety.
- Relationship Strain The stress of dealing with a birth injury can put a strain on relationships, especially between partners. Financial worries, sleepless nights, and the emotional burden of caring for a child with special needs can lead to tension, frustration, and even isolation.
How Lehigh Valley Medical Malpractice Lawyers P.C. Can Help
- Medical Malpractice Lawsuits If the birth injury was caused by a healthcare provider’s mistake—such as improper monitoring, misuse of delivery tools, or failure to respond to complications—parents may be able to file a medical malpractice lawsuit. The compensation from a successful lawsuit can help cover medical bills, long-term care costs, and lost wages.
- Wrongful Death Claims In the tragic case that a birth injury leads to the death of a child, parents may have grounds for a wrongful death lawsuit. This type of legal action can help cover funeral costs, pain and suffering, and other losses related to the child’s death.
- Pain and Suffering Compensation Along with covering medical costs and lost wages, compensation from a lawsuit can also help families deal with the emotional toll of a birth injury. This can be vital in helping them cope with the trauma of raising a child with significant health challenges.
- Legal Guidance An experienced birth injury lawyer can help families navigate the complex legal system. A lawyer can investigate what went wrong, gather medical evidence, and build a strong case to ensure the family gets the compensation they need to care for their child and handle the financial strain.
Conclusion
Birth injuries can cause lasting emotional and financial challenges for families. The impact is wide-reaching, from the emotional shock and grief of dealing with a child’s injury to the heavy costs of care and therapy. But legal action can offer a way to help families seek justice and secure compensation for the damages they’ve suffered. If you believe your child’s birth injury was caused by medical negligence, it’s important to consult with an experienced attorney who can guide you through the process and help protect your rights. An experienced lawyer can help you get the support you need for your family’s future.