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Unfortunately, unborn babies
can be so vulnerable that proper management of labor,
delivery, postpartum, and the early neonatal period is
essential. Even simple oversights can result in injury
to the mother and baby. Common birth injuries can be caused
by trauma and lack of oxygen to the baby. Conditions resulting
from birth injury may include permanent brain injuries
like cerebral palsy, and nerve damage which may permanently
affect the functioning of arms and legs. The law office
of Martha Merrill-Hall provides resources and individualized
attention to ensure that the legal rights of mothers and
babies are protected.
» Hypoxic/ischemic brain damage resulting
in cerebral palsy
Cerebral palsy is a permanent neurological disorder that
is often caused by lack of oxygen or blood flow to the
baby’s brain during labor and delivery. Abnormalities
in the fetal heart tracing of the baby may indicate whether
the baby suffered a lack of oxygen during the birth process.
Obstetrical complications commonly associated with the
development of cerebral palsy in an infant are:
- persistent and untreated fetal heart rate abnormalities
- umbilical cord prolapse
- placental abruption
- ruptured uterus
- infection
- negligent management of labor induction
- failure to diagnose or properly treat certain medical
conditions in the mother e.g. gestational diabetes,
pre-ecclampsia/toxemia, high blood pressure.
» Brachial
Plexus Injury
During difficult deliveries, when a baby
is large or there is difficulty delivering the baby’s
shoulders, the group of nerves supplying the arms
and hands may be stretched or torn if excessive
traction is applied by the doctor or midwife. Fortunately,
brachial plexus injury is often temporary. However,
permanent injury may result which will affect a
baby’s functioning for the rest of his life.
» Fractures
Fractures, especially of the clavicle or collarbone,
are common occurrences during labor and delivery.
This may occur when there is a problem delivering
the baby’s shoulder or during a breech delivery. |
| Many injuries are not, by themselves, associated with negligence, however, if several occur at once in a baby, and this leads to permanent damage, this could indicate negligent care and should be investigated. |
» Caput
Succedaneum
As the baby travels through the birth canal, a severe
swelling of the soft tissues of the baby's scalp
can occur as well as bruising in the area. Vacuum
extraction makes this condition more likely to occur.
» Cephalohematoma
An area of bleeding between the bone and its fibrous
covering often appears several hours after birth
as a raised lump on the baby's head. Depending on
the size and area of the bleeding, a baby may develop
jaundice as the red blood cells break down.
» Bruising/Forceps Marks
The trauma of passing though the birth canal or
contact with the mother's pelvic bones can cause
some signs of bruising on the face or head of a
baby. Other marks might be the result of the forceps
used during delivery. Vacuum extraction may cause
scalp bruising or a scalp lacerations.
» Subconjunctival Hemorrhage
The breakage of small blood vessels in the eyes
of a baby in one or both of the eyes may have a
bright red band around the iris.
» Facial Paralysis
The facial nerve is injured during labor
or birth because of pressure on a baby's face or
because of the use of forceps during delivery. The
injury is often seen when the baby cries. The damage
is visible when the baby cries with the lack of
movement on the injured side of the face. This condition
if ongoing may require surgery.
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