Frequently Asked Questions About Birth Injuries

Although all children do not always respond the same, most babies with an acute injury from a lack of oxygen or blood flow respond with what is called the neonatal neurologic syndrome. Infants who have been asphyxiated or had trauma during labor and delivery usually show certain indicators of a birth injury including irritability, stupor, apnea, seizures, and other clinical signs and symptoms resulting from acute brain damage. Some babies have bleeding in the brain. Many times, children may have swelling or edema of the brain which can be seen on a CT scan, MRI, or an ultrasound. Beam Legal Team knows how to comb through the medical records to help you determine if negligence or medical malpractice was the cause of your child’s birth injuries.

Before filing a lawsuit, we carefully examine the medical records and the facts of your case to determine whether anyone is at fault. Contrary to what the insurance industry would like you to believe, experienced attorneys like those at Beam Legal Team carefully screen the cases. We do not sue innocent doctors or hospitals without just cause. If it turns out that you do have a case, you owe it to your child to seek justice in a court of law. Some of the biggest fears of parents of special needs children include the costs of caring for their child and who will take care of their child after they are gone. Even fully-funded government programs for special needs children do not provide the 24-hour care that most of our clients will need for the rest of their lives.

During labor, oxygen is supplied to the unborn baby through the placenta from the mother’s circulation. If this supply is cut off due to trauma during delivery, umbilical cord or placental issues, an extended delivery, or excessive contractions, the result can be brain damage. Depending on the severity of the damage and where it occurs, the result can be cerebral palsy.

Cerebral palsy can be caused by damage to the brain that affects muscle tone, coordination, motor skills, and posture. The brain damage can be a result of trauma or a lack of oxygen or blood flow during birth or during the neonatal period. The cost of care for a child with cerebral palsy can extend throughout life. Each case must be evaluated individually.

Yes. Medical negligence, such as delays in delivery, failure to detect fetal distress, or failure to treat conditions like jaundice or meningitis, can cause oxygen deprivation or brain injury leading to cerebral palsy. If it is proven that these errors directly caused the condition, you may have grounds for a birth injury lawsuit.

Early signs include delayed developmental milestones (rolling, sitting, crawling), abnormal muscle tone (too stiff or floppy), difficulty holding the head, stiff or crossed legs when lifted, unusual postures, trouble grasping objects, feeding difficulties, and excessive drooling.

Brachial plexus, or Erb’s palsy, is often caused by the failure to undertake the proper maneuvers to properly deliver a child. Deviations of a delivery surgeon’s care can result in the infant suffering serious and even debilitating injuries such as brachial plexus. If a child suffers from Erb’s palsy, this can be an indication that the health care provider’s actions deviated from the standard of care the patient deserved.

A brachial plexus injury is damage to the network of nerves that controls movement and sensation in the shoulder, arm, and hand. It happens when these nerves are stretched, compressed, or torn during delivery because the baby’s neck is pulled too hard or stretched excessively.

No, not always. While some brachial plexus injuries happen due to unavoidable complications during delivery, others result from medical negligence such as excessive force, improper use of delivery tools, or failure to properly manage shoulder dystocia. If negligence caused the injury, you may have legal options to pursue compensation.

Recovery depends on the severity of the injury. Some children experience a full recovery, especially if the injury is mild and treated early with physical therapy. However, more severe injuries, such as nerve tears or avulsions, may lead to lasting weakness or paralysis and might require surgery.

Facial nerve injury often occurs due to pressure on the baby’s face during a difficult delivery, especially when forceps or vacuum extractors are used. Excessive force or improper technique can stretch or damage the facial nerve, leading to temporary or permanent paralysis.

Signs include weakness or drooping on one side of the face, difficulty closing the eye, asymmetrical facial expressions, or problems with feeding. In many cases, the paralysis improves over time, but some infants may require treatment.

Skull fractures can occur during difficult deliveries, particularly when forceps or vacuum extractors are used improperly, or if excessive pressure is applied to the baby’s head.

Symptoms of a skull fracture in a newborn may include swelling or bruising on the scalp, soft spots on the head, irritability, or unusual behavior. Some fractures may be accompanied by bleeding or bruising under the scalp.

IUFD refers to the death of a baby inside the womb after 20 weeks of pregnancy. It is typically diagnosed when fetal heart tones are no longer detected during prenatal visits or with ultrasound imaging confirming the absence of fetal movement or heartbeat.

IUFD can result from various factors, including placental problems, infections, birth defects, maternal health issues like diabetes or high blood pressure, umbilical cord accidents, or complications during labor. Sometimes, the cause remains unknown despite thorough investigation.

Yes. IUFD may be caused by preventable medical errors such as failure to monitor fetal distress, delayed delivery, improper management of maternal conditions, or failure to act on warning signs. If negligence is proven, families may pursue legal action to seek compensation.