Chicago Birth Injury Lawyer

Types of Birth Injuries

Depending on the specific injuries sustained by a child, parents can be entitled to compensatory damages, in addition to economic and noneconomic damages.
Economic damages include past and future medical expenses, caretaker expenses, and lost wages. Noneconomic damages cover harm that is more subjective in nature, including:

• Pain and suffering
• Disfigurement
• Loss of a normal life
• Shortened life expectancy
• Emotional distress

Susan E. Loggans & Associates handles a wide variety of birth injury cases, including:

Cerebral Palsy

Cerebral Palsy can affect movement, muscle tone or posture and is caused by damage that occurs to the immature, developing brain, most often before birth. It is typically not detected until a child is 2-3 years old.

Brachial Plexus Injuries (BPI)

These injuries involve the nerves that send signals from the spinal cord to the shoulders, arms and hands being stretched, compressed or torn away from the spinal cord.

Facial Paralysis

This occurs when the nerve exits the skull, and can be caused by extended labor, seizing the head obliquely during delivery or through the use of epidural anesthesia.

Fractures

The most common fracture during delivery involves the breaking of the collarbone, which can happen if the baby is born breech or their shoulder gets stuck when exiting the birth canal.

Caput Succedaneum

Swelling of the scalp during delivery can cause this condition, which often results in a cone-shaped head.

Birth Injury Causes

There are many factors that can contribute to birth injuries. While many birth injuries cannot be prevented, there are a number of common mistakes that can take place during labor and delivery that can cause injuries, including applying too much force, the improper use of forceps, and failure to properly monitor and address signs of fetal distress.

Below are a few examples we have seen in cases involving our clients.

Cerebral Palsy

2-3 out of every 1,000 children born in the United States have Cerebral Palsy by the age of 3 years old. While there are many instances in which a doctor can’t do anything to prevent it, this condition can be caused by negligence. The most common cause in these cases of negligence is lack of oxygen, known as asphyxia, during labor and delivery. Non-negligence causes can include prematurity, infections during pregnancy, blood diseases, jaundice and head injuries incurred during the first two years of life.

Brachial Plexus Injuries (BPI)

Damage to the nerves that make up the brachial plexus occurs when the shoulder is stretched away from the neck. During the birthing process, this can occur due to a prolonged delivery, breech birth, or the newborn’s shoulders getting caught within the birth canal.

Facial Paralysis

The most common cause of congenital (at birth) facial paralysis related to medical negligence involves the use of forceps during delivery. Another common cause is a high birth weight, in which the newborn weighs more than 7.5 pounds.

Fractures

Fractures can occur at birth due to the fragility of the newborn’s bones and skin. It is most commonly the newborn’s size and position during labor and delivery that contribute to fractures. A fracture to the clavicle is the most common fracture experienced at birth, occurring when the newborn is born breech or their shoulder gets stuck in the birth canal.

Caput Succedaneum

This condition most often occurs after an especially long or difficult delivery. It is more common during vaginal births than c-sections, due to the localized pressure experienced to a newborn’s head as it exits the birth canal. Improper use of forceps or a vacuum during delivery is a leading cause. Because a child’s size in relation to the birth canal plays an important role in this and many other birth injuries, not ordering a necessary c-section instead of a vaginal birth is one way in which many doctors can be held liable for this condition.