Bringing a baby into the world should be one of life’s most joyous moments for parents. But when health complications arise with a newborn, that joy can quickly turn to worry and confusion.
Parents often struggle to understand if their child’s condition happened because of something that went wrong during delivery or if it developed naturally during pregnancy. Knowing this difference is not just medical information—it might determine if you have legal options to help provide for your child’s future care.
Injuries: Caused during the birthing process
Birth injuries happen during labor or delivery and often stem from complications or medical mistakes that might have been avoided with proper care.
- Oxygen deprivation: When a baby doesn’t get enough oxygen during birth, it can damage the brain and lead to cerebral palsy or developmental issues.
- Physical trauma: Too much force during delivery can cause broken bones, nerve damage or conditions like Erb’s palsy where arm movement becomes limited.
- Medication errors: Wrong dosing of drugs that induce labor or manage pain can harm both the mom and baby during birth.
- Delayed c-section: Waiting too long to perform a necessary cesarean section can cause preventable harm to your baby.
- Improper use of tools: When doctors misuse forceps or vacuum extractors, they can cause skull fractures, facial paralysis or nerve damage.
Medical providers must follow established standards of care during childbirth—when they do not, and your baby suffers as a result, you might have grounds for a medical malpractice claim.
Defects: Present before birth
Birth defects develop while your baby grows in the womb, typically within the first three months of pregnancy before many women even know they’re expecting. Here are some key contributing elements:
- Genetic factors: Chromosomal disorders like Down syndrome develop before birth and are not related to medical care during delivery.
- Maternal health conditions: Certain illnesses or health issues in the mother can affect how a baby develops in the womb.
- Medication exposure: Some prescription drugs taken during pregnancy might harm fetal development.
- Environmental toxins: Exposure to certain chemicals, radiation or infections during pregnancy can lead to developmental problems.
- Detection timing: Some defects show up on prenatal tests while others only become apparent after your baby arrives.
You and your child deserve support and answers if something went wrong during birth. Talk with a medical malpractice attorney who can review your case and help determine if your child’s condition resulted from preventable medical errors or natural causes.