Types of Birth Injuries
Birth injuries are often severe, requiring long-term medical treatment that can extend into adulthood. Some of the most common birth injuries include:
- Cerebral palsy: This injury occurs when there’s a lack of oxygen in the brain. Cerebral palsy can cause seizures, trouble with motor control, breathing problems, poor bladder control, and more. There are various treatment options for Cerebral palsy, but it cannot be cured. It’s a permanent disability.
- Erb’s palsy: Erb’s palsy is caused by damage to the brachial plexus nerve. This nerve controls arm movement and feeling. In some cases, Erb’s palsy can be permanent. It can result in paralysis of the arms.
- Hypoxia: When a lack of oxygen reaches the brain, hypoxia can occur. Hypoxia is caused by negligent delivery. It can occur when the head is left in the birthing canal for too long or if vacuum devices are used. Hypoxia causes breathing issues, seizures, brain damage, and death.
- Kernicterus: Kernicterus is a type of brain damage that occurs when newborn jaundice isn’t treated right away.
- Shoulder dystocia: When one or both of your baby’s shoulders get stuck in the birthing canal, it can cause shoulder dystocia. Shoulder dystocia may require an emergency c-section. It may also cause hypoxia or other issues for the baby.
- Torticollis: Also known as Wryneck, is the twisting of the neck that causes the head to rotate and lift at a strange angle. Stretching can help to reduce torticollis.
How a Birth Injury Can Impact Someone for the Rest of Their Life
Birth injuries can be devastating for the parent or parents. They’re hoping to have a beautiful, healthy baby, and a mistake at the last minute (or several mistakes throughout) takes that chance away from them.
A baby born with a birth injury can have medical issues for the rest of their life, ranging from mild to severe. They may have poor motor skills and seizures, or they might be permanently disabled. All because of mistakes made by a doctor you thought you could trust.
While the impact on the child is great, the impact on the parents can be difficult as well. Becoming a full-time caretaker can be a stressful undertaking, especially if you’ve never worked with a disabled person before. You may find yourself experiencing post-partum depression, stress, and other emotions. These are completely normal for a person in your place.
Types of Damages You Can Recover for Your Child’s Injury
After a birth injury occurs, you’ll incur damages as a result. Damages refer to the losses you experience. These losses can have an attached monetary value (economic damages) or not (non-economic damages). You can recover the following damages for you and/or your child’s birth injury:
- Past and future medical bills for both you and your child. In the case of a permanent disability or long-term injury, the compensation you receive will be based on your child’s future treatment plan.
- Past and future lost wages. If you are unable to work because of your child’s injury, you can claim these damages.
- Lost earning capacity. If your child’s disability prevents them from working in the future, you may be able to claim these damages.
- Pain and suffering on behalf of you and your child.
- Emotional distress on behalf of you and your child.
- Permanent disfigurement or scarring.
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